Partner Visas Subclass 820, 801 and 300 Updates

Partner Visas remain one of the most common methods of permanent migration to Australia. Each year, approximately 45,000 people migrate to Australia on the basis of a partnership with an eligible sponsor for Australian migration. There are three main types of partner visas. The first is for married couples, the second is for defacto couples, the third is the prospective marriage visa which is also known as the fiance visa. For all of these types of visas, the requirement for sponsoring partner is that they are an Australian citizen, Australian permanent resident or an eligible New Zealand citizen. The predicted trend is also that partner visa applications are also predicted to rise in the future years and for this reason the government projecting upwards of 50,000 partner visa applications being granted every year.

What do you need to be able to get a partnership visa?

Apart from being in a relationship with the categories of people referred to above, the relationship must be genuine and ongoing. You must live with your partner or, if you do not, any separation must be only temporary. Both parties must freely consent to the relationship.

You might be able to be granted this visa if:

your relationship breaks down and there is a child of the relationship
your partner dies and you can show that your relationship would have continued if your partner had lived and you have close business, cultural or personal ties in Australia
your relationship breaks down and you or members of your family unit have suffered family violence.

De facto applicants

Usually your de facto relationship must have existed for at least 12 months before you apply for this visa. Time spent dating does not count towards a de facto relationship. In some circumstances, you can also get a partner visa with a relationship shorter than 12 months if you can demonstrate compelling and compassionate circumstances, such as having dependent children or where your de facto relationship has been registered in Australia.

You also need to meet the standard health and character requirements for permanent residency in Australia which are common to all forms of permanent residency in Australia.

Requirements for Sponsors of Partner Visa Applications

There are some basic restrictions on partner visa sponsors. Generally, you cannot sponsor someone for a partner visa if you yourself were sponsored for it in the last 5 years. Also, if you have already sponsored two people for partner migration to Australia, you are unlikely to have a third sponsorship application granted. And if you sponsored someone in the last 5 years, you will also be unlikely to be able sponsor someone again.