When it comes to applying for a partner’s visa for Australia, there are two chapters to be considered — application to be made FROM OUTSIDE Australia (subclass 309 & 100) and the application made IN Australia (subclass 820 & 801). Let us discuss the checklist to be taken into account in these two cases, one by one.
Application for Partner Visa Made from Outside Australia (subclass 309 and 100)
The subclass 309 Temporary Visa gives you the eligibility of staying in Australia, provided you are legally married to an Australian citizen, or if you are the de facto partner of a legal Australian/New Zealand citizen or resident. Couples from same-sex are also eligible to get Partner Visa in Australia.
The application for the visa under this clause has to be made from outside Australia and the applicant has to be out of Australia when the visa is granted. It is termed as the FIRST STAGE towards obtaining a Partner Visa in Sydney (Subclass 100), for instance. Once you visit us at EroVisa our migration agents will help out with the necessary guidance for that. You can apply only once for the visa and your application will be processed in two stages — more or less two years apart from each other.
The conditions….
- Your partner in Australia MUST sponsor you. However, if your partner had in the past sponsored another person earlier, he/she will not be able to sponsor you.
- If your partner has been sponsored by someone else within the last 5 years, or if your partner has sponsored 2 individuals previously, then he/she will NOT be able to sponsor you.
However, there are certain exceptions to this rule:
The Provisional Category Partner Visa (subclass 309) allows you to:
- Stay in Australia till a decision has been arrived at, in regards to your Permanent Partner Visa
- Stay and continue working in Australia
- Stay and carry out education in Australia (however, you will not be eligible to enjoy any government funding)
- Enjoy Medicare, Australian National Scheme for health-related care as well as expenditures
After obtaining the Permanent category Partner Visa (subclass 100), you are eligible:
- For staying in Australia for an indefinite period
- For working and studying in Australia
- For an application for Australian citizenship (subject to eligibility)
- To sponsor your relatives eligible for legitimate and permanent residence
- To Receive Social Security Payments
- To travel in and out of Australia for up to 5 years, from the day of the grant of the visa. After 5 years you will have to make an application for yet another visa for entry in Australia.
You are eligible to include the following persons in your application for the Partner Visa
- Your dependent children
- And/or other relative(s) who is/are dependent on you
Application for Partner Visa Made from within Australia (subclass 820 and 801)
- This particular Subclass 820 temporary Partner Visa will permit an individual to stay in Australia if the person is legally married or is the de facto partner of any legal citizen of Australia or a permanent resident of either Australia or New Zealand.
- This partner visa is granted for couples from same-sex as well.
- The application for this visa has to be made in Australia and the applicant must be within the Geographical territory of Australia at the time when the visa is granted.
This visa is considered as the first stage of obtaining a subclass 801 Permanent Partner Visa in Australia.
For further details, you can consult with our migration agents at EroVisa, who will be able to guide you to obtain a Partner Visa in Brisbane, for instance. For further details, call us on 0403 658 542 during our business hours from 10 am to 6 pm.
