Partner visas

 PROSPECTIVE MARRIAGE (300) VISA

This visa, commonly known as the fiancé(e) visa, is for persons wishing to come to Australia to marry their sponsor, who must be an Australian citizen, Australian permanent resident, or eligible NZ citizen.
Requirements for the Prospective Marriage visa
An applicant for the Prospective Marriage (300) visa must
• have personally known, i.e. met with, the Australian sponsor physically, and
• be engaged to be married to the Australian sponsor in Australia, and
• be sponsored, and
• marry the Australian sponsor in Australia within the visa period (within 9 months of entry), and
• intend to live together in a genuine spousal relationship after marriage, and
• apply for the Partner visa (820/801) in Australia within the visa period.
 
PARTNER (309/100 & 820/801) VISAS 2 stage processing (temporary and permanent)
 
Visa subclasses 309/100 for the applicants which apply offshore. 820/801 for applicants which apply onshore.
An applicant actually applies for both visas concurrently, using the same application form and paying only one visa application charge. The applicant must be sponsored by his/her respective spouse or de facto partner, who must be an Australian citizen, Australian permanent resident or eligible NZ citizen.
 
For formal marriages, there are no specific requirement that two persons must have been in the relationship for a minimum period, as long as they are in a genuine ongoing relationship to the exclusion of all others.
For persons in de facto (same sex or opposite sex) relationships they need to have been in the relationship for at least 12 months immediately prior to the application.
 
After lodging an application, applicants are assessed for the first (temporary) visa, i.e.
• 309 visa for offshore applicants and
• 820 visa for onshore applicants
These temporary visas, once granted, are valid for 2 years from date of application, and then if the relationship is assessed to be still genuine and ongoing at the end of the 2 years, applicants will proceed to the permanent visa without having to make a further application, i.e.
• 100 visa for offshore applicants who had been approved for the 309 visa, and
• 801 visa for onshore applicants who had been approved for the 820 visa.
 
During the period of the temporary visa, applicants may live in Australia, can work and access Medicare and certain social security benefits.