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Partner & Family

PARTNER & FAMILY VISAS

This is the most common Australian visa. An Australian citizen, an Australian permanent resident and some New Zealand Citizens can sponsor a partner to join them in Australia.

Central to this visa is that there is to be a genuine relationship, to the exclusion of all others, and not living separately or permanently apart. Evidence of the relationship and its genuineness is crucial. This needs to be marshalled with great care and attention to detail. A pre-requisite is the careful determination of the eligibility, under the migration regulations, of each party to marry and to sponsor.

Fiancee

The relationship can be an engagement to be married, formally set down after meeting each other, all carefully evidenced. This founds the basis for the Prospective Marriage Visa subclass 300. This is a 9 month visa to come and live in Australia. And within that time the fiancée or fiancé must marry their sponsor and progress to the next stage, the Partner Visa.

Spouse

The relationship can be a marriage relationship already in place, where the marriage meets Australian requirements, wherever the marriage has occurred, within Australia or overseas. This is for the Partner Visa subclass 820/801 (when onshore) and the Partner Visa subclass 309/100 (when offshore) applications. This visa category requires carefully evidenced household arrangements have been established according to the relevant lifestyle and circumstances. Economic, social and legal elements of the relationship are produced in evidence.

Defacto

The relationship can be a de facto marriage relationship as well. This creates a steepening of the level of evidence required. The migration regulations require a 12 month pattern of cohabitation for want of a better word. And that’s 365 days. In some Australian states this 12 month requirement can be reduced by access to the state recognition of registered relationships. The relationship between same sex partners is recognised in the migration regulations.

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The partner visa process is that the 820 or 309 visa is first decided for a provisional visa for about 2 years. At the end of that period there is secondary processing by the Department to finalise the 801 or 100 visa for permanent residence. Where couples have been together for 3 years at the time of application or 2 years where there are children of the marriage, the provisional stage is waived.

NZ citizens, who came to live in Australia after 2001, have the ability to sponsor family to Australia for 5 years in a one stage process under visa subclass 461.

There are numerous considerations for partners and their sponsors. An initial phone consultation can identify these and chart a way forward.

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Initial phone consultation: +61 2 9613 8326

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