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Partner Visas – Immigration Lawyers and Agents Parramatta Blacktown Sydney

Our migration team, based in Parramatta, Blacktown and Sydney, consists of lawyers nominated for Immigration Lawyer of the Year and the Human Rights Medal. We take pride in being able to assist couples to move to, or remain in Australia.

We understand that the immigration process can be complex and the stresses associated with having relationships scrutinised by the government. In light of the private and intimate nature of these applications, we provide accurate advice and carry as much of the burden as possible to reduce the impact on people whom are anxious for the process to move quickly so that they can move forward together both physically and emotionally.

Couples who we can help:

  • Couples where a spouse is unlawfully in Australia;
  • Applicants who have been in a relationship for a short period;
  • Cases involving allegations by the Immigration Department that the relationship is not genuine;
  • Couples in arranged marriages;
  • Where the Australian partner has previously sponsored an overseas partner one or more times before;
  • Relationships that include at spouses who have been previously been married or in a de facto relationship, or had children to previous partners;
  • Same-sex couples who have been unable to live together overseas for cultural reasons;
  • Cases involving young children;
  • Applicants with criminal records and/health problems;
  • Requesting fast processing by the Immigration Department for personal or family reasons
  • Relationship break down due to domestic violence or other exceptional reasons.

 

Partners of Australian citizens and permanent residents may be eligible for one of the following Partner Visas:

Partner to:   Prospective Spouse       Temporary  Permanent
 Australian citizen  Subclass 300
(offshore only)

Subclass 820
(onshore)
Subclass 309
(offshore)

Subclass 801
(onshore)
Subclass 100
(offshore)
Australian permanent
resident
 Subclass 300
(offshore only)
Subclass 820
(onshore)Subclass 309
(offshore)
Subclass 801
(onshore)Subclass 100
(offshore)

In relation to the above:

  • If you are in Australia spouse (temporary) subclass 820 leads to Spouse (permanent) subclass 801;
  • If you are outside Australia:
    • Spouse (temporary) subclass 309 leads to Spouse (permanent) subclass 100;
    • Prospective Spouse subclass 300 allows you to enter Australia and marry your fiancé / fiancée within 9 months and apply for a spouse visa in Australia

Spouse Migration

The application process for spouse or partner visas is usually in the following 2 stages:

  1. The visa applicant is initially granted temporary residency. After two years, the Immigration Department asks for evidence that the relationship is still ongoing.
  2. Permanent residency is then granted if the Immigration Department is satisfied that the visa applicant is still in a genuine relationship with an eligible sponsor.

In determining whether the visa applicant will be initially granted temporary residency, the following criteria is applied:

Eligibility  Summary of Key Requirements
Applicants must be in a relationship of one of the following types with their eligible sponsor:

  • Be married; OR
  • In de facto relationship; OR
  • In a relationship that is registered
  • Applicant and partner have a commitment to a shared life as a couple to the exclusion of all others;
  • Relationship is genuine and continuing;
  • Applicant and partner live together, or do not live separately on a permanent basis;
  • If not married, applicant and partner are in an opposite sex or same sex relationship and:
    • They have registered their relationship under one of the State or Territory Relationship Registers, prior to their application; or
    • They have lived together in a de facto spouse or same sex or “interdependent” relationship for at least 12 months immediately prior to making the application (unless exceptional circumstances apply)
Sponsorship Applicant must be sponsored by an eligible sponsor.
Health Applicant meets applicable health standards
Character Applicant meets applicable character standards

An eligible sponsor for a partner visa must be all of the following:

  • An Australian citizen or an Australian permanent resident who wishes to sponsor the visa applicant as a partner to Australia;
  • Generally, the sponsor is the partner of the applicant in a married, de-facto spouse or interdependent relationship;
  • Aged 18 years or over.

It is possible for some applicants to obtain permanent residency:

  • Directly without having to obtain a temporary visa for a period of 2 years. For examples in circumstances where a couple can prove they have been in a spouse or de facto spouse relationship for at least 3 years, or for at least 2 years and they have a child or children together.
  • In less than 2 years from the grant of the temporary visa. For example, where the relationship has broken down due to domestic violence, or the death of the Australian partner.

Prospective Marriage Migration

The application process for prospective marriage couples is in the following 3 stages:

  1. The overseas partner applies for a prospective marriage visa allowing them to enter Australia as the fiancé(e) of an eligible sponsor;
  2. Once the visa is granted, the overseas partner has 9 months to enter Australia, marry their eligible sponsor, and apply for the temporary spouse visa;
  3. Permanent residency is then granted if the Immigration Department is satisfied that the visa applicant is still in a genuine relationship with an eligible sponsor 2 years after the application for the temporary spouse visa is lodged.

 

In determining whether the visa applicant will be initially granted temporary residency, the following criteria is applied:

 Eligibility (subclass 300) Key criteria 
Intent to marry  Genuine intention to marry intended spouse (fiancé) and live as husband and wife
Sponsorship  Sponsorship by an eligible sponsor, who is usually the applicant’s intended spouse
Age  Both applicant and intended spouse must be over 18, or over 16 with a court order allowing the marriage
Gender  Applicant must be of the opposite sex to their intended spouse 
Relationship  Applicant must have met intended spouse in person and know him or her personally. 
Health Applicant meets applicable health standards
Character Applicant meets applicable character standards

Our service for partner visas includes:

  • Determining eligibility;
  • Preparing the application and lodgement;
  • Assisting with the preparation of statements and obtaining any evidence required by the Immigration Department in support of the application.
  • Providing assistance where relationships break down and in cases involving domestic violence or custody of children.

 

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