If you have a spouse or de facto who is an Australian citizen, permanent resident or eligible New Zealand citizen, you may be eligible for one of these visas.
The Partner visas (subclasses 820 and 801) allow the spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.
The temporary Partner visa (subclass 820) is granted first and lets you stay in Australia while the permanent Partner visa (subclass 801) is processed.
You must be married or in a de facto relationship with:
- an Australian citizen
- an Australian permanent resident
- an eligible New Zealand citizen.
Your marriage must be valid under Australian law, which means you must have parental permission if you are 16 or 17 years of age.
You must have been in a de facto relationship for at least 12 months.
Length of stay
- On the temporary 820 visa, you can stay until a decision is made on your permanent Partner visa (subclass 801).
- On the permanent 801 visa, you can stay permanently.
820 – Temporary visa
75 percent of applications processed in 24 months.
90 percent of applications processed in 30 months.
801 – Permanent visa
75 percent of applications processed in 16 months.
90 percent of applications processed in 23 months.
Tips & Tricks
The Department is heavily scrutinising the ‘genuine and continuing nature’ of couples’ relationships. This is the case because the Department does not want individuals to immigrate into the country through the use of fraudulent relationships.
Consequently, the Department is extremely uncompromising in relation to the types of evidence and the volume of evidence that you will need to provide to be successful in satisfying the ‘genuine and continuing nature’ of your relationship.
Sirus Migration’s migration agents and lawyers are well placed to help you with the above. We will handle your visa application from start to finish. Our services include but are not limited to:
- Providing you with up-to-date, comprehensive, strategic migration law advice;
- Providing you with a unique list of supporting documents that you will need to procure to be successful in your matter;
- Helping you draft relationship statements or draft statutory declarations on your behalf; and
- Drafting any necessary submissions as requested by the Department.