ALL ABOUT VISA

Partner Visa with an Australian citizen

ALL ABOUT VISA

Partner Visa with an Australian Citizen

Valentina, Immigrant from Italy to Australia

HOW MUCH DOES IT COST?

The cost of the Partner Visa is somewhere around AUD 6,865. It varies depending on your circumstances and whether you have any dependents. You should consider extra AUD 3,435 for any additional application over 18 yo and/or AUD 1,720 for any applicant under 18 yo.

HOW LONG DOES TAKE TO THIS VISA TO BE GRANTED?

The average processing time for this visa is 12 to 15 months.

WHICH DOCUMENT I NEED TO LODGE WITH MY APPLICATION?

In relation to this Visa many are the information needed, such as your Identity, Health and Character documents, History of your relationship, etc. Make sure to always refer to the official Document Checklist before lodge any application.

WHICH IS THE DIFFERENCE BETWEEN PARTNER VISA AND PROSPECTIVE MARRIAGE VISA?

The Partner Visa (subclass 820 and 801) is a temporary visa that allows the spouse or de facto partner of an Australian citizen or eligible New Zealand citizen, to live in Australia.

The Prospective of Marriage Visa (subclass 300) is a temporary Visa for 9 months for whoever want to come to Australia to marry the prospective spouse and must be requested when outside Australia.

Fun, adventure, amazing beaches, picturesque scenery, romantic resorts. Australia is a great country to live in with your partner, as it offers a great lifestyle for couples and their families. If you or your partner are a citizen of Australia or New Zealand and looking to get a visa for your significant other, the Partner Visa (subclass 820 and 801) is the way to go. The Australian government always encourages an Australian permanent resident to apply for his or her partner’s visa, for both heterosexual and same-sex couples, so that they can live together.

 

The Partner Visa subclass 820 is a temporary visa you can apply for while you are residing in Australia. This is the first step in making your wish of living with your partner come true. I understand that you do not want to rely upon a temporary visa; you want a visa that is paermanet, just like your relationship. However, note that once you have the temporary visa of subclass 820, you can apply for the permanent visa subclass 801 after two years.

Usually, it is assumed that obtaining the partner visa involves extensive documentation and a long processing time. Yes, it is hectic, but only for those whose relationships are not genuine. Because your relationship is real and you are looking to create a life with your partner, the partner visa will be a piece of cake for you. Trust me. Still, you must do your homework, as it’s necessary to have all the information beforehand. All you need to do is accompany me for the next 10 minutes on this journey of getting a partner visa for you. Just keep answering all the questions.

Let’s get you on board!

Partner Visa - Couple goal

Partner Visa – Couple goal

Photograph by Caleb Eketoth via Unsplash

Before Applying

To save time and money, you can lodge one single application for both the temporary and permanent visas, which I highly recommend. Once the two years of your temporary visa are completed, your permanent visa processing time will start provided that you fulfil a few conditions, which we will discuss later.

Do You Meet the Conditions of the Partner Visa (subclass 820)?

The first step is to learn about the preconditions associated with the partner visa, either subclass 820 or 801. Don’t worry, you have landed on the right page; we are going to make it easy for you to understand.

Do You Have a Genuine Relationship With Your Partner?

The first point of concern is the nature of your relationship. Is your relationship real? To apply for Partner Visa 820 and 801, you must be in a genuine, long-lasting relationship (i.e., de facto relationship) with your partner. A genuine relationship in the eyes of the Australian government is one which has existed for almost a year – i.e., 12 months – before you apply for the visa. If you have a new relationship which you know will last, don’t panic, as you can still apply for this visa. Also, if the two of you have dependent child or if your relationship is registered in Australia, you can still apply for this visa (subclass 820/801).

If you and your partner are married, your marriage must be a valid one under Australian law and neither of you must be have been below 18 years of age at the time of the marriage, as such marriages are not validated by Australian law. If you are living in a country where English is not the first language, get the certified marriage certificate in English.

Same-sex marriage is not recognized but, as the Australian government believes in freedom of choice, in this case you must prove the authenticity of your relationship. I recommend that both of you – i.e., you and your partner – submit all documents and lodge the application together, as it will keep you both updated about the proceedings. In addition, if at any time you get an email or call from the Australian Immigration department asking for verification of any document or information, you will be able to respond correctly.

Is Your Partner an Australian Citizen?

The primary condition for you to apply for the Partner Visa (subclass 820 and/or 801) is that your partner meets the citizenship requirements, as he/she is the one who will sponsor your visa. The partner with whom you have a genuine and permanent relationship in the form of marriage or otherwise must be either an Australian citizen or a permanent resident. You can also apply for this visa if your partner is a citizen of New Zealand. For being a resident of New Zealand, your partner must have a visa of subclass 444 and also fulfil the character and health requirements. The citizenship requirements for Partner Visa (subclass 820/801) are pretty simple.

What Are the Sponsorship Requirements for Your Partner?

