Can I apply for a Partner Visa if I am not in Australia? What would happen if my relationship ends after my Visa is approved? What about if my partner is not an Australian citizen? Our migration agent answers all your questions.
The Partner Visa is one of the most common pathways to getting a Permanent Residency in Australia. We asked our migration agent, Fabio Nocilla, about the main frequently asked questions.
Let’s start with the basis:
1. Partner Visa types
There are several types of Partner Visas:
For onshore applicants:
Partner visa – Subclass 820
This Visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this Visa is the first step toward a permanent Partner visa (subclass 801).
For offshore applicants:
Partner visa – Subclass 309
This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step toward a permanent Partner visa (subclass 100).
Do you need additional guidance with your Visa application? Book a personalised consultation with our Migration Agent
2. What are the main requirements to apply?
To be eligible, you must be married to or in a de facto relationship with:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen
3. Requirements for couples
- Applicant must be over 18 years of age
- For a de facto relationship: You and your partner should have lived together for 12 months in the same household.
- For married couples: Your marriage must be recognised under Australian Law
- The relationship should be genuine and continuing (we will talk about that below)
Having said that….
4. Should I be married to apply?
No. As far as you can prove your de facto relationship is genuine and continuing.
5. Can the applicant be outside Australia?
There are two Partner Visa types for onshore and offshore applicants as follows:
- Onshore Partner Visa: Applicant must be in Australia – Subclass 820/801
- Offshore Partner Visa: Applicant must be outside Australia – Subclass 309/100
6. How can I prove my relationship is genuine?
There are 4 key pillars or aspects the relationship should meet to ensure it is genuine.
Additional proof of a de facto relationship
In addition to documents proving your relationship, you should show the Government you have been in a de facto relationship for at least 12 months before you applied for this Visa by providing evidence you have registered your relationship with an Australian births, deaths and marriages agency, or explain any compelling and compassionate circumstances that exist to grant the Visa.
7. What would happen if my relationship ends after my Visa is approved?
The Department of Immigration requests the sponsor and the applicant to notify them immediately if the relationship breaks down or if the sponsor wishes to withdraw the sponsorship.
8. What if the sponsor has sponsored someone in Australia before?
You may not be able to sponsor your partner if you have previously sponsored 2 other partners for migration to Australia or have sponsored another partner within the last 5 years or were sponsored as a partner yourself within the last 5 years.
9. Is there a minimum time to sponsor my second partner?
You can only sponsor a second partner after five (5) years from the lodgement date of the previous application.
10. Which benefits do I have once my Visa is granted?
- Reside in Australia with your partner
- Apply for Australian Citizenship
- Unrestricted work rights in Australia
- Study in Australia
- Travel abroad – 5-year travel rights
- Include dependent children or family members
- Enrol in Medicare
- Sponsor other family members to work in Australia
- Sponsor your Parents to reside in Australia
BONUS!! Can I add my partner to my Student Visa?
Yes, you can. However, you must either be married to your partner or able to prove that you have lived with your boyfriend or girlfriend for 12 months. Your partner will have the same work and travel rights after being added to your current Visa.
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