Partner Visa or Spouse Visa
All couples, regardless of the nature of their relationship will apply for the same partnership visa. This will be either the 309 offshore or 820 onshore spouse visa.
The evidence that you need to show to support your application will depend on the nature or status of your relationship.
Typically, the non-Australian partner receives a 2 year provisional visa. And at the end of a 2 year period, if the relationship is still ongoing, the Department of Immigration will grant a permanent visa. This will be subclass 100 or 801 respectively.
For couples with children or for those who have been in a relationship prior to applying for over 3 years, the department can immediately grant you the permanent visa.
To be eligible to apply for a Spouse visa, one spouse must be an Australian citizen or
- an Australian permanent resident or
- an eligible New Zealand citizen.
To be eligible to apply for a Spouse visa as a married partner, the marriage must be legal under Australian law.
De facto visa
To be eligible to apply for a Spouse visa as a de facto partner, the applicant
- must have been in the relationship for at least 12 months
- and the applicant needs to demonstrate a genuine commitment to their partner.
The definition of a de facto partner extends to opposite and same-sex couples.
A couple can be exempt from the 12 month requirement if they have registered their domestic relationship with the relevant authority for the state of residence.
All visa applicants need to satisfy health and character requirements.
Prospective Marriage Visa
An Australian Prospective Marriage visa is a temporary visa valid for nine (9) months. It enables:
- fiancés or fiancees of Australian citizens,
- Australian permanent residents
- or eligible New Zealand citizens
to enter Australia to marry their fiance(e).
Prospective Marriage visa holders must marry their fiance(e) within 9 months after that person’s entry to Australia. They need to apply for an Australian Spouse visa (820/801) before their prospective marriage visa expires, if they wish to remain in Australia permanently with their spouse.
You must apply for a Prospective Marriage visa offshore. Applicants need to be outside of Australia at the time that the visa is granted.
Contributory Parent Visa
The Australian government has a parent visa program that allows permanent residents to sponsor their parents to live in Australia.
In order to apply as a parent, applicants must pass the balance of family test. This means that 50% of the applicant’s children must be ‘settled’ in Australia as permanent residents.
Applicants are required to pay a substantial contribution to the Australian Government.
Applicants may choose to pay this sum in 2 installments over a 2 year period, by applying for the Contributory Parent Visa, subclass 173 (Temporary). This stream incurs a higher penalty fee.
Contributory AGED PARENT VISA
Assuming the ‘balance of family’ test is satisfied, and at least one parent meets the age requirement, then both parents can both apply for the aged parent visa.
Many aged parents come to Australia on a tourist visa to visit their family and lodge their application whilst in Australia. Parents can then remain in Australia on a bridging visa during the processing time.