What is a partner visa (Subclass 300,309/100 and 820/801)?
Partner visas can be lodged both inside of Australia (Subclass 820/801) or outside of Australia (Subclass 300 and Subclass 309/100), where there are two types of partner visas. Both the Subclass 820 and 309 visas are temporary visas, where you could obtain your permanent residency through the subclass 801 or 100.
To be eligible for a partner visa, you must be either married to or in a de facto relationship with;
- An Australian Citizen
- An Australian Permanent Resident or
- An Eligible New Zealand Citizen.
In some circumstances, your partner may not be able to arrive onshore to lodge a partner visa or you are unable to establish a married or de facto relationship with your partner outside of Australia. In these circumstances, you should consider lodging a prospective marriage visa (Subclass 300) which will allow your fiancé to arrive in Australia and get married, where you will then be required to lodge the Subclass 820/801 visa onshore before a prescribed time.
What are the benefits of a lodging your partner visa onshore?
The partner visa will of course allow you and your partner to continue your lives together, where there are some other benefits which you may be able to access.
- Live and work in Australia until a decision is made.
- Access to Medicare
- Include your dependent children
- Study in Australia
Do I need a professional to help me?
There are some circumstances which you need to consider before attempting to lodge such application yourself. We suggest out clients to consider the following factors;
- Timing and location
- What visa you currently hold and understanding how bridging visa truly works
- Defining your de facto relationship (Click here for more info)
- Does my Australia sponsor meet the approval requirements (Click here for more info)
- My partner has previously sponsored (Click here for more info)
- Do I meet the four pillars of a relationship (Social, household, financial and commitment)?
- Can I apply for the visa while on a bridging visa or after my last visa has been refused? (Click here for more info)
- Criminal convictions or health concerns.
- 3 year ban due to PIC 4020 (Click here for more info)
- You have previously lodge a partner visa onshore
- 8503 No Further Stay Conditions (Click here for more info)
Here, our firm will guide you through the following steps
- Defining key dates and location
- Develop the right strategy
- Guidance on how to obtain documents
- Review of all documents to ensure a smooth submission with the Department
- Obtain an 8503 waiver if required.
- Expert guidance on biometrics, health examinations and police clearances
- Guidance on bridging visas for those who apply onshore
- Lodgement of application on time before any deadlines
- Managing your file with the Department of Home Affairs post lodgement.
Cases
Our firm has a proven track record with our partner visa program as we are very meticulous in our preparation and submission. Over the years we have had many challenging cases where we have been successful with both the Department of Home Affairs and at the Administrative Appeals Tribunal. Some circumstances include:
- Drug possession
- Bogus Documents or False and misleading statement – Refusal under PIC 4020
- Domestic violence
- Illegally overstayed for more than 5 years
- Australian partners who have been incarcerated with criminal convictions
- Death of Sponsor
- Complicated De Facto arrangements
Feel free to contact our Senior Migration Agent today for a free initial consultation.
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Contact
- Level 3/12 St Georges Terrace Perth WA 6000
- [email protected]
- +61 8 9329 6890