When considering a partner visa to migrate to Australia, it’s essential to choose the correct visa subclass. This decision can significantly impact your journey to living together in Australia with your partner. The process can feel overwhelming with various visa options available, but understanding the differences and requirements for each visa subclass is critical to making an informed decision. This article explores the different partner visa subclasses, who qualifies for them, and the application processes, helping you understand which visa is suitable for your situation.
What is a partner visa subclass, and why do you need one?
A partner visa subclass allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live and work in Australia. These visas reunite couples in committed relationships and offer temporary or permanent residency options. Selecting the right subclass is vital, as it impacts eligibility, processing times, and long-term residency. This visa ensures couples can stay together during the application process.
What are the different types of partner visa subclasses available?
There are several partner visa options for Australia, each designed to cater to different stages of a relationship. The key subclasses are:
- Subclass 820 (Temporary Partner Visa): This visa allows you to live in Australia temporarily while your permanent partner visa application is being processed.
- Subclass 801 (Permanent Partner Visa): Granted after a temporary visa, this visa requires proof of a genuine, ongoing relationship and provides permanent residency.
- Subclass 309 (Temporary Partner Visa): This visa allows applicants outside Australia to enter the country while awaiting the assessment of their permanent partner visa.
- Subclass 100 (Permanent Partner Visa): Similar to Subclass 801, this visa grants permanent residency to applicants who applied while overseas.
- Subclass 300 (Prospective Marriage Visa): Designed for those intending to marry their Australian partner, it allows you to enter Australia, marry, and later apply for a partner visa.
How do you know if you qualify for a partner visa subclass?
Each partner visa subclass has its own set of eligibility criteria. Here’s how to know if you qualify:
- Age requirement: Both you and your partner must be at least 18 years old.
- Genuine relationship: Prove your relationship is genuine and ongoing through evidence of emotional, financial, and social commitment.
- Health and character requirements: Meet health and character standards, including medical exams and police checks.
- Sponsorship: Your Australian partner must sponsor your visa application.
- Relationship history: Provide proof, such as joint bank accounts, shared property, or communication records.
- Living together: Show evidence of cohabitation or intent to live together in Australia.
What are the key differences between partner visa subclasses 820 and 801?
Subclass 820 and Subclass 801 are part of the same partner visa process but serve distinct purposes. Here’s a breakdown of their differences:
Subclass 820 (Temporary visa):
- Allows you to live temporarily in Australia while your Subclass 801 (permanent visa) is processed.
- Enables you to work and study in Australia.
- Typically granted quickly, letting you stay in Australia while awaiting the permanent visa decision.
Subclass 801 (Permanent visa):
- Granted after holding the Subclass 820 visa for at least two years.
- Offers permanent residency, allowing you to live, work, and study indefinitely in Australia.
- It provides permanent residents with access to Medicare benefits and other entitlements.
- Issued once you demonstrate your relationship is long-term and genuine.
Which partner visa subclass is suitable for temporary vs permanent residency?
When choosing between temporary or permanent residency partner visas, it’s crucial to align with your goals and plans. Here’s a summary:
Temporary residency:
- The Subclass 820 visa is ideal if you’re applying within Australia.
- It allows you to stay in Australia while your permanent visa is processed.
- This visa provides time to settle and adjust while waiting for permanent residency.
Permanent residency:
- The Subclass 100 visa offers direct permanent residency after holding the Subclass 309 visa temporarily.
- Permanent residency grants access to full benefits, including healthcare and employment rights.
What documents are required for a partner visa subclass application?
To apply for a partner visa, you’ll need to provide documents that demonstrate the authenticity of your relationship and your eligibility. Key documents include:
- Proof of relationship: Photos, joint bank accounts, and documents showing a shared life.
- Health and character documentation: Medical check-ups and police certificates for both partners.
- Personal identification: Passports, birth certificates, or national ID cards.
- Proof of Australian sponsorship: Provide evidence that your partner can financially support you.
- Application forms: Completed forms and payment receipts.
How long does the visa subtype application process take?
The processing times for partner visa subclasses vary, but here’s a rough estimate:
- Subclass 820/801 (Onshore applicants): The entire process, from the temporary to the permanent visa, generally takes 12 to 24 months.
- Subclass 309/100 (Offshore applicants): The process typically takes 12 to 18 months for applicants from overseas.
What should you do if your visa application is refused?
If your partner’s visa application is refused, it can be disheartening. However, there are steps you can take:
- Understand the reason for refusal: You will receive a detailed explanation of why your application was rejected, which will help you understand the issues and how to address them in a new application.
- Request a review: If you believe the decision was incorrect, you can apply to the Administrative Appeals Tribunal (AAT) for a review.
- Reapply with new evidence: If your situation changes or if you have additional evidence, you may be able to reapply. A migration consultant can help you strengthen your case.
Seeking professional advice from an expert partner visa application services can help improve your chances of success in the appeals process.
Navigating the complexities of partner visa subclasses can be challenging, but with the proper guidance, the process becomes much more manageable. Understanding which visa subclass is suitable for your situation can ensure a smooth application process.
If you need clarification on which partner visa subclass is suitable for you, Bircan Migration offers personalised consultations to guide you through the process. With over 20 years of experience and a high success rate, they can help you with visa eligibility assessments, applications, and AAT appeals. Reach out to Bircan Migration today for a free consultation, and let us help make your Australian dream a reality.
