De facto/Spouse/ Partner visa applications

These visas apply to prospective applicants who are in a relationship with an Australian citizen or Australian permanent resident. The Australian citizen or permanent resident is the ‘sponsor’ for the application. The non-citizen is considered the ‘applicant’.

The relationship between the parties may be any of the following:

• Spouse,
• De Facto
• Same Sex couple
• Engaged couple planning to be married.

There are different requirements which must be shown to prove your relationship. Generally, you must show you are in a genuine and continuing de facto or spousal (married) relationship for at least 12 months. There are many ways to prove the 12-month requirement and our lawyers have assisted many couples with compiling evidentiary documentation to prove the existence and duration of the relationship. However, if you think that you do not meet 12-month requirement, make an appointment to discuss this with our lawyers, there are other options available to ensure you meet the requirements.

There are three possible visa applications which are available: 

• Prospective Marriage Visa subclass 300

This visa will allow an applicant who plans to marry their prospective spouse (the sponsor). This visa can only be applied for whilst outside Australia and is a temporary visa only. Once the visa is granted, the applicant will have a specified time in which to enter Australia, and then a specified time to marry the sponsor an application for a partner visa may then be made. 

• Partner visa (offshore application) subclass 309/100

This visa will allow an applicant who is the de facto or spouse of a sponsor to migrate to Australia. The application must be made whilst the applicant is offshore. Similarly, when a decision is made, the applicant must also be offshore. This visa suits most couple’s where one or both of the parties to the relationship predominately reside out of Australia, and plan to live in Australia in the future. 

•  Partner visa (onshore application) subclass 820/801

This visa will allow an applicant to remain in Australia once their partner visa is lodged, up until a decision is made. This partner visa is also unique as an applicant does not need to hold a valid visa in Australia to be eligible to make an application. However extra criterion must be met at time of the decision on the application, where it must be shown that compassionate or compelling reasons exist to have the visa granted in Australia.

Applicants in the above 3 visas are usually eligible for permanent residency after 2 years from date of the Partner visa application. Certain applicants may also be eligible for a permanent visa straight away, providing the couple are considered to be in a ‘long-term relationship’.

If you wish to discuss your eligibility for the partner visa or enquire about making an application and meeting the requirements, please contact Harbourside Legal Commercial to arrange an obligation-free consultation.

Contact us through our enquiry form or Phone 02 9262 3553.