Partners or fiancés of Australian citizens, Australian permanent residents or eligible New Zealand citizens may apply to enter and/or remain permanently in Australia. Partner category migration may apply to:
- people intending to get married (fiancés)
- married (de jure) partners
- de facto partners (including those in a same-sex relationship).
If you are in Australia: Apply Now
Partner Temporary Visa (Subclass 820) and Permanent visa (subclass 801)- For people who wants to stay in Australia with their partner. Their partner must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. If two years after you apply the relationship is still genuine and continuing, a permanent visa may be granted.
If you are outside Australia:
Partner Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100)- For people from overseas who wants to enter and stay in Australia with their partner. Their partner must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. If two years after you apply, the relationship is still genuine and continuing, a permanent visa may be granted.
Prospective Marriage visa (subclass 300) -This visa allows people to come to Australia to marry their fiancé.
The Prospective Marriage Visa is for people who want to come to Australia to marry their prospective spouse. This visa is temporary and is valid for nine months. The nine months begins on the date your visa is granted.
You must be outside Australia when you lodge your Prospective Marriage Visa application. When your Prospective Marriage Visa (Subclass 300) is granted, you can enter Australia. Once in Australia, you must marry your intended spouse (your fiancee) within the time-frame of the visa. Once you are married, you must lodge your Partner Visa (Subclasses 820 and 801) application before the expiry of your Prospective Marriage Visa if you wish to remain in Australia.
ADVANTAGES OF GETTING GRANTED YOUR PERMANENT PARTNER VISA
- Work and live in Australia indefinitely.
- Opportunity to study in Australia.
- Enroll in Medicare, Australia’s state-run healthcare program.
- Opportunity to apply for Australian citizenship.
- Sponsor relatives for permanent residence.
- Travel in and out of Australia as you please.
Schedule 3 and Compelling Reasons
Schedule 3 applies to certain visa subclasses, including partner visas (Subclass 820/801). It states that if an applicant is in Australia and does not hold a substantive visa, they are generally required to apply for their visa outside of Australia. However, Schedule 3 provides exceptions under certain circumstances, known as compelling reasons.
Compelling reasons are exceptional and compassionate circumstances that allow an applicant to apply for an onshore visa even if they do not hold a substantive visa. These reasons could include:
- Sudden or severe illness or injury of the applicant or their family member in Australia requiring ongoing medical treatment.
- Significant changes in personal circumstances, such as the breakdown of a relationship with their Australian partner or family violence.
- Humanitarian or compassionate grounds, such as protection concerns or unique personal circumstances.
To be considered for an onshore visa application under Schedule 3, the applicant needs to demonstrate compelling reasons that are beyond their control and have arisen since their last visa was granted or last came into effect. They must also show that they meet all other visa requirements, such as health and character criteria.
It’s important to note that each case is assessed on an individual basis, and the Department of Home Affairs evaluates compelling reasons on their merits. It’s recommended to consult with a experienced migration agent or seek professional advice to determine if you meet the requirements for applying onshore under Schedule 3 and compelling reasons.
If you want more information regarding the latest fees for immigration and the partner visa processing time, please feel free to contact us.
Disclaimer: Please note that all the information on this website only serves a guide. For more accurate and updated information about this visa please email us at email@example.com or visit our office for further information.