Are you looking to join your partner in Australia? Are you afraid that you do not fulfill the eligibility criteria? Fear not, we will help you get to the bottom of this. Before you embark on this journey of love and togetherness, it’s crucial to understand the eligibility criteria for this visa. In this comprehensive guide, we’ll break down the key requirements you need to meet to apply for a Partner Visa in Australia.
What is an Australia Partner Visa?
An Australia Partner Visa is a type of visa that allows a person to live, work, and study in Australia with their partner. Your partner has to be a citizen of Australia or someone who is a permanent resident of the country. Additionally, the partners of citizens of New Zealand are also eligible for this visa.
This visa is to help reunite genuinely committed couples and substantiate their relationships. They can be either married or in de facto partnerships. Please note that Australia does not discriminate between married and unmarried couples. Here is the updated information on the Australia Partner Visa Guide 2023.
There are two main types of Australia Partner Visas:
- Temporary Partner Visa (Subclass 820): As a holder of this visa, you can live in Australia with your partner temporarily. During this time, your permanent visa will be processed.
- Permanent Partner Visa (Subclass 801): Only temporary visa holders can apply for this visa and can extend their stay in Australia. You can apply for this visa once two years have passed since your application for the temporary visa. As a holder of this visa, you will be eligible for the same rights and benefits as your partner.
Let us now discuss the Australia Partner Visa Eligibility criteria for you.
Australia Partner Visa: What is the Eligibility Criteria?
1. Your Immigration History
Before applying for the Australia Partner Visa, make sure you have not had a visa canceled or refused before. In some cases, you can apply for a permanent visa even with a troublesome past. For more information on this, check the Department of Home Affairs website.
2. Regional Visa Holders
If you hold or previously held certain regional visas, specific time requirements apply. For visas like Skilled – Independent Regional (Provisional), you need at least two years. For Subclass 491 or 494, you must hold them for at least three years.
3. Age Requirement:
If married, applicants must usually be 18 or older due to Australian marriage laws. De facto relationship applicants must also be 18 or older.
4. Location at time of Application
To be eligible for this visa, your location at the time of application does not matter. However, you have to be inside Australia on either a temporary visa or a tourist visa in Australia when the decision on your application is made.
5. Sponsor Requirement:
You must have a sponsor, usually your partner, and this sponsor must be approved by the authorities. Changing your sponsor is generally not allowed.
6. Relationship Status
The Australia Partner Visa requires you to have a committed relationship with your spouse, your partner, or your de-facto partner. You also have to be an Australian citizen, a permanent resident of Australia or an eligible citizen of New Zealand. This requirement applies when applying and during the decision-making process. Please note that Australia recognizes homosexual couples. You can have a homosexual or a heterosexuals’ relationship to be eligible for this visa.
7. Valid Marriage or De Facto Relationship
Your marriage must be valid under Australian law. De facto partners must meet specific criteria, including a 12-month relationship requirement, although exceptions exist.
8. Health and Character Requirements
Both you and all your family members and children who are depending on you must comply with Australian health requirements. Additionally, all of you need to meet the character requirements for Australia.
9. Should have no Debt to the Australian Government
If someone from your family has any pending debts to the Australian government, you need to pay them off before you can apply for the visa.
10. Best Interest of the Child
The Australian government is extremely concerned about your children. If the ministry feels that it is not in the best interest of the child to grant you or your partner the Australia partner visa, they may reject your request.
How can The Migration help you with your Australia Partner Visa Application?
Love knows no borders, and Australia’s Partner Visa program is here to help you unite with your significant other on this exciting adventure. However, obtaining a Partner Visa (subclass 820) in Australia is a significant step towards building a life with your loved one. However, navigating the eligibility criteria is essential to ensuring a smooth application process.
Be sure to consult with our immigration experts. Under the dynamic leadership of Nasir Nawaz, a registered migration agent of Australia, our team deals with all your concerns and help you reach your final destination in no time.
Q1. Can I Apply for a Partner Visa if I’m in a Long-Distance Relationship?
A1. Yes, you can apply for an Australia Partner Visa even if you are in a long-distance relationship. However, it is important you provide strong evidence of your relationship and your commitment to each other.
Q2. What Happens If My Relationship Breaks Down After Getting the Temporary Partner Visa (Subclass 820)?
A2. If your relationship breaks down after you’ve been granted the temporary Partner Visa (Subclass 820), you should consult with immigration authorities. They may grant you the permanent partner visa if you can demonstrate that you entered the relationship genuinely but it ended due to compelling and compassionate circumstances, such as domestic violence.
Q3. Can I Include My Children in My Australia Partner Visa Application?
A3. Yes, you can include your dependent children in your Partner Visa application. However, they must meet certain eligibility criteria and may need to undergo health and character assessments.
Q4. Do We Have to Get Married for the Australia Partner Visa?
A4. No. You do not have to be married to be eligible for the Australia Partner Visa. You can be in a de-facto partner relationship. However, in either case, you have to show proof of your committed relationship.