Marriage & Partner Visas
Marriage & Partner Visas
Love crosses geographic borders. Unfortunately, immigration paperwork may be needed to catch up with love.
There are two main types of visas for marriage and partnership.
- Marriage Visas
- Partner Visas
Marriage Visa – Subclass 300 (Temporary)
An Australian Prospective Marriage Visa enables fiancés of Australian citizens, permanent residents or eligible New Zealand citizens to enter Australia to marry their fiancé.
It is a temporary visa valid for 9 months. You will need to marry your fiancé within 9 months of the date the visa is granted, and apply for an Australian Spouse visa if you wish to permanently remain in Australia with your spouse.
There are few rules that you need to comply with. You need to:
- intend to marry and live as husband or wife with your prospective spouse;
- be sponsored by your prospective spouse;
- know your prospective spouse and have met in person;
- be the opposite sex to your prospective spouse (same-sex couples can apply for a Partner visa based on their de facto relationship);
- meet age, health and character requirements.
You also need to provide proof of your intention to marry your fiancé during the 9-month period of your visa.
If you are married or in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand Citizen, you may be eligible for a Partner Visa which gives you permanent residency in Australia.
Applicants for this visa must demonstrate a genuine and continuing relationship with their spouse or de facto partner. They must have a mutual commitment to a shared life to the exclusion of others.
Married – To be eligible to apply for a Spouse visa as a married partner, your marriage must be legal under Australian law.
De facto – To be eligible to apply for a Partner visa as a de facto partner, you must have been in the relationship for at least 12 months. The definition of a de facto partner extends to opposite and same sex-couples.
There are different visas and visa requirements depending on whether you are applying from inside Australia or outside of Australia.
In most cases, Partner Visa applications involve a 2 stage process. You are first granted temporary Partner Visa and then after approximately two years, if you are still eligible for the visa and still in your relationship, then the Permanent Partner Visa will be granted.
If you are inside Australia
Onshore Partner/Spouse visa – Subclasses 820 (Temporary) & 801 (Permanent)
To be eligible to apply for a Subclass 820 Partner Visa, you must be either married or in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen and be living with your partner in Australia. If you are living apart from your partner, any separation must be only temporary.
You are required to apply in Australia and be in Australia at the time that the visa is granted.
If you are outside Australia
Offshore Partner/Spouse visas – Subclasses 309 (Temporary) & 100 (Permanent)
To be eligible to apply for a Subclass 309 partner visa, you must be either married to, or in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen and be living with your partner offshore (outside of Australia). If you are living apart from your partner, any separation must be only temporary.
You are to be outside of Australia at the time of application, and at the time the visa is granted.
Bruce Kimball Migration Services can help you work out the best spouse or partner visa to match your needs and life situation.