Partner Visa (subclasses 100, 300, 309, 461, 801, 820)
A Comprehensive Guide to Partner Visa in the Family Visa Stream in Australia
The Partner visa is a crucial component of the family visa stream in Australia, providing a pathway for individuals to join their Australian citizen, permanent resident, or eligible New Zealand citizen partner in the country. This visa category recognizes the importance of spousal relationships and enables couples to reunite and build a life together in Australia. In this article, we will provide a comprehensive overview of the Partner visa, including its eligibility criteria, application process, and key considerations.
Eligibility Criteria:
To be eligible for a Partner visa in Australia, the applicant must be either married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. The relationship must be genuine and ongoing, and evidence must be provided to support this claim. The applicant must meet health and character requirements and be able to demonstrate adequate financial support.
Temporary and Permanent Stages:
The Partner visa is a two-stage process. The first stage involves obtaining a temporary visa (subclass 820 or 309), which allows the applicant to live and work in Australia for a specified period. After a designated waiting period, the second stage involves applying for a permanent visa (subclass 801 or 100), which grants the right to reside in Australia indefinitely.
Onshore and Offshore Applications:
Applicants can apply for the Partner visa while in Australia (onshore) or from outside Australia (offshore). Onshore applicants must hold a valid visa that allows them to lodge the application within Australia. Offshore applicants can lodge their applications from their home country or any other country outside Australia.
Visa Options:
Partner (Temporary and Permanent) Visa (Onshore) - Subclass 820/801:
This is the onshore Partner visa. The subclass 820 is a temporary visa that allows individuals to live and work in Australia while their permanent subclass 801 visa application is being processed. Once the permanent visa is granted, the individual becomes a permanent resident of Australia.Partner (Provisional and Migrant) Visa (Offshore) - Subclass 309/100:
This is the offshore Partner visa. The subclass 309 is a temporary visa that allows individuals to live outside Australia while their permanent subclass 100 visa application is being processed. Once the permanent visa is granted, the individual can migrate to Australia and become a permanent resident.Prospective Marriage (Fiancé) Visa - Subclass 300:
This is the Prospective Marriage visa, also known as the fiancé(e) visa. This visa allows individuals who are engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen to enter Australia and marry their partner within nine months of visa grant. After marriage, the individual can apply for a Partner visa to remain in Australia.New Zealand Citizen Family Relationship visa - Subclass 461:
This is the New Zealand Citizen Family Relationship visa. It is specifically for individuals who are not Australian citizens or permanent residents but are in a genuine and ongoing relationship with a New Zealand citizen living in Australia. The visa allows individuals to live, work, and study in Australia temporarily.
Evidence of Relationship:
A crucial aspect of the Partner visa application is providing evidence of a genuine and ongoing relationship. This includes demonstrating shared financial responsibilities, cohabitation, joint household activities, and social recognition of the relationship. Documents such as joint bank statements, utility bills, lease agreements, and photographs can serve as supporting evidence.
Health and Character Requirements:
All Partner visa applicants must undergo health examinations to ensure they do not pose a health risk to the Australian community. Additionally, character checks, including police clearances, are conducted to assess an applicant's suitability for migration. Certain health conditions or character issues may impact the visa application, but individual circumstances are taken into consideration.
Processing Times:
The processing times for Partner visas can vary, and they depend on various factors, including the complexity of the case, the number of applications being processed, and the visa office's workload. Generally, it is recommended to lodge the application well in advance and be prepared for potential waiting periods.
Bridging Visas:
Applicants who are already in Australia and lodge an onshore Partner visa application may be eligible for a bridging visa. A bridging visa allows the applicant to remain lawfully in Australia while their Partner visa application is being processed.
Migration Agent Assistance:
Navigating the Partner visa process can be complex, and seeking assistance from a registered migration agent can provide valuable guidance and support. Migration agents can help with compiling the necessary documents, ensuring compliance with visa requirements, and representing the applicant's interests throughout the application process.
Conclusion
The Partner visa in the family visa stream offers individuals the opportunity to reunite with their Australian partner and establish a life together in Australia. Understanding the eligibility criteria, gathering appropriate evidence, and following the application process diligently are key to a successful Partner visa application. Consulting with a registered migration agent or accessing official government resources will help applicants navigate the complexities and ensure a smooth migration journey.