What is a De-facto and Married Partner Visa?
A partner visa allows an Australian citizen or permanent resident to sponsor his or her overseas partner (both must be either married or in a de facto relationship).
There are three pathways to a permanent residency under this category:
- application made overseas: temporary visa (subclass 309) and after holding the temporary visa for a sufficient period, applying for a permanent visa (subclass 100)
- application made in Australia: temporary visa (subclass 820) and after holding the temporary visa for a sufficient period, applying for a permanent visa (subclass 801)
- application made overseas: prospective marriage visa (subclass 300) and after married, applying for a temporary visa onshore (subclass 820) and later a permanent visa (subclass 801)
How long do you have to wait before a permanent visa is granted?
The partner visas are under a two stage process – the temporary visa application first and then the permanent visa.
In most cases, you will not be granted the permanent visa until at least two and a half (2.5) years after you made the application. The wait period is generally longer for most applications.
However, if you have been with your partner for a sufficiently long period of time, the waiting period may be shortened. Under current department policy, to be recognised as a long-term partner relationship, you must be together with your partner:
- for 2 years if there is a dependent child; or
- for 3 years in any other cases
Who can be the sponsoring partner?
You can sponsor your overseas partner to Australia if you are:
- an Australian citizen; or
- a permanent partner
DO NOTE that if any of the following applies, you might not be able to sponsor another person:
- in the last 5 years, you applied and were granted a partner visa or a Prospective Marriage Visa
- in the last 5 years, you have sponsored one other person on a partner visa or a Prospective Marriage Visa
- in your lifetime, you have sponsored 2 other people on a partner visa or a Prospective Marriage Visa
Can you apply for a partner visa while on a bridging visa?
Yes, it is possible to apply for a partner visa while you are on a bridging or even when you do not have any visa at all.
However, it will be very difficult – your application will likely be refused unless you have demonstrated sufficient compelling circumstances for the Department to grant the visa.
There is no specific guideline on what situations will be considered as compelling. The Department can, with complete discretion, decide whether your circumstances are compelling enough to warrant a grant of the visa.
In these situations, you must prepare thoroughly to provide all relevant evidence to present your best case – bearing in mind refusal is a likely outcome.
How can we help you?
- assessing the prospect of success
- identify risks of refusal
- drafting submission and gathering evidence to best present your case
- advising and providing strategies on complex situations: short term relationship (less than 12 months), domestic violence, character issues or the lack of substantive visa.
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