Your partner, who is going to sponsor this visa for you, must fulfil some requirements apart from the citizenship requirements I mentioned earlier. The conditions under which your partner’s sponsorship could not be accepted are as follows:

  • If you have a Woman At Risk Visa (subclass 204);
  • If you have been a sponsor for any other partner or spouse in the last five years;
  • If you have already sponsored two people on a partner visa in Australia;
  • If the visa is not in the best interest of a dependent child who is younger than 18 years old;
  • If your sponsor does not fulfil the character requirements;
  • If you have a Contributory Parent Visa.

To apply for sponsorship, you must fill out the sponsorship form online. You can download it from Form 40SP Sponsorship for a partner to migrate to Australia.

Are You Healthy Enough?

Yeah, I know you don’t like to think about such trivial details, but stay with me. You should be healthy enough to remain in Australia under Partner Visa (subclass 820/801). You should get yourself assessed medically before lodging the application. Update your health condition by creating a My Health Declarations Account on the Australian Immigration website. Apart from that, you may have to provide a health examination after lodging an application. Mark my words; it’s the easiest thing to do.

Do You Fulfil the Character Requirements?

Now, this is serious. You must meet all the character requirements to live in Australia. You will be asked to provide the police certificate of each country in which you lived for one year or longer, at age 16 or older, during the last decade. This condition also applies for any other dependent family member you have included in the application. While filling out the application, you will find a form called the Australian Values Statement, which you will be asked to sign. Read it before signing it; it is simply your assurance that you respect and will follow Australian laws and systems.

Are You a Debtor to the Australian government?

Let me guess; you are not. But if you are, you must pay all your outstanding debts to the Australian government before a visa can be granted to you.

Identity Verification

You will be asked to verify your identity through biometrics once you lodge the application.

Can You Include a Family Member?

You can add your dependent child in this visa application. If there is another dependent family member, he/she can also apply, but that member must lodge a separate application.

What Are the Monetary Requirements?

By now you must be asking yourself how much money you will need to lodge the application. It varies depending on your circumstances and whether you have any dependents. You can get an idea of the overall cost of your visa by visiting the website of the Australian Immigration department, which I mentioned earlier. The cost of the visa is somewhere around AUD 6,865.

How do I Extend a Temporary Visa to a Permanent Partner Visa (subclass 801)?

It goes without saying that a temporary visa is not a visa you want to rely on in the future. You want something concrete, something permanent so that you can live with your partner for the rest of your life. Temporary Visa 801 is just the beginning of your permanent visa to a happy and prosperous life in Australia. If you already have a Temporary Partner Visa (subclass 820) or if you are planning to get it, you can extend it to the Permanent Visa (subclass 801). The conditions for the extension of the visa are generally similar to the temporary visa conditions.

Like a temporary partner visa, this visa is an onshore visa, meaning you need to apply for it while you are in Australia. In an extraordinary situation, if your application for a permanent visa is cancelled and you do not have any bridging or protection visa, your visa process would be considered under Migration Act 1958, Section 48. However, this is a very unusual scenario; a genuine relationship is normally given an extension. In some cases, even if your relationship ends, a permanent visa is still granted. Still, let me be realistic; if your relationship end, the chances of your receiving a permanent visa lessen. If your partner dies (God forbid), if you have a dependent child, or if the relationship ended because of domestic violence, you can still get the permanent visa. Any other personal reason for a broken relationship will not assure you access to a permanent visa.

Three months before the completion of your temporary visa you will receive a letter from the Immigration Department asking you to provide additional documents. I advise you to set a reminder beforehand even if you have to do it before two years, as it will enable you be prepared mentally and to pre-arrange your documents before you lodge the application.

Partner Visa - Couple

Photograph by Anne Edgar via Unsplash

Partner Visa

Photograph by Anete Lusina via Unsplash

How to Apply

As you will be in Australia when you apply for this visa, you can either apply manually by visiting the visa office located in your city or an application online. Going for the online application will save you time and money. You can apply online by visiting the website of Australian Immigration. Make sure to provide all relevant documents upon first checking the official Document checklist.

At this stage, the visa processing time is quite long; the average time in 2016 was 12 to 15 months. However, you do not have to worry because when you apply for this visa, you might get a bridging visa that allows you to stay in the country while you are waiting for the visa approval.

What You Get From the Partner Visa?

Once you have the visa, which you will surely get if you follow our guidelines, you can enjoy living in Australia with the following perks:

  • An initial temporary stay for 2 years and then a permanent stay;
  • You can work in Australia;
  • You can study without government funding under temporary visa but once your visa gets the status of being permanent you can enjoy government funding, too;
  • You can obtain Medicare, i.e. a government-sponsored medical facility;
  • After getting a permanent visa, you can sponsor other relatives and also avail yourself of social security payments.

Enjoy Your Life with Your Partner

You have permanent residence in one of the most amazing countries in the world. Enjoy your life with your partner: visit the most romantic beaches; go to Harbor Bridge; experience the magnificence of the Opera House; go for a long drive to the Gold Coast. Live, travel, and enjoy your life with your partner as you have always dreamt. Australia is all yours now. Cheers!

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