Marriage and De facto Partner Visa (Subclass 309/100 or 820/801)

Partners Visas are for those in a relationship with an Australian Permanent Resident or Citizen who wish to remain permanently in Australia on the basis of that relationship. This Visa is for married, de facto (not married) and same sex couples. An application can be either made in or outside Australia.

The Partner Visa is initially granted for 2 years on a temporary basis. At the expiration of 2 years the Department of Immigration and Border Protection will ask you to satisfy them that you still remain in a genuine relationship before granting the Permanent Visa. In certain circumstances it may be possible for the Permanent Visa to be granted immediately such as where there are children of the relationship or there is a long standing relationship. If an application is made on the basis of marriage the couple must have physically met, the marriage must be legal according to Australian Law and not prohibited by Migration Law.

Importantly, applicants must demonstrate that they are in a genuine and ongoing relationship with a commitment to a shared life that is to the exclusion of all others. You and your partner must be generally living together or, if not, any separation must be only temporary.

In determining the above, your Case officer will consider the totality of your relationship and the following four factors:

  • Financial aspects of your relationship
  • The nature of your household
  • Social aspects of your relationship
  • The nature of your mutual and exclusive commitment

De facto (Not Married) relationships must demonstrate that the couple have been together in such a relationship for at least 12 Months. However, where the relationship has been registered by a State Government the 12 month relationship requirement is not required.

Health and Character requirements must be met and dependent children/family members may be included in your application if certain requirements are met. Processing times depend on where the applicant is coming from and if the application is made while the applicant is in or outside Australia.

Serial Sponsorship

Australian permanent residents or citizens who were sponsored for a spouse visa or who have previously sponsored another partner are prohibited from sponsoring another partner for 5 years from the date of their previous application. There is also a requirement that you can not be a sponsor more than 2 times for the partner visas.

Both of these scenarios (5 years and 2 sponsorships maximum) can be waived in specific circumstances namely where ‘compelling circumstances affecting the interests of the sponsor’ can be demonstrated to the Department of Immigration and Border Protection. We can assist you if you find yourself in these circumstances.

As every relationship is different, careful consideration must be made of the documentary evidence you submit with your case to the Department of Immigration. We regularly assist applicants in the Partner Visa category and can advise you on all requirements and the documentary evidence that will best substantiate your particular case.

Relationship Registers

Couples who have their relationship registered by a State Government are not required to show that they have been in a relationship for 12 months. Not all States have such Relationship Registers (Civil Union Registers) and each State has differing rules for registering a Relationship. The following States and application fees are as follows:

State Fee Processing Time Residents Required
QLD $ 37.00 10 Days 1 Only
NSW $207.00 28 Days 1 Only
VIC $216.00 28 Days Both (Applicant and Sponsor)
ACT $ 39.00  1 Day Both (Applicant and Sponsor)
TAS $173.00 28 Days Both (Applicant and Sponsor)

Our Fees

Service Fee
Spouse or Defacto Visa Application Fees $6,865
Professional Fees $3,500

 

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