The Australian Partner Visa is applicable to: unmarried partners, married spouses, de facto relationships, suitable for foreign citizens entering Australia to live with their spouses, who must be either Australian citizens, Australian permanent residents (PR), or eligible New Zealand citizens. The visa is only granted after formal review and meeting all legal requirements.
Due to the absence of age, education, asset, and English proficiency requirements for the Australian Spouse Visa application, it holds significant appeal for many applicants. However, the Australian Department of Immigration maintains strict scrutiny over such applications. According to immigration regulations, both the visa applicant and their sponsor, whether spouse, unmarried partner, or interdependent partner, must make the following declarations:
A mutual commitment to live together and be dedicated to each other.
Their relationship is genuine and ongoing.
Living together, or not permanently separated.
In a Partner visa application, proving the authenticity and longevity of the relationship between both parties is crucial for the approval of the visa.
Therefore, applicants for the Australian spouse visa must demonstrate that they have met and know each other with their Australian spouse, and genuinely intend to live together as spouses.
Please note that merely possessing a marriage certificate or a period of cohabitation is not sufficient to prove the authenticity of the marital or interdependent relationship. Applicants will be required to provide a range of materials to demonstrate the genuineness of their relationship. Most applications will undergo investigation and verification, including face-to-face or telephone interviews, document reviews, verification by issuing authorities of documents, third-party telephone inquiries, and on-site investigations.
Offshore-Subclass 309 Partner (Provisional) visa/Subclass 100 Partner (Migrant) visa
Applicable for overseas applicants to enter and reside in Australia with their spouse. The spouse must be an Australian citizen, an Australian permanent resident (PR), or an eligible New Zealand citizen. After the grant of the 309 visa, the applicant can live in Australia until the 100 spouse permanent visa is granted. If the spousal relationship continues for two years after you receive the visa, you may be eligible for a permanent visa.
Onshore-Subclass 820 Partner visa (temporary) /Subclass 801 Partner visa (Permanent)
Applicable for applicants within Australia, whose spouse must be an Australian citizen, an Australian permanent resident (PR), or an eligible New Zealand citizen. After the grant of the 820 visa, the applicant can live in Australia until the 801 spouse permanent visa is granted. If the spousal relationship continues for two years after you receive the visa, you may be eligible for a permanent visa.
Subclass 300 Prospective Marriage visa
Applicable for overseas applicants to enter Australia and marry their fiance(e). The fiance(e) must be an Australian citizen, an Australian permanent resident (PR), or an eligible New Zealand citizen. The visa is valid for 9 months. Once married, the visa holder can apply for the 820 spouse temporary visa and the 801 spouse permanent visa.Offshore-Subclass 309 Partner (Provisional) visa
We may refuse your sponsorship and your partner’s visa application if:
this is your third time sponsoring someone for a Partner visa or Prospective Marriage visa
you have sponsored another partner within the last 5 years or
you were sponsored as a partner within the last 5 years.
You might still be able to sponsor someone for this visa if:
your previous partner died or left the relationship and you have young children
you have been with your partner for more than 2 years
you (or your partner) have dependent children.
Eligibility:marriage / One year of cohabitation / de facto
820(Onshore)
309(Offshore)
801(Onshore)
100(Offshore)
It takes two years from the time of first lodging the Temporary Visa before you can lodge an application for a Partner Permanent Visa.
If you have been in a long term relationship, i.e. more than three years or more than two years with a child, our lawyers can apply for a One Step Partner Permanent Visa for you.
Mr Z came to Australia from his home country as a tourist in 2010, then applied for a refugee visa because he was wrongly advised by another agent, refused and then applied for an AAT and a court appeal, all of which have ended in failure.
Thankfully, he found his preferred spouse in 2019 and consulted GEIC for a partner visa, and with the careful guidance and planning of the GEIC team, helped Mr Z arrange the most appropriate offshore submission.
They are former university classmates from China came to study in Australia together, but later had to separate due to work reasons. The sponsor wanted to provide peace of mind to their partner, so both families decided to arrange their marriage early. After one year, they successfully obtained the Prospective Marriage Visa (subclass 300).
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