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Bringing couples together with the Australian marriage visa

2020-03-17 17:51:25
Bringing couples together with the Australian marriage visa
Getting married to a foreigner is no walk in the park. You will have to fulfill your marital obligations as well as other obligations. One of which is your marriage visa which will enable your spouse to come and live with you in Australia. Learn more about the partner visa that brings couples together

The Partner Visa subclass 820/801 (for onshore applicants) and 100/309 (for offshore applicants) allows the spouse or de facto partner of an Australian citizen, a permanent resident or an eligible New Zealand citizen, to live in Australia.

 

As a part of the two-stage process, successful applicants are first granted a Provisional 820 or 309 visa (depending on their location)

 

Then, they are reassessed two years later for the Permanent 810 or 100 visa (depending on their initial visa). Both visas are applied for in the same application, however, in certain circumstances, you may be eligible to apply under the Permanent subclass.

 

· Partner visa (Temporary) (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 towards a permanent Partner visa.

 

· Partner visa (Permanent) (subclass 801)

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia permanently. It is usually only for people who currently hold a temporary Partner visa

 

· Partner (Provisional) visa (subclass 100)

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 towards a permanent Partner visa.

 

· Partner (Migrant) visa (subclass 309)

The visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, live in Australia permanently. It is usually granted to people who hold a temporary Partner visa

 


 

Differences between Australia Partner Visa

The 309 and 100 visa subclasses are similar to the 820 and 801 visa subclasses. The main difference is where you must be located in order to apply for the visas.

 

If you are in Australia, you are eligible to apply for a Partner Temporary Visa (Subclass 820) and Permanent Visa (subclass 801).

 

If you have obtained the 820 visa and are you eligible for the corresponding 801 permanent visa, you must be inside of Australia to apply for it. If you apply for the 801 visa directly, you must be inside of Australia when you apply for it.

 

If you are outside Australia: Partner Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100).

 

If you have obtained a 309 visa and are eligible for the corresponding 100 permanent visa, you can be inside or outside of Australia in order to be granted the 100 visa. However, if you apply for the 100 visa directly, you must be outside of Australia in order to apply for and be granted the visa.

 

Criteria

In order to be eligible for any partner visa, you must meet the following criteria:

 

· Be over 18 years of age

Married applicants must usually be 18 or older when they apply. This is because usually, you must be 18 or older to be married under Australian law.

 

· Have your spouse or de facto partner sponsor you

Your spouse or de facto partner must sponsor you by providing accommodation, financial assistance (including English language courses if necessary) and other types of support

 

· Genuine Relationship 

You will need to show that your relationship with your spouse is genuine. You can show that you and your partner have a commitment to a shared life together, to the exclusion of all others. You and your partner must also show that you live together, or at least not live apart on a permanent basis.

 

The Department of Immigration will look at a number of aspects of your relationship, including:

 

· Cohabitation

· Financial Interdependence

· Social aspects of the relationship

· Level of Commitment

 

Marital Relationship

If you are in a marital relationship, your marriage must be considered legal under Australian law. If you were married outside of Australia, and your marriage is valid in that country, it will usually be considered legal under Australian law

 

De-Facto Relationship

If you are in a de facto relationship you must demonstrate that your relationship has existed for at least 12 months before applying for the visa.

 

· Meet the Health & Character requirements

You will need to provide full health and police checks. If you do have a medical condition, a waiver of the usual health requirements is possible where the cost to the Australian community of treating the condition is not excessive.

 

· Pay your debts to the Australian Government

If you or any family members (including those who don’t apply for the visa with you) owe the Australian government money, you or they must have paid it back or arranged to pay it back.

 

Application

You will have to lodge your application online and complete the following steps

 

1. Complete your application in ImmiAccount. If you do not have an ImmiAccount login, you will be asked to create a new account.

2. Pay the visa application charge. The Immigration Department won't process your application until you have paid the charge.

3. Submit your application and note the transaction reference number (TRN). Your sponsor will need the TRN to apply for sponsorship.

4. Attach supporting documents to your completed application.

 

Processing time

Once received, the Department of Immigration will then commence processing your application. The average global processing time for 820 and 801 visas are 75% of applications in 18 and 19 months respectively. For 309 and 100 visas, 75% of applications in 13 and 22 months respectively.

 

The processing times may vary as assessment of eligibility occurs on a case-by-case basis and will vary on the applicant’s circumstances.

 

Costs

AUD7,715 for the main applicant. This fee covers both:

 

· this temporary visa

· the permanent Partner visa

 

There is also a fee for each family member who applies for the visa with you, unless they hold a Dependent Child visa (subclass 445).

 

You will also have to take into account other costs you might also have to pay such as those for police certificates, health checks or biometrics.

 

Family

It is possible to include dependents on a partner visa application, subject to the dependents meeting secondary applicant’s requirements, i.e. to be a dependent child of the primary applicant or a member of the family unit of the primary applicant.

 

Permanent residency

Once you have held either your 820 or 309 visa, you will then be able to apply for your permanent 801 or 100 visa which grants you status or permanent residency.

 

When applying for your permanent visa, you must continue to be in a spousal or de facto relationship, unless you are subjected to special circumstances which resulted in your relationship ending. In addition to this, you must have complied with all Australian laws while you were on your temporary visa.

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