Partner | Spouse Visa

Partner or Spouse visa can be lodged in Australia or outside Australia. The permanent visa can only be granted after the temporary visa has been granted. Besides medical and character, Department of Home Affairs (DOHA) must be satisfied that:

• there is mutual commitment to a shared life together, to the exclusion of all others
• the relationship is genuine and continuing
• you live together, or do not live separately and apart on a permanent basis and
• your marriage is valid for the purposes of the Migration Act 1958, or your de facto partner is not related by family.

DOHA will consider all circumstances of the relationship, and in particular:

• the financial aspects of your relationship
• the nature of your household
• the social aspects of your relationship
• the nature of the commitment to each other.

The most important aspect of this visa is that the sponsor must meet the character requirement.

In Australia

Unlike other visas, in partner visa, you will lodge combined Partner visa (subclasses 820 and 801) at the same time. After the grant of subclass 820, you will be granted subclass 801 after 2 years of lodgement of combined visa. Subclass 801 is a PR visa.

Schedule 3 criteria of the Migration Regulations 1994 (Regulations)

When you lodge partner via in Australia, you must have valid visa. If you do not have valid visa, then you need “to” satisfy Schedule 3 criteria of the Regulations, unless the Minister is satisfied that there are compelling reasons for not applying those criteria. The threshold to satisfy compelling reasons are very high.

The possible compelling reasons listed below:

• Severe illness or incapacity which has prevented the applicant from regularising their immigration status
• Best interests of Australian family unit including an Australian minor child where separation will adversely affect the Australian child or children
• The Australian partner will suffer if the applicant is not granted the substantive visa
• Circumstances which are beyond the control of the applicant like serious illness or accident
• Applicant provides regular daily health care and household support for the sponsor, and/or other family members of the sponsor’s household

Outside Australia

You will lodge combined Partner visa (subclasses 309 and 100) at the same time. Subclass 100 is a PR visa.

Fiancée Visa

Fiancée visa is also known as Prospective Marriage visa (subclass 300). This visa lets you come to Australia to marry your prospective spouse and then apply for a Partner visa. You must marry within 9 months of arrival in Australia to be eligible to apply for a Partner visa.