PARTNER VISA 820 & PARTNER VISA 309
Partner Visas, specifically subclass 820 Visa for onshore applicants and 309 Visa for offshore applicants, are designed for the spouse or de facto partner of an Australian citizen, a permanent resident, or an eligible New Zealand citizen, enabling them to reside in Australia.
This two-stage visa, open to both heterosexual and same-sex couples, offers a viable route to permanent residency for those in a married or de facto relationship. The applicant’s spouse or de facto partner must act as their sponsor.
The process involves initially granting a Provisional 820 Visa or 309 Visa (based on the applicant’s location), followed by a reassessment after two years for the Permanent 801 or 100 Visa (dependent on their initial visa). Both visas are applied for simultaneously, but under certain conditions, you may qualify to apply under the Permanent subclass.
Eligibility Criteria for a 820 Visa or 309 Visa
To apply for a 820 Visa, you need to be in Australia at the time of application. If you’re outside Australia, you might be eligible to apply for the Partner Visa Subclass 309 Visa, which has similar prerequisites to the onshore visas mentioned above. EDT Migration can help you identify the most suitable visa for your situation.
Marital Relationship
If you’re in a marital relationship, you must meet the following criteria to be eligible for your visa:
Your marriage should be recognized as legal under Australian law. If you were married outside Australia, and your marriage is valid in that country, it will typically be recognized as legal under Australian law. Some examples of marriages not recognized in Australia are underage or polygamous marriages.
De-Facto Relationship
If you’re in a de facto relationship, you must prove that:
- Your de facto relationship has been in existence for at least 12 months prior to applying for the visa.
Whether you’re in a marital or de facto relationship, you must demonstrate a mutual commitment to a shared life as husband and wife (or as de facto partners), excluding all others:
- You and your partner should be cohabiting, or if not, any separation must be temporary;
- You must have a genuine and ongoing relationship with your partner; and
- You must meet certain health and character requirements.
After holding either your 820 or 309 visa, you can then apply for your permanent 801 or 100 visa. When applying for your permanent visa, you must remain in a spousal or de facto relationship, unless special circumstances have led to the end of your relationship.
How should I apply for the Partner Visa?
At EDT Migration, we simplify the visa application process unlike other migration law firms. Our team of experienced lawyers will guide you through each step, ensuring a swift processing of your application. Here’s our step-by-step procedure:
- Arrange a free consultation with our team of proficient lawyers. During this session, we will evaluate and recommend the Australian visa option that is most suitable for you.
- In this phase, we will collect and organize all necessary documentation, as well as conduct any additional checks required to submit a visa application.
- Following this, we will start to prepare your application and submit it promptly.
Meanwhile, if you are applying from within Australia, you will be granted a bridging visa until your current visa expires. This will allow you to work until a decision is made on your Partner visa application.
- Lastly, we will inform you of the result. If your application is successful, you will be granted the rights mentioned below.
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