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What is the right visa partner in Australia for an international couple?

One way to establish a strong relationship with your partner is by trying to make plans together to study and work abroad. When visiting Australia, many people get the love of their life or their better half and the only way to continue living and enjoying this beautiful adventure is by opting for a partner visa.  

This is the case of foreigners who need to migrate to Australia and it is not for less since it is a wonderful country that provides an excellent quality of life and also offers multiple advantages for you, your partner and family group.

Or if on the contrary, you wish to travel with your partner and visit Australia, to stay in the beautiful territory to study or work, you can apply for a tourist visa, Work and Holidays or student visa. All of these will allow you to enjoy this paradise together.

Partner visa in Australia: International Couples – Visa Migration Services

Partner visa in Australia: International Couples - Visa Migration Services
Cheering young couple take a selfie portrait on the road standing next to a kangaroo warning sign, Australia.

We want to mention that nowadays there are several migration agencies, however, ours, Visado Migration Services, is in charge of helping you with all the doubts and questions about the process of a partner visa Australia, the only thing you need is to prove that you and your partner have been together for more than a year, in this way in this agency they will tell you the steps to follow, guiding and advising you with all the information you need to apply for such application.

In this sense, in order to be eligible for a partner visa Australia your spouse or partner must be a permanent Australian citizen, or otherwise a New Zealand citizen, only in this way you can apply for this immigration option.

What is the right visa partner in Australia for an international couple?

In case you have a partner of Australian nationality and you have another nationality. The partner visa Australia helps to make the relationship official, depending on whether you are applying inside or outside the country.

Options for traveling with your partner to Australia

Using vacation time from work

This is the most common way to travel to Australia with your partner, this way you have the option to get to know this country without making so many sacrifices. In case you choose this form of travel, you and your partner must begin to process your tourist visa.

Student visa

It is the option most used by those who wish to study and even live in Australia for a period of time. In case you decide to go with your partner, she can also apply for this type of visa as well as you. To be eligible for a student visa both of you must subscribe to an official training course in Australia; if approved you will even be able to work legally for 40 hours every 15 days.

Work and Holiday visa

Like the previous option, with this visa both you and your partner will be able to travel to Australia in order to work and vacation. This type of visa is widely used by travel bloggers, but with the difference that it offers more interesting conditions in general terms, than the student visa.

Partner visa in Australia for couples of Australian citizens

Partner visa in Australia for couples of Australian citizens
Shot of a cheerful young couple seated in the boot of a car together while holding a blanket outside next to a road

For the purposes of an application for a partner visa Australia, people with Australian nationality partners or permanent residents can be sponsored (including same-sex couples). These visas can be applied for by married people who are in a de facto relationship where they have lived together for at least one year.  

Types of partner visa Australia

Engagement of Marriage Visa

This visa allows an engaged couple, a permanent resident, or an Australian citizen to marry in Australia. It is valid for 9 months and has full rights to work. They can then apply for a provisional visa when they are married and then apply for a permanent visa for couples. At the time of visa application and decision, the applicant must be outside Australia.

While the Engagement to Marriage visa is in full process, after being applied for, the only way for the applicant to travel to Australia is through a tourist visa or any other type of visa to be able to visit their partner.

Provisional Visa for Couples and Permanent Visa for Couples

This visa allows Australian citizens and permanent residents who are in a de facto relationship or married to foreign nationals to sponsor their partner (including same-sex partners) to migrate to Australia.

The applicant who obtains this visa may have full right to work and free access to public health services. Generally this visa is granted for two years and if the marriage or de facto relationship continues after these 2 years, permanent residency is granted.

Another case is when couples have children and have been married for more than three years, then they will receive a permanent Australian partner visa from the first application.

In order to apply for a partner visa Australia it is necessary to prove that a relationship is legitimate and that you are committed to a life together. The legal criteria are simple, but the evidence needed to prove a relationship can be complex.

These decisions are not made based on just any document, such as a certificate that may be fraudulent or a certain amount of evidence, but additionally involve a case officer who forms an opinion based on the documents and the authenticity of the relationship.

Verify a de facto relationship

Another way is to comply with the requirements when applying for a visa when there is a de facto relationship, for this case it will be necessary to demonstrate that the couple has lived together in a real relationship for at least twelve months, prior to the visa application. A couple is considered to be in a de facto relationship when:

  • They have a mutual commitment to a shared life and will exclude it from other people.
  • The relationship is proven to be authentic and true.
  • They live together permanently and have not been separated.

