AUSTRALIA MIGRATION & EDUCATION AGENTS

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Subclass 100, 309, 801 & 820

Partner Visa

An Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor his or her de facto partner or spouse for partner visa to live in Australia. 

Subclass 309

partner visa 309 (TEMPORARY)

The subclass 309 permits 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 (subclass 100). 

Eligibility

Overview

  • The applicant need be outside Australia when they apply and when the visa is granted.

Relationship requirements

  • The applicant must be in a genuine relationship with his or her spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen. 

Married applicants

  • The applicant and his or her spouse must both be committed to a shared life together to the exclusion of all others.
  • The relationship  must be genuine and continuing.
  • The applicant must live with his or her spouse or do not live apart on a permanent basis.
  • The marriage must be valid under Australian law.

De facto partners

To be a de facto partner, the applicant must be in a de facto relationship.The de facto relationship must have existed for at least 12 months immediately before apply for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship. The 12-month requirement will not apply if the applicant show  compelling and compassionate circumstances exist to grant the subclass 820 visa.

 

The de facto relationship will be valid if all these apply:

  • The applicant can not be married to his or her partner.
  • The applicant is committed to a shared life to the exclusion of all others
  • The relationship is genuine and continuing
  • The applicant live together with his or her partner or do not live separately and apart on a permanent basis.
  • they are not related by family.

Sponsor

  • The applicant must have a sponsor when the application is lodge and  on this visa.
  • The applicant can not change his or her sponsor. The person who sponsors them at the time of the application must be same person who sponsors them for 2 years after the DIBP grant them temporary 309 Partner visa.

Age

  • The applicant must be 18 or older to be married under Australian law. 

The health and character requirements

  •  All the applicants (including family members) must meet the health and character requirements.  

Debt to the Australian Government

  • The applicant (including family members) must not have any debt to the Australian Government.  

Visa cancelled or a previous application refused

  • While the applicant were in Australia and If their visa cancelled or visa application have been refused then they  might not be eligible for this visa.  

Best interests of the child

  • The applicant might not grant this visa if it is not in the best interests of an applicant under 18.   

Partner visa 309 Assessment

  • Please fill out the assessment form to find out more about the partner visa subclass 309. 

Subclass 100

partner visa 100 (PermaNENT)

The subclass 100 permits the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia permanently.  It is  granted to people who hold a temporary Partner visa (subclass 309). 

Eligibility

Overview

Substantive visa

The applicant  must hold:

  • a Partner (Provisional) visa (subclass 309), or
  • a Dependent Child (subclass 445) visa

Relationship requirements

The applicant must:

  • continue to be the spouse or de facto partner of the same person who sponsored him or her for the temporary visa. 
  • be married or in a de facto relationship
  • have a genuine and continuing relationship
  • live together, or not live permanently separately and apart
  • be mutually committed to a shared life excluding other partners


You might still be eligible for the permanent visa if your relationship breaks down or your partner dies before we grant the permanent visa.

Debt to the Australian Government

  • The applicants (including family members) must not have any debt to the Australian Government.

Best interests of the child

  • The applicant might not grant this visa if it is not in the best interests of an applicant under 18. 

Partner visa 100 Assessment

  • Please fill out the assessment form to find out more about the partner visa subclass 100. 

Subclass 820

Partner visa 820 (temporary)

 The subclass 820 permits 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 (subclass 801).  

Eligibility

Overview

  • The applicant must be in Australia when you apply for this visa and when we decide your temporary visa application. Family who apply with you must also be in Australia

Relationship requirements

  • The applicant must be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen 

Married applicants

  • The applicant and his or her spouse must both be committed to a shared life together to the exclusion of all others.
  • The relationship  must be genuine and continuing.
  • The applicant must live with his or her spouse or do not live apart on a permanent basis.
  • The marriage must be valid under Australian law.

De facto partner

 To be a de facto partner, the applicant must be in a de facto relationship.The de facto relationship must have existed for at least 12 months immediately before apply for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship. The 12-month requirement will not apply if the applicant show  compelling and compassionate circumstances exist to grant the subclass 820 visa. The de facto relationship will be valid if all these apply:

  • The applicant can not be married to his or her partner.
  • The applicant is committed to a shared life to the exclusion of all others
  • The relationship is genuine and continuing
  • The applicant live together with his or her partner or do not live separately and apart on a permanent basis.
  • they are not related by family.

Sponsor

  •  The applicant must have a sponsor when the application is lodge and  on this visa.
  • The applicant can not change his or her sponsor. The person who sponsors them at the time of the application must be same person who sponsors them for 2 years after the DIBP grant them temporary 820 Partner visa.

Age

  •  The applicant must be 18 or older to be married under Australian law.  

The health and character requirements

  • All the applicants (including family members) must meet the health and character requirements.   

Debt to the Australian Government

  • The applicant (including family members) must not have any debt to the Australian Government.   

Visa cancelled or a previous application refused

  • While the applicant were in Australia and If their visa cancelled or visa application have been refused then they  might not be eligible for this visa.  

Best interests of the child

  • The applicant might not grant this visa if it is not in the best interests of an applicant under 18.   

Partner visa 100 Assessment

  •  Please fill out the assessment form to find out more about the partner visa subclass 820.  

Subclass 801

Partner visa 801 (Permanent)

The subclass 100 permits the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia permanently.  It is  granted to people who hold a temporary Partner visa (subclass 820). 

Eligibility

Overview

Substantive visa

The applicant  must hold:

  • a Partner (Provisional) visa (subclass 309), or
  • a Dependent Child (subclass 445) visa

Relationship requirements

The applicant must:

  • continue to be the spouse or de facto partner of the same person who sponsored him or her for the temporary visa. 
  • be married or in a de facto relationship
  • have a genuine and continuing relationship
  • live together, or not live permanently separately and apart
  • be mutually committed to a shared life excluding other partners


You might still be eligible for the permanent visa if your relationship breaks down or your partner dies before we grant the permanent visa.

Debt to the Australian Government

  • The applicants (including family members) must not have any debt to the Australian Government.

Best interests of the child

  • The applicant might not grant this visa if it is not in the best interests of an applicant under 18. 

Partner visa 801 Assessment

  • Please fill out the assessment form to find out more about the partner visa 801 subclass . 

Partner visa Assessment

Assessment Form

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AUSTRALIA MIGRATION & EDUCATION AGENTS

42 Wiltshire Street, Sunshine North Victoria 3020, Australia

0481 500 118

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