If your partner holds Australian citizenship, it is possible to apply to a stream of partner visa. To become eligible, you both need to either have a de-facto relationship or have a married relationship.
The process of the partner visa subclass 820 or 309 involves two stages. However, you are free to apply for a permanent visa for the subclass 801 or 100 and a temporary (820 or 309) simultaneously.
If you stay in Australia, you can choose to apply for Partner Temporary Visa (Subclass 820) as well as Permanent Visa (Subclass 801).
If you live outside Australia, you can choose to apply for Partner Temporary Visa (Subclass 309) as well as Permanent Visa (Subclass 100).
Temporary partner visa subclass 820 and 309
To prove your eligibility for one of these Visas:
- You have to be older than 18 years
As per the Australian law, a couple can get married only after crossing the age of 18 years.
- Your relationship has to be genuine
You should be able to prove that your relationship with your partner is serious and committed. It is important that you live with your partner or you don’t permanently live apart. The Immigration Department looks into a variety of factors related to your relationship, such as:
- Financial interdependence
- A relationship’s social aspects
- Commitment level
- You must be living together for at least 12 months in case of a de-facto relationship
The authorities would ensure that you have been living with your partner for 12 months at least, in de-facto relationship. However, if your habitation is already state-recognized relationship registrations, this cohabitation won’t be essential. This is not applicable to married couples but they still need to show that they live together at the time of application submission.
- You need to fulfil health and character requirements
Necessary police checks and health assessments must be undertaken. In case of a medical problem, you can submit a health waiver including all requirements, showcasing that the treatment of a condition won’t cost too much to the community in Australia.
- You need to have no debt left on you by the government of Australia
None of you or your family members, even those not applying for the visa, should owe any money to the Australian government at the time of application submission. In case of a debt, you or your family members need to pay it back to get the visa approved.
Duration and conditions for Partner Visa Subclass 820 and 309
Subclass 309 is for all offshore applicants. It provides the ability to come to Australia to stay with your partner.
Subclass 820 is for all onshore applicants. It provides you the ability to stay in Australia with your partner. This time period includes the duration of an application’s processing period.
The validity of the subclass 820 and subclass 309 visa is offered till the final decision regarding your application for the permanent visa. The subclass 309 and/or subclass 820 visa holders can submit for a permanent visa after 2 years of applying for their subclass 309 and/or subclass 820 visa.
Adding dependants on an application of the partner visa
Yes, you can add dependants when filling your partner visa application, but the dependents should meet all of the secondary applicant’s requirements. So, they have to be either dependent children or a part of the primary applicant’s family.
What are the perks of getting this partner visa?
- You can stay and work in Australia during the period of assessment of your partner (permanent) visa application.
- You can choose to obtain an education in Australia.
- You can travel in and out of Australia without any re-entry restriction.
- You can receive free classes to learn English for a maximum of 510 hours. This facility is provided by the authorities of the Adult Migrant English Program.
- You can choose to get enrolled in the scheme of public healthcare in Australia.
The processing can vary, depending on the time you choose to apply.
The visa fees need to be submitted with the application and it is a non-refundable amount, even in the case of an unsuccessful application or withdrawal from the side of the applicant.
After the submission of the application
After submitting your application, you will have to wait until an officer gets allocated to finalize your case.
As per the current processing time, the process of finalizing a visa in the Subclass 820 may take about 21 to 25 months. However, the finalization of your subclass 309 may take about 12 to 17 months.
As you reach the end of two years of submission of your provisional partner visa, you can submit your second stage partner visa application to take a step towards your permanent residency.