Partner visa Australia 820 and 801

There are two types of partner visa Australia (820 and 801) that allow the partner of a permanent resident, Australian citizen or eligible New Zealand citizen to live in Australia.

The first visa to be granted is the 820 temporary partner visa, which allows the applicant to stay in Australia, but after 24 months the applicant may be eligible for the 801 permanent partner visa.

Eligibility for these visas

To qualify for such a visa, you must be in a de facto relationship or married to an Australian citizen, permanent resident or eligible citizen of New Zealand and meet the following requirements:

  • ●                   Have a valid marriage under Australian statutes and laws, which also means that there must be parental consent if one of the parties is only 16 or 17 years of age.
  • ●                   Maintain a de facto relationship for at least one year.
  • ●                   Apply while the applicant is in Australia.
  • ●                   If the applicant has another type of visa (student, working, working vacation, etc.).
  • ●                   The applicant does not have an 8503 “No longer stay” condition.
  • ●                   That the applicant meets all character and health requirements.

It should be noted that for the processing of this de facto partner visa, it is necessary to demonstrate cohabitation with the partner for one year. This requirement of cohabitation is also applied when the couple is included for the following types of visas: permanent visa; business skills (provisional); student visa; couple visa and general Skilled Migration visas.

Also, the exception to proving the one-year cohabitation requirement is if the relationship is registered in a state or territory of Australia, where the couple can prove cohabitation together, but not necessarily for twelve months.

Such registration legally recognizes a couple under state law and is also very beneficial for immigration purposes, among the requirements that must be included are the following:

  • ●                   Members must be 18 years of age or older (both).
  • ●                   Must not be in a dating relationship, be married, or have a de facto or registered relationship with another person.
  • ●                   They should not be related by family.
  • ●                   Persons of the same sex and different sexual partners may also register their relationship.

Some conditions that apply to the Australia 820 and 801 partner visa

  • The 801 permanent partner visa can be granted immediately after the 820 temporary partner visa, if at the time of application, there is proof of a long-term relationship with the partner, that they have a child in common and that they have been living together for more than three years.
  • In case the current visa is about to expire, and you have already applied for the Australia 820 partner visa, one option is to stay in the country with the Bridging visa.
  • For a marriage to be valid under the laws of Australia you must be over 18 years of age, it is also necessary that at the time of application the person is of this age, as well as when you are a de facto partner.
  • In terms of relationship, the applicant must be married or in a de facto relationship with a permanent resident of Australia, an Australian citizen or an eligible New Zealand citizen. There is also the possibility of eligibility even if the relationship does not continue after the application is made.
  • The partner shall act as sponsor, except if the partner is under 18 years of age.
  • It is also important that all outstanding debts to the Australian government have been settled.
  • There is a possibility that you may not be able to apply for a visa if you already have a visa that has been refused or cancelled while you are in Australia.

Eligibility criteria for partner visa Australia 801

  • To have a temporary partner visa 820.
  • Continuing the relationship, whether marriage or de facto relationship, unless the relationship has ended or is in special circumstances.
  • While on a temporary visa, comply fully with Australian laws.

The Australia 820 partner visa allows you to stay in Australia while a decision is being made regarding the 801 permanent partner visa. The cost of this visa covers both the temporary and permanent visas and is payable only at the time of application. It is important to note that these amounts are not refundable either when the application is withdrawn or rejected.

It is also necessary that at the time of application and when a decision is made on this 820 temporary visa, the person must be in Australia.  While for the 801 permanent visa decision, the applicant can be either inside or outside of Australia.

The duration of these visas is as follows: the 820 temporary partner visa is valid from the date it is granted until a decision is made on the 801 permanent partner visa, while the 801 permanent partner visa is valid indefinitely and begins on the date it is granted.

Partner visa Australia 309 and 100

Temporary Partner Visa 309

This visa allows the partner either by marriage or a de facto relationship of a citizen of Australia, permanent resident or eligible citizen of New Zealand to live in Australia on a temporary basis, by obtaining this visa you can later opt for a permanent partner visa 100. With this visa the applicant will have the possibility to:

  • Remain in Australia until the permanent 100 (migrant) visa is decided or the application is withdrawn.
  • Have a job in Australia.
  • Studying in Australia without government support.
  • Enter and leave Australia as many times as required.
  • Attend free English classes for 510 hours, which are provided by the English for Migrant Adults Program.
  • Enroll in the Medicare program (public health care in Australia).
How long can a person with an Australia 309 visa partner stay in the country? 

