Edith at LWS Migration Advisory has represented a significant number of couples with their Australian Partner Visa Applications.

These include people from all around the world such as the UK, Europe and the whole of Asia.

If you are in a relationship with an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, you might qualify for an Australian Partner visa.The Australian Partner visa category is divided into various subclasses. Their classification is dependent on whether the visa is temporary or permanent as well as where the application is made.

Partner Visa (Onshore) – Subclass 820/801 &
Partner Visa (Offshore) – Subclass 309/100

Partner visa come into two stages. The first stage is a temporary visa (Subclass 820 for onshore applicants and Subclass 309 for offshore applicants). After a qualifying period (usually after 24 months) being on the temporary visa, applicants will be assessed against the criteria for the permanent partner visa (Subclass 801 for onshore applicants and Subclass 100 for offshore applicants).

Who can apply for an Australian Partner visa and what are the requirements?

You must:

  • Be married (same/opposite sex) or in a de facto relationship
    (same/opposite sex) with an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen
  • Be in a genuine and ongoing relationship
  • Have a mutual commitment to a shared life together to the exclusion of all other

For married relationship:

  • Your marriage must be valid under Australian law
  • Your relationship is exclusive and you have a mutual commitment to each other
  • Live together on an ongoing basis, any separation between you and your partner can only be temporarily

For de facto relationship:

  • Your de facto relationship must have existed for at least 12 months immediately before visa lodgement
  • Must be older than 18 years of age and not be related to your partner by family
  • The one year relationship requirement may not apply if the applicant can establish that one of the following circumstances exists:
  1. You can demonstrate compelling and compassionate circumstances, such as having dependent children
  2. Your partner has been granted a permanent humanitarian visa and your de facto relationship existed before it was issued, and you told us about the relationship before the humanitarian visa was granted
  3. Your de facto relationship has been registered in Australia (this is not available in all states and territories)

Prospective Marriage Visa – Subclass 300

The Prospective Marriage/Fiancé Visa (Subclass 300) is for people who want to come to Australia to marry their prospective spouse.

Who can apply for a Subclass 300 Prospective Marriage Visa?

You must:

  • Intend to marry and live as husband or wife with your prospective spouse
  • Be sponsored by your prospective spouse who is an Australian Citizen, an Australian permanent resident or an eligible New Zealand citizen
  • Know you prospective spouse and have met in person
  • Meet age, health and character requirements

How long is this visa valid for?

The visa is valid for nine months and you must marry your prospective spouse within the visa validity period.

What is Notice of Intended Marriage Form and do I need it for the application?

A Notice of Intended Marriage must be completed and lodged with the marriage celebrant at least one calendar month before a marriage ceremony can be solemnised. This is an important document that must be included in your application as a proof that you plan to marry your prospective spouse.