Australian Partner Visa & Australian Spouse Visa (Subclass 820 & 801)
Partner visa is an important visa that is the largest visa issued, in particular, in 2014-2015 migration program year, one in four(1/4) visas granted was a Partner visa. There is a Fiancé/ Fiancée visa which is different from a Partner visa.
- Offshore: subclass 309/ 100 visa
- Onshore: subclass 820/ 801 visa
Fiancé/ Fiancée visa
- Offshore only: subclass 300 visa
How to Prove Your Relationship
Under the Act, the relationship must be a mutual commitment to a shared life to the exclusion of all others and the relationship is genuine and continuing and the couple lives together or do not live separately and apart on a permanent basis. Also, under the Regulation, the following factors to be met:
- Joint financial aspects of the relationship;and
- Joint nature of the household arrangement;and
- The social aspects of the relationship;and
- The nature of the couple’s commitment to one another.
The Relationship must be of 12 Months or Registered
The relationship is registered in one of following jurisdictions?
- New South Wales,
- Tasmania, or
- Australian Capital Territory
Otherwise, the applilcant must prove that the relationship must be of at least 12 months old.
If the application is applied onshore, the applicant, in general, applies for the Partner (Residence) (Class BS) & Partner (Temporary) (Class UK) visas (subclass 820 Provisional and subclass 801 Permanent visa) concurrently.
Similarly, if the application is applied offshore, the applicant normally applies for the Partner (Migrant) (Class BC) & Partner (Provisional) (Class UF) visas (subclass 309 and subclass 100 visa) concurrently.
When a Relationship Ceases
When a relationship ceases, the department may cancel the Provisional visa. The Visa Holder will have to either apply for another visa that they are eligible for, or leave Australia. In certain circumstances, the law permits the Visa Holder to remain in Australia.
- the sponsoring partner has died;
- there is a child or children from the relationship, & the Family Court provides the Visa Holder shared access; or
- there is domestic violence perpetrated against the Visa Holder and/or dependent child.
Free Case Appraisal
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0403 118 515
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