Are you eligible to apply for an Australian partner visa?

By |2019-04-14T11:55:13+00:00January 29th, 2019|0 Comments

Recently, we have a lot of inquiries and have processed quite a lot of partner visas. A lot of you out there might be pondering whether to apply for this visa too. Therefore, we hope this blog will help you to gain an insight into the eligibility requirements for partner visa.

In order to be eligible to apply for an Australia Partner Visa, you need to:

  • Be married to an Australian citizen, permanent resident or eligible New Zealander OR
  • Living with an Australian citizen, permanent resident or eligible New Zealander in a de facto relationship.

TEMPORARY PARTNER VISA (SUBCLASS 820)

If you are in Australia, you may apply for the Partner visa (subclasses 820 and 801). Applying for an Australia Partner visa is a 2 stage process. The temporary Partner visa (subclass 820) is granted first and allows you to stay in Australia while the permanent Partner visa (subclass 801) is being processed.

Eligibility Criteria

To be eligible to apply for this visa:

  • You must be able to prove that you are in a genuine relationship with your spouse or de facto partner.
  • Have a sponsor, who is usually your partner. The Department of Home Affairs must approve your sponsor. You cannot change your sponsor. The person who sponsors you when you apply for the visa must be the same person who sponsors you for 2 years after the Department of Home Affairs grants your temporary Partner visa (subclass 820).
  • Be of the right age – you must be at least 18 or older when you apply.
  • Meet the health requirement.
  • Meet the character requirement.
  • You must be in Australia when you apply for this visa and when the Department of Home Affairs makes a decision on your temporary visa application. Any family members who apply with you must also be in Australia.

What is a de facto relationship?

According to the Family Court of Australia, a de facto relationship is defined in Section 4AA of the Family Law Act 1975. The law requires that you and your former partner, who may be of the same or opposite sex, had a relationship as a couple living together on a genuine domestic basis. However, your relationship is not a de facto relationship if you were legally married to one another or if you are related by family.

How to prove your de facto relationship?

You will need to show that you and your de facto partner or spouse have a commitment to a shared life together. You and your de facto partner must live together, or at least not live apart on a permanent basis.

To prove that you and your partner are in a de facto relationship, you should be able to provide the following:

  • 12 months cohabitation – you have lived with your partner for at least 12 months. This can be evidenced by a Residential Tenancy Agreement or correspondence addressed to both of you at the same address.
  • Financial Interdependence – you have made substantial financial or non-financial contribution to the other person’s property. For example, you can show joint bank accounts, joint ownership of property and other joint financial commitments including mortgages, leases, and insurance policies.
  • Social aspects – you have travelled together, participated in social, cultural or sporting activities together. Evidence can include boarding passes and photos.

You may be exempted from the 12 month cohabitation rule if:

  • You have a child of the relationship.
  • You have registered your relationship with an Australian state government.
  • You started living together more than 12 months ago, but have spent time apart due to external factors.
  • You are not permitted by law in your home country to live together.

You may still be granted the temporary visa even if your relationship had broken down of if your partner had died.

What does this visa allow you to do?

Once you are granted a temporary Partner visa (subclass 820), you are able to:

  • Stay in Australia until the Department of Home Affairs decides your permanent Partner (Migrant) visa (subclass 801) or that application is withdrawn.
  • Work in Australia.
  • Study in Australia.
  • Travel to and from Australia as many times as you want.
  • Attend up to 510 hours of free English language classes provided by the Adult Migrant English Program.
  • Enrol in Medicare, Australia’s public health care scheme.

How long is the waiting period?

Most applications will take about 15 to 24 months.

If you have been in a long term relationship with your spouse or de facto partner before you apply, you may not have to stay on the temporary subclass 820 visa. The Department of Home Affairs may grant the permanent subclass 801 visa immediately after they grant the temporary subclass 820 visa.

PERMANENT PARTNER VISA (SUBCLASS 801)

If the Department of Home Affairs did not grant you a permanent Partner visa (subclass 801) immediately after they grant your temporary Partner visa (subclass 820), you may have to provide more documents when the Department starts assessing you, usually 2 years after you lodged your temporary Partner visa (subclass 820). You can send the documents no more than a month before the 2 years date, and no earlier.

Eligibility Criteria

To be eligible to apply for this visa:

  • You must hold a Partner visa (subclass 820).
  • You must still be in a relationship with your spouse or de facto partner (you may still be eligible for the permanent visa if your relationship breaks down or if your sponsor dies after the Department of Home Affairs has granted the temporary visa but while they are still considering the permanent visa).

You can be in or outside Australia when the Department reach a decision on your permanent Partner visa.

What does this visa allow you to do?

Once you are granted a permanent Partner visa (subclass 801), you are able to:

  • Stay in Australia indefinitely.
  • Work in Australia.
  • Enrol in Medicare, Australia’s public health care scheme.
  • Sponsor eligible family members to come to Australia.
  • Travel to and from Australia for 5 years.
  • Attend free English language classes provided by the Adult Migrant English Program if eligible.
  • Apply for Australian citizenship if eligible.

You will become a permanent resident on the day the visa is granted, and begin your journey with your partner in Australia!

About the Author:

ACEcelent Education & Migration is a one-stop education and migration specialist serving you from Perth, Brisbane, Melbourne, Launceston, Malaysia, Myanmar, Singapore and Taiwan. We are dedicated to help you fulfil your education goals and migration dreams!

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