It is necessary for the applicant to remain in Australia until his or her application for a permanent visa 100 is decided or the application is withdrawn; the length of stay can vary from 15 to 24 months.

It is also possible that by taking into account a long term relationship before applying, you may not remain on the 309 visa absolutely. For this purpose, the permanent visa would be granted immediately after the temporary 309 visa is granted.

Even family members can be included in the application at the time of application and a dependent child can be added after the application is made, but before the temporary visa is decided. The requirements for family members include staying outside of Australia and meeting character and health requirements.

In order to apply for this partner visa, the person applying for the visa must be outside of Australia. Also, it is possible that the time for this process to be completed may take a little longer, due to causes such as those mentioned below:

  • ●       If the form is filled out incorrectly.
  • ●       If all required documents are not included in the application or the required information is not provided in a timely manner.
  • ●       A certain amount of time is required to verify all the information and documentation requested.
  • ●       Also, the request cannot be processed if the correct charge is not made, but in such a case a notification will be made.

Migrant Partner Visa 100

Migrant Partner Visa 100

Unlike the previous one, it allows the partner or spouse in a de facto relationship of a permanent resident, citizen of Australia or eligible New Zealand citizen to live permanently in Australia. This visa is usually granted to people who already have a temporary partner visa 309:

  • To have an indefinite stay in Australia.
  • Study and work full time in Australia.
  • Enroll in the free public health program in Australia.
  • Sponsor other family members to live in Australia.
  • Travel to and from Australia for 5 years.
  • Attend totally free classes provided by the Adult Immigrant English Program, if eligible.
  • Apply for Australian citizenship, if eligible.
 Travel to and from Australia for 5 years

It is important that at the time the visa is granted, the applicant enters Australia before the date specified in the letter of grant. This first date of entry is set at one year from the date the visa is granted.

For five years, you can travel to and from Australia, as many times as you wish, from the date the visa is granted. As long as the travel facility is valid on the visa.

In case you wish to travel after the initial five-year travel facility, you must:

  • Make an application for a Resident Refugee Return (RRV) so that you can re-enter Australia as a permanent resident.
  • It is possible to consider Australian citizenship; by becoming an Australian citizen, no visa is required to enter the country. A passport of this nationality is required and used to enter Australia.
How long can a person stay in the country with an Australia 100 visa partner? 

3.11.             As this is a permanent visa, it allows to stay in Australia for an indefinite period of time. The applicant becomes a permanent resident upon delivery of this visa.

3.12.             Likewise, it allows the inclusion of members of the applicant’s family group, which must be included when applying for the combined temporary or permanent visas. Likewise, in the case of dependent children who do not have a 309 visa, the application may be added before a decision is made on the permanent visa.

3.13.             It should be noted that the members of the family group must meet the character and health requirements, even family members who are not applying for a visa may also need to meet the health requirements.

3.14.             The processing time for this visa application can take between 17 to 23 months, as long as there are no inconveniences such as the following:

  • ●       That all required documents are not included in the application.
  • ●       When not all of the applicant’s information is provided.
  • ●       The time required to verify all requested information and documentation.

Partner visa in Australia main requirements

Partner visa in Australia main requirements

The basic requirements to obtain a partner visa Australia are the following; they allow to demonstrate to migration that you are a stable couple. The ideal is that the couple is married or has registered the relationship in a Civil Registry. It should be noted that marriage is not the only option, you can also present your Union Libre document, the important thing is to demonstrate that your relationship is stable and lasting.

There are many ways to demonstrate that a couple is stable, migration only requires that the couple has lived together for at least one year, that they make plans together and that they share financial aspects.

There are several ways to demonstrate evidence, all the information that is provided adds much more to prove a true relationship, although not all documentation has the same weight, such documents are:

  • Civil union or marriage certificate.
  • Certificate of registration of Civil Registry relationship.
  • Rental contract for real estate in the name of the couple.
  • Assets and investments shared by both.
  • Shared bank accounts between the two.
  • Prove that they share the same address through invoices, letters in the name of both addressed to the same address.
  • Trips you have taken together, showing photographs in various locations.
  • Photographic and social media evidence.
  • Air tickets with the same dates.
  • Hotel reservations as a whole.
  • Emails sent between the two.
  • Affidavits and testimonies from family and friends.
  • Among other similar documents that prove the relationship.
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