Partner Visas in Australia – What You Need to Know

Partner Visas in Australia – What You Need to Know

True love takes real commitment and time – unfortunately so does the process of applying for an Australian partner visa! Ahhh…love is a beautiful thing. Spending so many days together just enjoying life and being blissfully happy is something that we all aspire to do. However, what if you already have that and you don’t want it taken away just because you and your married or de-facto partner are from two different countries? This is where the Australian Partner Visa 820 comes in. In this blog, we’ll take a look at some of the most important information you need to know to help you to make an informed choice.

Going Down the Australian Partner Visa 820 Immigration Route – What You Can and Can’t Do

If you’re currently reading this, then we assume that things between you and your loved one are pretty amazing. Congratulations! You are about to embark on quite a journey. Thankfully, our Active Migration team are always on hand to talk you through your options and to help you plan the best route forward. You see, obtaining a Partner Visa 820, can be a bit of a lonely road. You may feel overwhelmed at times and that’s okay. It’s natural. That’s why we want you to know that we are here to help lighten that load for you.

So, if you are currently in a marriage or a de-facto relationship with a permanent resident of Australia, an Australian citizen or an ELIGIBLE New Zealand citizen, you could potentially qualify for Australian partner migration. The process is in two stages. The first involves you being granted a temporary partner document. Then, after a certain amount of time has elapsed, you will be granted a permanent partner document if you have submitted evidence to Immigration that confirms you continue to meet all requirements. (You should still be married or in a de-facto relationship with your Australian partner).

A temporary partner document will allow you to:

  • Work, study and live in Australia while your permanent document is processing
  • Attend English classes
  • Leave and re-enter the country unlimited times

Once you have been given your permanent document, you will be able to:

  • Work, study and live in Australia forever
  • Apply for Australian nationality should you be eligible
  • Sponsor eligible family members to come to the country

Long-Term Relationship

Under certain circumstances, your visa application can be made in a single step. If this happens, and your application works out, you will then be awarded a Subclass 801 visa for permanent residence at the first step. To be eligible for this, you and your Australian sponsoring partner need to be in a long-term relationship. What’s the definition of long term? Well, under these circumstances, that’s either:

  • Three years or
  • Two years if the relationship has any dependent children

Australian visas can be confusing, as you can see. So, if you would like some help, advice and information, just get in touch with our team. We have many years’ experience in our field, having helped thousands of couples to be together in Australia. Let us provide you with the benefit of our knowledge to help take some of the stress away.

Eligibility for the Subclass 820 Partner Visa Australia

Before you arrange anything else, you have to ensure you meet the visa requirements.  These are:

  • You need to be 18 or over (some exceptions may be made if you are part of a married couple)
  • You need to be in a de-facto or married relationship with a permanent resident or an Australian citizen, or an eligible citizen of New Zealand.
  • Your sponsor has to be over 18 (again there are exceptions to this rule if you are married)
  • Your Australian partner must sponsor you (although in some circumstances, certain individuals are not allowed to be sponsors). However, if your partner is younger than 18, you need to be sponsored by their guardian or parent.
  • As your sponsor, an individual must meet a particular character requirement. They must also supply relevant police clearances to illustrate this.
  • You yourself must also meet character as well as health requirements.
  • Additionally, you need to hold any visa excluding a bridging visa. Alternatively, you need to meet other extra requirements in accordance with Schedule 3 criteria.

Once you have made sure that you meet all of the standards and prerequisites above, you can then move forward with your visa plans.

Your Relationship

Your relationship will come under a great deal of scrutiny when you’re applying for your Subclass 820 visa. To meet the current requirements, you should either be married or in a de-facto relationship with your Australian partner. It’s also crucial that you check the official Australian Government definitions of these terms to avoid any confusion.

Marriage

If you are married to your Australian partner, the following requirements should be met:

  • The marriage is legally valid in Australia
  • You both have a mutually exclusive marriage
  • Your relationship is genuine and long-term
  • You live with each other or do not live apart and separately

De-Facto Relationship

If you are not currently legally married to your Australian partner, the following must apply:

  • You aren’t related by family
  • You and your partner have a mutually exclusive commitment to the exclusion of others
  • Your relationship is genuine and long-term
  • You live with each other or do not live apart and separately

You also need to prove that your de-facto relationship has lasted for at least 12 months at the time you lodge your application. Having said that, exceptions can be made under certain circumstances.

You will also be asked about and to prove financial, social and household information that relates to you both as a couple. For more facts and advice on any aspect of migration and visa application, including bespoke, tailored solutions that will enable you to begin your new life in Australia, speak with our team today. We will guide you through the best route to living, working and playing in Australia.

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