As globalisation increases the number of people applying to migrate to Australia for partnership reasons is also on the rise. Partnership visas are designed to allow married or de facto partners of Australian citizens, Australian permanent residents and eligible New Zealand citizens to live in Australia. Similarly, a prospective marriage visa allows for individuals who are engaged to be married to an Australian citizen, Australian permanent resident or eligible New Zealand citizen, to also seek residency in Australia. All applicants must have a ‘sponsor’ (usually the person whom the applicant has a partnership relationship with) who must meet numerous legal criteria and sign a sponsorship undertaking. Further, any dependent children/family members are able to combine their application alongside that of the person applying for a partner or prospective marriage visa.
Prospective Marriage Visa (subclass 300)
A prospective marriage visa (subclass 300) may only be applied for outside Australia, and will permit temporary residency in Australia if granted. Upon obtaining this visa the applicant may travel to Australia and marry their Australian partner. Following the marriage the applicant, whilst still in Australia, may apply for a subclass 820 visa to remain temporarily in Australia. Provided the applicant is still in the aforementioned relationship two years after applying for the subclass 820 visa, they can then apply for authorization to live permanently in Australia by applying for a permanent visa (subclass 801).
For applicants seeking a partner visa, the first step is to obtain a temporarily visa to live in Australia. A subclass 309 visa is appropriate for applicants applying from outside Australia, whilst a subclass 820 visa is designated for those applying within Australia. To make a valid application all applicants must either be legally married to their Australian partner, or have been in a de facto relationship for at least 12 months prior to the application. An application may be made for a permanent visa (subclass 100 or 801) once two years has passed, provided that the relationship is still intact and has been maintained during this period.
As is the case for all visa applicants, persons applying for any of the above mentioned visas must satisfy numerous additional criteria, including a health assessment and a character test.
For more information regarding Partnership Visas
Please contact our Business Development Team or call us on (07) 3252 0011 to book an appointment with one of our specialist Migration Lawyers today.
Please Note: This is not legal advice but it may help you understand the law. Read more...