You and your partner think that you are entirely well-matched and have come to the conclusion that you want to live together for the rest of your lives.
The pleasure of moving to a new country can be impressed by the stress and unpredictability of the visa process for your partner in Australia or you can also hire a professional lawyer for your convenience like Immi lawyer who guide you to the correct way to get your partner permanently in Australia.
To be eligible:
You must either be married, engaged and deciding to get married or spend your life together in a de facto relationship.
In all partner visa applications, you must provide evidence that you are in a bonafide and committed relationship.
Applications can be lodged in Australia when the applicant is in Australia (820/801) or if the applicant is abroad (partner visa 309 or 100).
If lodged in Australia, the applicant can use a bridging visa and stay in Australia for however long it takes to process the application. Prospective partner visas, also known as fiancé visas (300), have to be lodged when the applicant is overseas.
Partner visas are a two-stage process. The first stage is an application for a temporary visa and then in the second stage, it should be applied for a Permanent Visa.
You can sponsor up to two abroad partners in your life with each application having to be at least 5 years apart.
How does the partner visa work in Australia?
It is necessary for your partner to be an Australian citizen or permanent resident, or an eligible New Zealand citizen, so as to sponsor you.
There are specific circumstances where your partner may not be able to sponsor you, for example, if he or she has sponsored another partner before in the last 5 years.
You must either be married, engaged, in a formal relationship, or in a de facto relationship.
If you are married:
If you are applying in Australia, your present visa conditions must let you make an application for a partner visa onshore.
Your marriage must be valid under Australian Law. If you were married in a country other than Australia and that marriage is legal in that country, generally, it will be identified as valid under Australian law.
You and your partner must indicate a bilateral commitment to a shared life as husband and wife to the exclusion of all others.
It is necessary for you and your partner to live together or, if not, any separation must be only temporary.
What happens next?
Once the evaluating officer is gratified that you are in an authentic relationship and you meet all the other requirements, you will be issued a Temporary Partner Visa that entitles you to come and remain in Australia, valid until a decision is made on your permanent visa.
The documents can be submitted for a permanent visa two years after the first application lodgment. Provided you can show that the relationship is ongoing and bonafide, you will be granted a Permanent Residence visa.
In specific circumstances, such as if at the time of a partner visa application lodgment you have been married or living in a de-facto relationship for three or more years, or you have a child from the relationship you may be granted temporary and permanent visas simultaneously.
If you are offshore and plan to get married
You must be able to lawfully marry based on Australian law, and you must be outside Australia at the time of application and decision.
Your partner must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
You will need to be able to demonstrate that your relationship is real and show that you really decide to marry your fiancé within nine months from the date you are granted a visa and want to then live with your partner as their husband.
You will need to provide documents of a verified marriage date as presented by a recognized marriage authority, either in Australia or overseas, and that you and your fiancé have physically visited and are personally known to each other.
What happens next?
Once the evaluating officer is convinced that you are in a real relationship, and you meet all the other requirements, you will be granted a Prospective Marriage visa (subclass 300).
You will have to marry your sponsor within 9 months from the date when that visa is issued. Once married, within 9 months from the date of a subclass 300 visa issuance, you will be entitled to lodge an application for an onshore partner visa (820/801).
It is necessary for you to be in Australia at the time of application and when a decision is made on your application.
Once the evaluating officer is convinced that you are in a real relationship, and you meet all the other requirements, you will be granted a Provisional Partner visa that lets you stay in Australia.
The provisional partner visa is valid as long as it takes for a decision to be made on the Permanent visa.
Two years from the lodgment date of the Provisional Partner Visa, the documents can be submitted for the permanent residence stage.
Provided you can show that the relationship is ongoing and genuine, you will be issued a Permanent Residence visa.
In specific circumstances, such as if at the time of a partner visa application lodgment you have been married or living in a de-facto relationship for three or more years, or you have a child from the relationship you can be issued temporary and permanent visas at the same time.
If you have been in a de facto relationship for 12 months or more:
If you are applying in Australia, your present visa conditions must let you apply for a partner visa onshore.
You and your partner must have been in a de facto relationship, that is living together, for the whole 12 months instantly before lodging your application.
You and your partner must indicate a bilateral commitment to a shared life to the exclusion of all others. If there has been any separation, it must only be temporary, such as for business travel or abroad family commitments for the visa applicant.
What happens next?
Once the evaluating officer is convinced that you are in a genuine relationship, and you meet all the other requirements, you will be granted a Provisional Partner visa that lets you either stay in Australia if the application was lodged onshore or move to Australia if lodged offshore.
The provisional partner visa is valid as long as it takes for a decision to be made on the Permanent Visa.
Two years from the lodgment date of the Provisional Partner Visa, you can apply for the permanent residence stage.
Provided you can show that the relationship is ongoing and genuine, you will be issued a Permanent Residence visa.
In specific circumstances, such as if at the time of a partner visa application lodgment you have been married or living in a de-facto relationship for three or more years, or you have a child from the relationship you can be issued temporary and permanent visas at the same time.
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