Partner Visa

This visa enables applicants who are either married, in a de facto relationship with an Australian or Permanent Resident, or eligible New Zealand citizen to immigrate to Australia. This visa is available to both same sex and opposite sex couples.

About This Visa

This visa enables applicants who are either married, in a de facto relationship with an Australian or Permanent Resident, or eligible New Zealand citizen to immigrate to Australia. This visa is available to both same sex and opposite sex couples.

Temporary and Permanent Visa Application

This application is a combined application for both a temporary and permanent visa.  Successful applicants will be granted the temporary visa (subclass 820 in Australia, subclass 309 out of Australia). 2 years from the date of visa application applicants will be eligible for a permanent visa (subclass 820 or subclass 100), if their relationship is still ongoing and your partner continues to sponsor you. Once granted, this visa will allow you to stay in Australia with full work rights as well as access to Medicare. Applicants may also travel freely in an out of Australia.

Gaining Permanent Residence

After the 2 years, the Department of Immigration will decide whether to grant a Permanent Partner Visa. At this stage, applicants will be asked for current evidence of their relationship.

It is possible to move directly to a permanent visa without waiting 2 years where the applicant is in a ‘long standing’ partner relationship. Meaning the applicant:

  • Has been in a relationship with their partner for three years or more at the time of application; or
  • Has been in a relationship for two years where there are dependent children or the relationship; or
  • Where the partner has been granted a permanent visa under the humanitarian program or has been granted a protection visa and was in the relationship with the applicant before the visa was granted and the relationship was declared to the DIMP at the time of application.

Relationship Breakdowns

If the relationship breaks down before permanent residency is granted, the applicant may be eligible for permanent residency may be granted where:

  • The partner has died since the visa application was lodge; or
  • The applicant and their Australian partner have children under the age of 18 and the applicant has access rights; or
  • The applicant or their dependents have been subject to family violence during this period.

Who can apply?

To apply, applicants must establish that they are in a genuine married or de facto relationship and that the applicant and their partner have a genuine commitment to a shared life together to the exclusion of all others. The applicant must either live together or not live apart full-time.

An applicant who is in a de facto relationship must live with their partner for 12 months or have registered their relationship in the State in which they live.

The Department of Immigration will assess the relationship on the following aspects, including:

  • Cohabitation Evidence: and
  • Financial Interdependence; and
  • Social Evidence; and
  • The nature of the commitment.

Before a decision to grant the visa is made the applicant must provide full health and police checks. If the applicant has a medical condition they should acquire a waiver of the usual health requirements but submissions will need to be made.

How can CTG Lawyers help you?
Partner Visa applications are tested rigorously by the DIBP and are regularly refused due to lack of evidence, inconsistent information or just being poorly prepared. You know your relationship is genuine but the job at hand is to establish this to the DIBP case officer.

CTG Lawyers has the expertise to handle the most complex cases and achieve the best outcomes in circumstances where the applicant would have failed had they applied without our support.

What to do next

To get the right advice, contact us for a consultation with one of our specialist advisors.

Tel: 612-97505538
Email: nasir_12@outlook.com

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