Visas are available to enable Australian Citizens and Permanent Residents to Sponsor a visa for their Spouse, De facto Partner or their fiancé before their prospective marriage, to migrate to Australia to live with them. The partner visa options (300, 309/100 or 820/810) generally provide a temporary visa initially leading to permanent residence. The visa allows the partner to live, work or study in Australia. Depending upon your circumstances there are pros and cons to the different visa options which may influence your pathway choice.
Prospective Marriage Visa
If you are intending to get married a prospective marriage visa (300) may be an option. This visa enables the applicant to temporarily enter Australia providing a 9 month time frame for the marriage to take place.
Enabling the partner, and eligible dependants, of an Australian citizen or permanent resident to live in Australia with their partner.
- Legally Married couples
- De facto couples: must have been living together with their partner for at least 12 months prior to application (rare exceptions to the 12 month requirement)
- Same sex De facto couples: whilst Australian migration legislation does not recognise same sex marriages, it does recognise genuine same sex relationships within the De facto relationship requirements.
Spouse visas involve a two stage process, initially a two year temporary visa which can lead to a permanent residence visa assuming your relationship remains genuine and continuing. In exceptional circumstances a permanent visa may be granted to some couples immediately. Spouse visas can be applied for offshore (309/100) or onshore (820/801).
Applying for a partner visa and currently on a 457 visa
If you are currently in Australia sponsored on a subclass 457 visa there are some additional considerations you should take into account when applying for a partner visa.
In exceptional circumstances will an individual be granted permanent residency where the relationship no longer exists. Examples of circumstances that may be considered include where the sponsor has died, there is a child involved or family violence has occurred.
All visas require an individual to undertake a medical and to meet the ‘health requirement’, should a visa applicant fail the health requirement the partner visa does allow for a health waiver to be considered.
Spouse applications by Unlawful Non-citizens
Spouse visas are one of a few visas that may be applied for by unlawful non-resident who does not hold a valid visa. Where a visa has expired by over 28 days ‘compelling circumstances’ must be shown for the application to be considered.