Eligibility And Evidence Requirements For A Partner Visa

Eligibility And Evidence Requirements For A Partner Visa

For anyone who has a partner or spouse living in Australia and wishes to join them here, it will be necessary to obtain a partner visa. It should be noted that there is not just one type of partner visa there are several if you include the subclasses of partner visas. The visa which applies to any individual depends upon the specific circumstances of the applicant, and the basis upon which they wish to live and/or work in Australia.

It is critically important that anyone applying for a partner visa has all the correct facts including knowing which type of partner visa they need. Applying for the wrong visa may not only delay an application but in the worst-case scenario, could see it be rejected. For these reasons every applicant should seek the help and advice of immigration experts before they begin their partner visa application.

Partner Visa Types

Here are summaries of partner visas including their subclasses, we recommend contacting an expert such as www.successmigration.com.au for more information.

Partner Visa Subclass 309 and Subclass 100

The 309 subclass is a provisional visa allowing an applicant to live in Australia temporarily until their permanent partner visa is granted. The 100 subclass is the permanent partner visa which follows the 309 subclass. These subclasses can only be applied for if the candidate is currently located outside Australia. Process times for 309 subclass is between 13 and 18 months, whereas for the 100 subclass the time is between 19 and 39 months.

Partner Visa Subclass 820 and Subclass 801

Th 820 subclass is a temporary partner visa that needs to be applied for before obtaining permanent visa subclass 801. Contrary to the previous partner visa subclasses, the 820 and 801 subclasses can only be applied for if the applicant is currently located in Australia. Both subclasses must be applied for at the same time. Expected process times are between 21 and 25 months.

Prospective Marriage Visa Subclass 300

As the name suggests, this partner visa is used to allow an individual to come to Australia to marry their spouse-to-be and is normally valid for up to 9 months. Processing time for this visa subclass is between 14 and 18 months.

Eligibility Requirements

As with any country’s immigration policy, applicants for a visa to live and work in Australia must meet several eligibility requirements and subsequently provide evidence to substantiate that they meet them. Here are the main eligibility requirements for applicants for a partner visa.

  • Applicant must be the spouse or partner of Australian citizens, permanent residents, or eligible New Zealand citizens.
  • They must be in a genuine relationship
  • Both must be committed to spending their lives together
  • Both must be in an exclusive relationship
  • Be living together, or if living separately, this is only temporarily
  • Both be 18 years old or older, if 16 or 17 years old, have the consent of their parents
  • Be healthy and of good character
  • Have zero debts owed to the Federal Government

Acceptable Evidence

The following will be accepted as evidence to prove the eligibility requirements.

  • Applicant’s Identity: Passport, birth certificate
  • Partner’s Identity: Australian passport, New Zealand passport or permanent residency visa
  • Commitment: Marriage/Civil partnership certificate, children’s birth certificates, divorce/separation papers for previous marriage/de facto relationship
  • Living Together: Joint mortgage/tenancy papers, joint utilities documentation NB: For de facto relationships evidence must be for at least 12 months
  • Financial: Joint bank accounts, joint purchases, joint ownership of assets
  • Other ‘Relationship’ Evidence: Joint travel tickets, joint invitations, photographic evidence of being together, declarations from family/friends
  • Good Health/Character: Police checks from relevant countries lived in for the past year, consent to medical examination