If your partner holds Australian citizenship and you don’t, it is possible to apply to a stream of partner visa. The same is possible if your partner is a permanent resident in Australia or has eligibility for New Zealand citizenship. To become eligible, you need to either have a de facto relationship or have a married relationship with your partner who makes you eligible for this visa program.
The process of the partner visa subclass 820 or 309 involves two stages. However, you are free to apply for a permanent visa for the subclass 801 or 100 and a temporary (820 or 309) simultaneously.
Australia partner visa subclass 820/801 vs Australia partner visa subclass 309/100: what’s the difference?
If you stay in Australia, you can choose to apply for Partner Temporary Visa (Subclass 820) as well as Permanent Visa (Subclass 801).If you live outside Australia, you can choose to apply for Partner Temporary Visa (Subclass 309) as well as Permanent Visa (Subclass 100).
To prove your eligibility for one of these visas, you need to fulfil these criteria:
1. You have to be older than 18 years
When married applicants apply, they need to be older than 18 or at least 18. As per the Australian law, a couple can get married only after crossing the age of 18 years.
2. Your relationship has to be genuine
You should be able to prove that your relationship with your partner is serious and you are committed. It is important that you live with your partner or you don’t permanently live apart. The Immigration Department looks into a variety of factors related to your relationship, such as:
A relationship’s social aspects
3. You must be living together for at least 12 months in case of a de-facto relationship
If you have a de-facto relationship with your partner, the authorities would ensure that you have been living with your partner for the past 12 months at least. However, if your habitation state-recognized relationship registrations, then, this 12-month cohabitation need won’t be required if you have registered as a couple already. This condition is not applicable to married couples; however, they need to show that they live together at the time of application submission.
4. You need to fulfil health and character requirements
It is important to go through the necessary police checks and health assessments. In case of a medical problem, you can submit a health waiver including all requirements, showcasing that the treatment of a condition won’t cost too much to the community in Australia.
5. You need to have no debt left on you by the government of Australia
You and no one in your family should owe any money to the government of Australia at the time of application. This includes all family members, even the ones who are not applying for this visa. In case of a debt, you or your family members need to pay it back to get the visa approved.
Subclass 309 is for all offshore applicants. It provides the ability to come to Australia to stay together with your life partner.
Subclass 820 is for all onshore applicants. It provides you the ability to stay in Australia together with your relationship partner. This time period includes the duration of an application’s processing period.
The validity of the subclass 820 and subclass 309 visa is offered till the final decision regarding your application for the permanent visa. The subclass 309 and/or subclass 820 visa holders can submit for a permanent visa after 2 years of applying for their subclass 309 and/or subclass 820 visa.
Yes, you can add dependants when filling your partner visa application, only if the dependents meet all of the secondary applicant’s requirements. So, they have to be either dependent children of a primary applicant. Or, they should be a part of the primary applicant’s family.
You can stay and work in Australia during the period of assessment of your partner (permanent) visa application by the Immigration Department under the subclass 801.
You can choose to obtain an education in Australia.
You can travel in and out of Australia without any re-entry restriction.
You can receive free classes to learn English for a maximum of 510 hours. This facility is provided by the authorities of the Adult Migrant English Program.
You can choose to get enrolled in the scheme of public healthcare in Australia.
The processing can vary, depending on the time you choose to apply. Hence, the best way to know the processing time would be by visiting the official page of the Department of Home Affairs- https://www.homeaffairs.gov.au/trav/visa-1/300
The fees of your partner visa are non-refundable, even if your application gets refused. The same is applicable to the condition if you choose to withdraw your lodged application.
You can find the latest charges of visa application required by the government right here: http://www.border.gov.au/Trav/Visa/Fees
After submitting your application for a Subclass 309 or Subclass 820 visa, you will have to wait until an officer gets allocated to finalize your case.
As per the current processing time, the process of finalizing a visa in the Subclass 820 may take about 21 to 25 months. However, the finalization of your subclass 309 may take about 12 to 17 months.
After getting your Subclass 309 or Subclass 820 approved, you become eligible to come to Australia to live and obtain other perks associated with this visa, during the processing time of your permanent visa.As you reach the end of two years of submitting your provisional type partner visa, you can submit also submit your second stage partner visa application to move forward towards your permanent residency.