Partner / Spouse Visa Options
Migration to Australia for Partners / Spouses
This category includes prospective marriage (SC 300), partner/spouse offshore (SC 309/100), partner/spouse onshore (SC 820/801) & New Zealand citizen family relationship (SC 461). In all cases the applicant must be sponsored by someone who they have met in person & are over 18 years of age.
‘Partner’ means your spouse or de facto partner (including same-sex partners). To apply for this visa you need to be able to prove your commitment to each other over a specified period of time and you must be in Australia at the time of your application.
There are significant document requirements that you will have to provide in order to prove you are in a monogamous genuine & continuing relationship with your spouse/fiancé.
If you lodge an offshore fiancé or spouse visa application please be aware that it can take considerable time for the application to be processed. Certain countries can take 18 to 24 months to process the application.
There are also provisions for victims of domestic violence from their sponsor which means if you are a victim you may still be able to remain in Australia legally. If you are a victim, you should seek help immediately & report your sponsor to DIBP. As migration agents, we can help you with this process and take the stress away from you.
Prospective Marriage – Temporary – Subclass 300
The prospective marriage visa is for people who want to come to Australia to marry their spouse. It is a temporary visa & is only valid for nine months but can transition to a permanent resident visa. You can have your wedding anywhere in the world; it doesn’t necessarily have to occur in Australia. You must be outside Australia when you lodge your application & also when the visa is granted.
At the time of applying for this visa you must:
- Be aged over 18 years
- Be of the opposite sex
- Have met your intended spouse in person since you both turned 18 years of age & know each other personally (this includes if you have an arranged marriage, met as children or met online)
- You both must be free to marry
- Genuinely intend to marry your intended spouse
- Genuinely intend to live with your intended spouse as husband & wife
- Meet health & character requirements
Once you have been granted your visa, you have to ensure that you arrive in Australia before you marry your fiancé.
Partner – Temporary, Subclass 820 & Partner – Provisional, Subclass 309
This visa allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia. The subclass 820 is an onshore application & the subclass 309 is an offshore application & you can apply for either of these visas as a de-facto or married couple.
Married Couples
- You must be legally married to your partner – Please note: Not all offshore marriages are recognised by the Australian government, you will need to check this prior to applying for the application or risk the application being rejected
- Clearly show that you & your partner have a mutual commitment to a shared life as husband & wife to the exclusion of all others
- Show that you have a genuine & continuing relationship with your partner
- Show that you & your partner are living together on a permanent basis or, if not, that any separation is only temporary
- Meet health & character requirements
De-facto Couples
- You need to be able to prove that you have resided together at the same residential address for 365 consecutive days immediately prior to the application
- Clearly show that you & your partner have a mutual commitment to a shared life as husband & wife to the exclusion of all others
- Show that you have a genuine & continuing relationship with your partner
- Show that you & your partner are living together on a permanent basis or, if not, that any separation is only temporary
- Meet health & character requirements
Permanent Partner Visas – Subclasses 801 & 100
Once you have resided with your spouse in Australia for two years, it is time for you to apply for your permanent residence. Depending on whether you applied onshore or offshore you will apply for either subclass 801 or subclass 100. The Department of Immigration & Border Protection will contact you or your migration agent (if you used one for the previous application) when the time comes to apply for your visa application.
You will need to provide clear evidence that you & your partner have resided together for the last two years & still share a mutual commitment to a shared life to the exclusion of all others.
New Zealand Citizen Family Relationship – Subclass 461
This visa allows a non-New Zealand family member of a New Zealand citizen to live and work in Australia for up to five years as long as their New Zealand citizen spouse resides in Australia with them. You can be onshore or offshore at the time of lodging your visa application.
Other than the forms, this visa requires all the same evidence as a subclass 820 or subclass 309 visa application. You have to be able to prove:
- Married: You must be legally married to your partner – Please note: Not all offshore marriages are recognised by the Australian government, you will need to check this prior to applying for the application or risk the application being rejected
- De-facto: You need to be able to prove that you have resided together at the same residential address for 365 consecutive days immediately prior to the application
- Clearly show that you & your partner have a mutual commitment to a shared life to the exclusion of all others
- Show that you have a genuine & continuing relationship with your partner
- Show that you & your partner are living together on a permanent basis or, if not, that any separation is only temporary
- Meet health &character requirements
Why Choose 888 Migration Services?
At 888 Migration Services we distinguish ourselves from the majority of agents who often provide an indifferent, high cost service because in the past we also needed visas of our own and had a very poor experience with our agents back then. That’s why we started 888 and we know what makes great service! We have a high success rate & will assist you in all steps of the application process to ensure that you receive the best possible outcome from DIBP.
If you have any queries or would like to get in contact with 888 Migration Services, please follow the link on our website & we will be in contact with you shortly.
Our website address is www.888migrationservices.com.au & our office number is 1300 94 23 94.