If you need help with a Partner/Defacto Visa subclass 820 or 309 or a Prospective Marriage Visa subclass 300 then get in touch below or give us a call on (07) 3155 2045 to get all your questions answered and make sure you are on track.
There is no compulsory requirement for you to be in a married relationship before lodging a Partner Visa (subclass 309/100 or subclass 820/801). To be eligible to apply for a partner visa, you can either be in a married relationship OR in a defacto relationship for 12 months before applying OR be in a relationship that is registered under a prescribed Australian state or territory legislation.
Quite often, couples are misled to believe that getting married will make it easy for them to be granted a visa. The Department of Immigration still requires evidence of various aspects of a couple's relationship including the financial aspects, social aspects, nature of household and nature of commitment to each other. A marriage certificate alone does not prove that your relationship is genuine and ongoing
The main difference between these two subclasses of partner visas is that the Subclass 820 can only be lodged within Australia and the Subclass 309 can only be lodged from outside Australia. The Subclass 820 visa application will result in a bridging visa which allows you to remain in Australia until the visa is decided whereas you will normally need to wait for the grant of the Subclass 309 visa before you can travel to Australia.
Which visa you lodge will depend on your physical location and personal situation, however, the application process for both is very similar in terms of the forms, application charge, documents, health and character checks
As everyone’s situation is different, there is no single checklist that can list out all the documents you must provide to the Department of Immigration for your Partner Visa application. The best way is to consult with a Registered Migration Agent who can firstly understand your personal circumstances and then guide you on the types of documents to provide in order to have the best chance of success.
You may be able to apply for a Partner Visa (Subclass 820/801) while in Australia on a Subclass 600 Visitor Visa if you meet the eligibility criteria and you do not have an “8503 - No Further Stay” condition on your visitor visa
To be granted a Partner Visa as a de facto partner (opposite-sex or same-sex), you and your sponsor must show that you have been in a committed de facto relationship for the entire 12 months immediately prior to lodging your application. You may still be eligible to apply if you and your partner were prevented from living together temporarily during that 12 month period.
For example: You lived with your partner for 9 months before your partner was suddenly required to move to another city for work. You were unable to move to the same city, because of a family situation, until 3 months later. The 3 months of living separately could be counted towards the 12 month period as it was a temporary separation outside of both your control and you remained committed to each other as a de facto couple.
If you have spent some time living apart from your partner, it is best to get professional advice as to whether you meet the 12 months de facto relationship requirement
A bridging visa is a visa that allows you to stay lawfully in Australia from after you have lodged a visa application until you are granted a substantive visa. For example, if you are holding a 3 month visitor visa and lodge a Partner Visa (Subclass 820/801) while in Australia, you will be granted a Bridging Visa A which will come into effect after the expiry of the visitor visa. You can stay in Australia on the bridging visa until your Partner Visa is granted.
"Fantastic Service! ... Emma was simply incredible, very friendly and helpful. I felt very confident that my application was being dealt with promptly and professionally. Emma was always there when I needed a question answered and I could trust her judgement 100%. I happened to find Freedom after having a very awful experience with a previous lawyer and from the very first time of speaking with Emma I knew I wanted to transfer my case / application right away, she was amazing! Best decision I ever made!"
A partner visa is often the best solution for couple’s who are planning a future together in Australia. If granted, a partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to enter into Australia to be with their partner or to remain in Australia (if the visa applicant can apply from inside Australia).
There is a long list of requirements and your suitability for a partner visa will depend on a number of different factors. While you feel you might meet the requirements, it’s important you are also able to evidence how you meet these requirements and this is often where couple’s struggle.
Migrating to Australia doesn’t have to be a lengthy, confusing and difficult process. Australia is known for its stress-free lifestyle, and with Freedom Migration, your migration experience will be the same.
During a Partner Visa Planning Session with us you will tell us all about the love of your life, what your plans are, what your worries are and when you want to be together. What we will do during this session is;
A small bit of planning at the start can save you thousands in the long run and reduce the stress while waiting on the impending visa.
Having a Visa Planning Session is really the absolute minimum you should do before forking out the non-refundable $7K fee to Department of Immigration and Border Protection and if you have a more complex issue such as children involved or a health issue then it's an absolute must.
At the end of this planning session you and your loved one will walk away feeling clearer and confident about your future. You’ll be able to start planning your life for the long term