Navigating the Australian partner visa process can seem daunting but breaking it down into clear steps can make the journey smoother. Here’s a straightforward guide to help you understand the path from application to permanent residency.
Step 1: Apply for the Temporary (and Permanent!) Partner Visa
The first step in securing an Australian partner visa is applying for the Temporary Partner Visa. However, the twist is that you are actually lodging both the temporary and permanent applications at the same time. This will explain the long application form and the high application fee.
There are 2 types of Temporary Partner Visas: Subclass 309 is for those applying from offshore, while Subclass 820 is for those applying onshore. If a Partner visa application is lodged whilst onshore, the applicant will receive a bridging visa and can stay in Australia for as long as it takes for the Department of Home Affairs to make a decision on the application. You should also be granted unlimited work rights while you hold the bridging visa.
To qualify, you need to be in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. You must be either married or in a de facto relationship for at least 12 months, and you’ll need to provide proof of your relationship’s authenticity, such as joint bank accounts, shared assets, and photos together. Check out our article here for more detail on what evidence is required.
Step 2: Sponsor’s Application
Your Australian partner needs to lodge a sponsor’s application, which is submitted soon after your temporary visa application is lodged.
Your sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen and should not have a criminal record of family violence.
Step 3: Apply for Permanent Residency
Two years after lodging your Temporary Partner Visa, you can apply for the next stage – Permanent Partner Visa: Subclass 100 if you originally lodged an offshore partner visa application, or Subclass 801 if you hold a subclass 820 visa.
To be eligible for the Permanent Partner Visa, you need to prove your relationship is continuing and genuine. This might include providing updated evidence of your shared life, such as additional joint finances or continued social activities.
Once approved, you’ll receive your Permanent Partner Visa and can enjoy the benefits of permanent residency, including the right to live, work, and study in Australia indefinitely.
Let’s Connect!
If you wish to know more about the Australian Partner Visa and get expert help with your application, please contact us at KU Legal.
+61 (0) 429 133 911
jb@kulegal.com.au
Disclaimer: Changes to the Australian immigration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of publication.
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