Partner Visa Services
At Key Migration and Visa Services we provide a full-service case management for partner visa applicants. We ensure our clients have complete understanding of the suitable Partner visa pathway and their eligibility. We provide advice on various aspects of the visa such as registration of relationships or intention to marry, bridging visas, visitor visas and what key relationship evidence they need to provide.
Which Partner visa to apply?
There are 3 types of Partner visa, and depending on whether you apply for Fiancé, Married or de-facto partner there are different rules that applies.
At Key Migration we map your partner visa pathway and provide a full-service case management right up until visa grant. Some of the things we do when handling your Partner visa:
- Develop a strategy – we make sure you are applying for the correct visa
- Identifying key dates when you become eligible to apply
- Advice on how to obtain the documentary evidence for your application
- Ensure all the documents meeting the department’s standards
- Provide submission in support of your eligibility for the visa
- Guidance on police checks, health checks
- Guidance on bridging visas (for our onshore clients) and visitor visas (for our offshore clients) (separate lodgement fees may apply)
- Guidance on registration of relationships (for de facto applicants)
- Lodgement of your application and liaising with the department during the processing including response to request for providing additional information
Contact us today to book your initial consultation and get the definitive word on your eligibility for a Partner visa.
For detailed information on each Partner visa please see the next section:
1- Subclass 300 - The Prospective Marriage Visa
2- Subclass 309- Offshore Temporary Partner Visa
3- Subclass 820- Onshore Temporary Partner Visa
4- Long-term relationship
6- De-facto relationship
7- What happens if the subclass 820 visa is refused?
Subclass 300 - The Prospective Marriage Visa
The visa, is commonly known as a fiancé visa. It is a temporary visa which, if granted, will allow you to travel to Australia to marry your partner within the 9-month visa period. After marrying your partner, it is intended that you will then apply for an onshore partner visa (which must be lodged before the subclass 300 visa expires).
You need to satisfy the following criteria:
- You and your partner must both be aged 18 years or older
- You must have met your partner in person (after you each turned 18) and be known to each other personally
- You must be sponsored by your prospective spouse
- You must intend to marry your sponsoring partner (who is an Australian citizen or permanent resident, or an eligible New Zealand citizen)
- Your sponsoring partner is not prohibited from being approved sponsor
- You must genuinely intend to marry your partner within 9 months of visa grant
- There must be no legal impediment to the marriage in Australia
- You must genuinely intend to live together as spouses
- Your sponsoring partner must meet a ‘character’ requirement (providing police clearances)
- You must meet health and character requirements
Subclass 309- Offshore Temporary Partner Visa
If you are married to, or you are in a de-facto relationship with, an Australian citizen or permanent resident, or an eligible New Zealand citizen, and you are located offshore, you may consider applying for a partner visa 309 as a potential pathway to permanent residence in Australia.
The application involves a 2-step process. you are required to lodge a combined application for a temporary visa (subclass 309) and a permanent visa (subclass 100 visa) at the same time. You will first be assessed for the temporary subclass 309 visa and, if granted, it will allow you to enter and reside in Australia while your application for permanent residency is assessed.
The combined subclass 309/100 application must be lodged from offshore, and you must also be outside Australia at the time of grant of the temporary visa. For grant of the subclass 100 visa, you can be located either in or outside Australia.
Two years following lodgement of your application, you will be assessed for the subclass 100 visa. If the department can confirm whether you remain in a married or de-facto relationship with your sponsoring partner, you will be granted permanent residence in Australia.
If you have been in a long-term relationship with your Australian partner, a successful application will result in the grant of a subclass 100 visa in the first instance. A long-term relationship is one which has been in existence for a minimum period of 3 years or 2 years where there is a dependent child of the relationship.
Subclass 820- Onshore Temporary Partner Visa
The subclass 820 visa is aimed for applicants who are married to or are in a de-facto relationship with, an Australian citizen or permanent resident, or an eligible New Zealand citizen. It requires that your Australian partner sponsor you for the visa. If your application is successful, it will allow you to reside temporarily in Australia with your Australian partner.
The application involves a 2-step process. A combined application must be lodged for a subclass 820/801 visa. The subclass 801 visa is a permanent residence visa. Once two years have passed since you lodged your application, and you remain in a married or de-facto relationship with your Australian partner, you will be required to submit evidence to the department to confirm that you continue to meet the visa grant requirements. A key aspect of this will be whether.
- If you have been in a long-term relationship with your Australian sponsoring partner, your application may be considered for the permanent stage without the 2 years wait. This would be in the cases that you are in a 3 years relationship with your partner if there is a dependent child of the relationship, 2 years in the relationship is sufficient.
If you are married to your Australian partner, your marriage must be legally valid in Australia and you and your partner have a mutual commitment to a shared life as a married couple to the exclusion of all others. You must satisfy the Department that your relationship is genuine and continuing; and you either live together, or you do not live separately and apart on a permanent basis
If you are not legally married to your Australian partner, you must satisfy the Department that you and your partner have a mutual commitment to a shared life as a married couple to the exclusion of all others, your relationship is genuine and continuing; and you either live together, or you do not live separately and apart on a permanent basis. You are not related by family.
In addition to the above, you must also demonstrate that you have been in a de-facto relationship with your Australian partner for at least 12 months at the time of lodgement of your application.
Exceptions to the 12-month minimum relationship period apply in the following circumstances:
- You can demonstrate that compelling and compassionate circumstances exist for grant of the visa;
- Your sponsoring partner either is, or was, the holder of a permanent humanitarian visa, and before the grant of that visa, had declared the existence of your de facto relationship to Immigration;
- Your sponsor has applied for a permanent humanitarian visa; or
- Your relationship is registered with an Australian State or Territory Government
In assessing your relationship to determine whether it meets the definition of a marriage or de-facto relationship according to the migration provisions, the Department will consider the financial, social and household aspects of your relationship as well as the nature of your commitment. You must provide evidence to cover each of the above aspects for the entire length of your relationship when lodging your subclass 820/801 visa application. If you are lacking in a particular aspect, provide reasons why and supply appropriate evidence, as applicable.
What happens if the subclass 820 visa is refused?
You may be able to apply to the Administrative Appeals Tribunal (AAT) to have the decision reviewed. This is called a ‘merits review.’ There are specific circumstances for determining eligibility and not all decisions can be reviewed (e.g. if you fail to meet the character requirement).
The AAT will assess your application and evidence, and taking into account any additional information which you provide as part of the review. The AAT will apply the same legislative provisions as were applied by the Department in making its decision. It can either set aside the original decision, or it may agree with the Department ruling that the original decision is to stand.
Strict deadlines apply for lodging an appeal. It is very important that you act quickly if decided to appeal the decision.