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Home / How to Apply for Partner Visa?

How to Apply for Partner Visa?

  • Immigration law
  • John
  • 13 May 23
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same sex partner visa

How to apply for partner visa in Australia? What is a partner visa? In this blog we aim to answer the question ‘how to apply for partner visa?’ The partner visa Australia is a type of visa that allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live and work in Australia with their partner.

The visa is for people who are married or in a de facto relationship with an Australian citizen or permanent resident. Broadly, there are four types of partner visas in Australia:

  1. Temporary Partner Visa (subclass 820): This temporary visa allows the applicant to stay in Australia while the Department processes their permanent Partner visa (subclass 801).
  2. Permanent Partner Visa (subclass 801): The Department grants this permanent visa once the applicant meets all the requirements and can obtain permanent residency in Australia.
  3. Temporary Partner Visa (subclass 309): The Temporary Partner Visa (subclass 309) allows the applicant to stay in Australia temporarily while the Department processes their permanent Partner visa (subclass 100) application.
  4. Permanent Partner Visa (subclass 100) The Department grants the Permanent Partner Visa (subclass 100) once the applicant meets all the requirements and can obtain permanent residency in Australia.

Even the prospective marriage visa is a type of partner visa. It allows a party to travel to Australia to marry their partner.

To be eligible for a partner visa, the applicant must be in a genuine and continuing relationship with their partner. They must also meet other requirements set by the Australian Government. The application process can be lengthy and complex. We recommend you to seek the advice of a migration agent or lawyer to assist with the process.

How to Apply for Partner Visa?

If you’re planning to apply for partner visa in Australia, there are several steps you need to follow. Here is a general guide to help you start with the process:

  1. Check your eligibility: Before applying for a partner visa, you need to check your eligibility. You must be in a genuine and continuing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
  2. Gather necessary documents: You will need to provide several documents. This includes a passport, birth certificate, evidence of your relationship, police clearance certificates, and health examination results.
  3. Lodge an expression of interest: You can lodge an EOI through the Department of Home Affairs SkillSelect system. This is the first step in applying for a partner visa.
  4. Submit an application: Once you receive an invitation to apply, you can submit your partner visa application. You must complete the application accurately and attach all necessary documents.
  5. Attend an interview: You and your partner may need to attend an interview to provide further information. This could be related to your relationship and eligibility for the partner visa.
  6. Wait for the outcome: The processing time for a partner visa can take several months. You can check the progress of your application through the Department of Home Affairs’ online portal.

It’s important to note that the process for applying for a partner visa can be complex. It is recommended that you seek the advice of a migration lawyer to assist you with your application.

Things to Consider to Apply for Partner Visa

If you are considering applying for a partner visa in Australia, there are several things you should consider. This ensures a smooth and successful application process:

  1. Eligibility Requirements: Make sure you meet the eligibility requirements. For instance, being in a genuine and continuing relationship with your partner, and providing evidence of your relationship.
  2. Choose the Right Visa Type: Choose the appropriate visa type. This includes whether it’s a temporary or permanent partner visa, based on your relationship status and future plans.
  3. Documentation: Gather all the necessary documentation, including identity and relationship documents, police clearance certificates, health and character certificates, and evidence of financial support.
  4. Professional Advice: Seek professional advice from a registered migration agent or lawyer to assist with your application, ensure you meet all requirements, and to avoid any errors that may lead to visa rejection.
  5. Timing: Plan ahead and apply well in advance, as partner visa applications can take up to 18 months or longer to process.
  6. Health and Character Requirements: Meet the health and character requirements as specified by the Department of Home Affairs, including health examinations and police checks.
  7. Financial Support: Demonstrate evidence of adequate financial support to meet the visa requirements and to ensure that you can support yourself and your partner while in Australia.
  8. Language Requirements: Meet the English language proficiency requirements if applicable.

By considering these factors, you can increase the chances of a successful partner visa application and make the process as stress-free as possible.

apply for partner visa

Seek Advice from Migration Law Solicitors

If you want to apply for partner visa, it is necessary to speak to Australian immigration lawyers who have the experience of dealing with such visas.

Our law firm, JB Solicitors, has expert lawyers who specialise in immigration law. We provide expert advice and representation to clients seeking assistance with their immigration matters.

With extensive experience and knowledge in the field, the firm’s immigration lawyers offer a range of services, including visa applications, appeals, and compliance issues.

JB Solicitors is committed to providing solutions tailored to meet each client’s unique needs and ensuring protection of their legal rights throughout the immigration process.

Contact us today for more information on provisional partner visa or other visas.

澳洲离婚步骤

About the author

John Bui

John has over a decade of experience in family law and commercial litigation which often sees John being called to provide expertise in matters that have an international element involving complex company, trust, partnership and valuation issues. He also advises and appears in matters involving the Hague Convention both at first instance and on appeal.

About the author

William Wang

William is a seasoned litigation lawyer with over 15 years of experience. With his extensive knowledge in litigation across various platforms, including appellant, family litigation, commercial litigation, and judicial review at the migration tribunals and federal courts, William has become a trusted expert in his field.

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