Hà Nội Comprehensive Guide to the Types of Australian Partner Visas: Everything You Need to Know

MB+ - 1. Introduction: What Is an Australian Partner Visa?
An Australian partner visa is a type of visa that allows a foreign national to live in Australia with their Australian partner, either through marriage or a de facto relationship. The visa is a pathway for couples who wish to live together in Australia, offering them the opportunity to be together in the country, and eventually, for the foreign partner to become a permanent resident.

There are several types of Australian partner visas, each tailored to different relationship statuses and circumstances. This article will explore the various types of partner visas available in Australia, their eligibility criteria, the application process, and more.

2. The Two Main Categories of Australian Partner Visas
The Australian partner visa program is divided into two primary categories:

1. Temporary partner visa (subclass 820)
2. Permanent partner visa (subclass 801)

Both types of visas allow the applicant to live with their Australian partner, but they are processed differently, and each has its own requirements and conditions.

2.1 Temporary Partner Visa (subclass 820)
The subclass 820 visa is the temporary visa that allows the foreign partner to live in Australia while their permanent partner visa (subclass 801) is being processed. This visa is a stepping stone toward gaining permanent residency in Australia.

Eligibility requirements for the subclass 820 visa include:

• Being in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
• You must provide evidence of the relationship, including joint financial responsibilities, living arrangements, and emotional support.
• Meeting health and character requirements, including providing police checks and undergoing medical examinations.

The subclass 820 visa is granted for a period of two years, during which time the applicant will wait for their permanent partner visa to be processed.

2.2 Permanent Partner Visa (subclass 801)
The subclass 801 visa is the permanent visa granted to the applicant after they have held a temporary partner visa (subclass 820) for at least two years, provided the relationship is still ongoing and the applicant continues to meet the eligibility criteria.

Eligibility requirements for the subclass 801 visa include:

• Continuing to be in a committed relationship with your Australian partner.
• Continuing to meet health and character requirements.
• Submitting updated evidence of the relationship.

Once granted, the subclass 801 visa allows the foreign partner to live, work, and study permanently in Australia, and after fulfilling the residency requirements, they can apply for Australian citizenship.

3. De Facto Partner Visa
The de facto partner visa is an option for individuals who are in a long-term, committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen but are not married. This visa provides the same benefits as the marriage-based partner visa, but it is tailored to de facto relationships.

Eligibility criteria for the de facto partner visa include:

• You must demonstrate that you and your partner have been in a genuine de facto relationship for at least 12 months prior to applying for the visa.
• Evidence must be provided to show shared living arrangements, financial interdependence, and emotional commitment.
• Both partners must be at least 18 years old.

The subclass 820 and subclass 801 partner visas are also available for de facto couples, so the application process is the same as for married couples. The key difference is the documentation required to prove the de facto relationship.

4. Prospective Marriage Visa (subclass 300)
The Prospective Marriage Visa (subclass 300) is a temporary visa granted to individuals who are engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen. This visa allows the applicant to enter Australia and marry their partner within a 9-month period from the date of the visa grant.

Eligibility criteria for the subclass 300 visa include:

• You must be engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen.
• You and your partner must have met in person and have a genuine intention to marry within the required timeframe.
• You must be able to prove that your relationship is genuine and that you are both committed to building a life together.

This visa allows the applicant to live, work, and study in Australia while waiting to marry their partner. Once married, they can apply for the partner visa (subclass 820 and 801) to continue living together as a couple.

5. Temporary Partner Visa (subclass 309)
The temporary partner visa (subclass 309) is a visa for individuals who are married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. It is designed for applicants who are outside of Australia when applying for their partner visa.

Eligibility requirements for the subclass 309 visa include:

• The applicant must be in a genuine relationship with their Australian partner.
• Both partners must meet health and character requirements.
• Evidence of the relationship must be submitted, including joint financial and living arrangements.

The subclass 309 visa is a temporary visa that allows the applicant to live in Australia while waiting for the permanent partner visa (subclass 100) to be processed.

5.1 Permanent Partner Visa (subclass 100)
The subclass 100 visa is the permanent partner visa granted to applicants who previously held the subclass 309 visa. This visa allows the holder to live, work, and study in Australia permanently and provides a pathway to citizenship after meeting the residency requirements.

6. Eligibility Criteria for All Australian Partner Visas
Although each type of Australian partner visa has its own specific requirements, there are some common eligibility criteria that apply to all applicants:

• Genuine Relationship: All applicants must provide evidence of their genuine and ongoing relationship with their Australian partner. This may include joint bank accounts, rental agreements, or shared responsibilities.
• Health Requirements: Applicants must undergo a health examination as part of the application process to ensure they do not pose a risk to public health in Australia.
• Character Requirements: Applicants must provide police checks from all countries they have lived in for a certain period of time to demonstrate they have good character.
• Age Requirement: Both partners must be at least 18 years of age.
• Sponsorship: The Australian partner must be willing to sponsor the applicant, agreeing to provide financial and emotional support during the duration of the applicant’s stay in Australia.

7. The Application Process for Australian Partner Visas
The application process for Australian partner visas involves several steps:

1. Gathering Documents: Applicants must gather and submit all necessary documentation, such as proof of identity, relationship evidence, health and character documents, and financial records.
2. Submitting the Application: Applications can be submitted online through the ImmiAccount system or at an Australian visa office if applying from overseas.
3. Visa Processing: Once the application is submitted, the Department of Home Affairs will process the visa, which can take several months. During this time, applicants may be required to provide additional information or attend an interview.
4. Visa Grant: If the application is successful, the applicant will be granted a temporary partner visa (subclass 820 or 309), and once the relationship is still ongoing, they will be granted a permanent partner visa (subclass 801 or 100).

8. How to Increase Your Chances of Approval
To increase your chances of approval for an Australian partner visa, applicants should:

• Ensure All Documents Are Complete and Accurate: Providing complete and accurate documentation is crucial for the success of the application.
• Demonstrate a Strong and Genuine Relationship: The more evidence you provide to demonstrate the authenticity of your relationship, the better your chances of approval.
• Meet Health and Character Requirements: Make sure to meet the health and character requirements by undergoing the necessary medical examinations and providing police checks.
• Consult an Immigration Lawyer: If you are unsure about any aspect of the application, it may be helpful to consult with an experienced immigration lawyer or registered migration agent.

9. Conclusion
Choosing the right Australian partner visa is crucial for those who want to live with their partner in Australia. Whether you are married, in a de facto relationship, or engaged, there are various visa options that cater to different relationship types and circumstances. By understanding the eligibility requirements, gathering the right documentation, and following the application process, you can increase your chances of securing a partner visa for a life together in Australia.

Take the time to explore your options, gather the necessary evidence, and ensure you meet all the eligibility criteria to avoid unnecessary delays in the visa application process.