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Spouse Visas – Partner & Spouse Visa Solutions

There are several options available to Australian citizens or permanent residents who would like to sponsor their partner or spouse to come or to remain in Australia.

Our professional Solicitors and Registered Migration Agents will be able to assist you to apply for a Spouse visa, de-facto visa, fiance or prospective marriage visa from inside Australia or outside Australia.

Once we have applied for your spouse visa you will be able to:

  • live and work in Australia on a permanent basis
  • sponsor your family members to live in Australia
  • have access to Medicare
  • access social security payments
  • study in Australia
  • be eligible for Australian citizenship

Please Note that:  As the partner or fiancé of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you do not have an automatic right of permanent residence in Australia. If you want to reside permanently in Australia you must first apply for a permanent visa and be assessed against the legal criteria for the grant of that visa.

Onshore Partner visa (subclasses 820 and 801)

This visa is for applicants who apply for a partner visa while they reside in Australia. This visa allows you to enter or remain in Australia on the basis of your married or de facto relationship with your partner:

  • on a temporary visa (usually for a waiting period of approximately two years from the date you applied for the visa)
  • on a permanent visa if, after the waiting period (if applicable), your partner relationship still exists and you are still eligible for this visa.

Your partner must provide sponsorship for you. Our professional Solicitors and Registered Migration Agents will be able to assist you with providing advice and assistance with the application process and what is needed for you to become a sponsor.

Subclass 820 Visa will allow you to:

  • remain in Australia with your partner, until a decision is made regarding your permanent visa
  • work in Australia
  • study in Australia, but you will not have access to government funding for tertiary study and will be charged international upfront full fees
  • enrol in Australia’s medical benefits expenses and hospital care scheme, (Medicare)

Subclass 801 Partner Permanent Visa will allow you to:

  • remain permanently in Australia with your partner
  • work and study in Australia
  • enrol in Australia’s medical benefits expenses and hospital care scheme, Medicare
  • eligible to receive certain social security payments
  • apply for Australian citizenship (subject to the residency eligibility criteria)

Offshore Partner visa (subclasses 309 and 100)

Our Solicitors and Registered Migration Agents will assist you to apply for visa on the basis of your marriage or your de facto relationship with your partner:

  • on a temporary visa (usually for a waiting period of approximately two years from the date you applied for the visa)
  • on a permanent visa if, after the waiting period (if applicable), your partner relationship still exists and you are still eligible for this visa.

Your partner must provide sponsorship for you. To speak to us in relation to the sponsorship requirements, and legal advice in relation to your Offshore Partner Visa, contact one of your lawyers and Registered Migration Agents.

Subclass 309 will permit the visa applicant to:

  • you are permitted to enter or remain in Australia with your partner, until a decision is made regarding your permanent visa
  • you are entitled to work in Australia
  • you are entitled to study in Australia, but you will not have access to government funding for tertiary study
  • you may enrol in Australia’s medical benefits expenses and hospital care scheme, Medicare.

Subclass 100 will permit the visa applicant to:

  • you are permitted to enter or remain permanently in Australia with your partner
  • you are entitled to work and study in Australia
  • you may enrol in Australia’s medical benefits expenses and hospital care scheme, (Medicare).
  • you may be eligible to receive certain social security payments (as you are exempt from the two year Newly Arrived Residents Waiting Period)
  • you may be eligible to apply for Australian citizenship (subject to the residency eligibility criteria)
  • you are permitted to enter or remain in Australia with your partner.

For more information on these visas or to arrange for a consultation with us, please do not hesitate to contact one of our solicitors and Registered Migration Agents on our contact page.

Prospective Marriage visa (Subclass 300)

A Prospective Marriage visa is a temporary visa. It will remain valid for 9 months from the date the visa is granted so that you can enter Australia and marry your partner (or fiancé). This visa may be helpful for those who are not able to apply for a partner visa. We highly recommend that you organise a consultation with one of our Registered Migration Agents to discuss if this visa an option for you.

To be eligible for a Prospective Marriage visa, you must:

  • be sponsored;
  • be over 18 years of age, and
  • genuinely intend to marry your spouse, and
  • genuinely intend to live with your intended spouse as husband and wife

Please note that visa applicant will need to abide by the following conditions:

  • must enter Australia before they marry their fiancé
  • may leave and re-enter Australia as many times as they wish before their visa ceases (nine months after visa grant)
  • can work in Australia
  • can apply for a Partner visa in Australia after they marry their fiancé
  • can study, but they will not have access to government funding
  • may use Australia’s medical expenses and hospital care assistance scheme, Medicare, but only if they are in Australia and have already applied for a Partner visa.

Talk to us today about applying for a Spouse Visa – Contact Us

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