ONSHORE PARTNER VISA

The first stage is the  Provisional Partner Visa (Subclass 820),  which is the Temporary Partner Visa.

The second stage of the Partner Visa process is the Permanent Partner Visa (Subclass 801).

You can apply for the second stage, the Permanent Partner Visa, two years after applying for the Provisional Partner Visa.

The Onshore Temporary Partner Visa application must be lodged when the applicant is in Australia.

Eligibility

Relationship –  Married or in a de facto relationship

You must be legally married to or in a de facto relationship with an Australian citizen, Permanent Resident, or eligible New Zealand citizen.

If you are not married, you must have been in a de facto relationship for at least 12 months prior to lodging your application, unless you have registered your relationship.

If you can prove there are compassionate circumstances affecting your relationship, the Dept may waive the 12-month relationship requirement (child born in the relationship or religious marriage)

No matter whether you are in a married or de facto relationship, you must demonstrate:

• Your relationship is genuine and enduring
• Your relationship is  mutually exclusive
• Either you live together, or you do not live apart on a permanent basis.

The first stage is Subclass 309, the offshore Provisional Partner Visa. You are entitled to apply for the Subclass 100 Permanent Partner Visa two years from the date of application for the Subclass 309 Visa.

Eligibility

You must apply for this visa when you are outside of Australia.

You must be married or in a de facto relationship with an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.

If you are in a de facto relationship, you must be able to provide evidence of being in this relationship for at least 12 months, or your relationship is registered in a relevant state or territory of Australia.

 You must also demonstrate that:

you have met each other in person and your relationship is genuine

your relationship is exclusively between yourself and your partner

if you do not live together (and it’s hard to do so if one of you is outside of Australia), you do not live apart on a permanent basis.

Sponsorship requirements

Your sponsor must be:

• As stated above, an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.
• Your sponsor must not have previously sponsored more than one partner, or have sponsored a partner within the last five years.
• Your sponsor must not have been convicted of certain “relevant offences” or have a significant criminal record. “Relevant offences” include violence offenses, offences against women or children and sexual offences.