Our legal services include assisting clients with Australian Immigration & Visa matters, including Australian Partner, Spouse and Prospective Marriage Visa applications.
Australian Partner Visa – subclass 309/100 & 820/801
You can apply for this Visa if you are a Spouse or unmarried Partner ( De-Facto Spouse) of an Australian Citizen, Australian Permanent Visa holder or Eligible New Zealand Citizen.
To apply for this Visa, you need to show that your relationship is exclusive, genuine and has been on-going for the relevant period. In most cases this will be 12 months prior to the application date. You must be sponsored by your Australian Partner. The Partner must be eligible to sponsor you. In some cases sponsorship limitations may apply.
As part of the application, you will be required to evidence various aspects of your relationship such as how you share finances, social aspects, level of commitment and other factors. Our Australian migration agents have been successfully handling Australian partner visa applications for many years. We are best equipped to advise our clients on documentation required by the Australian Immigration authorities and provide a helping hand throughout the lengthy Visa process.
As part of our service, our team will advise you on evidence you should provide to make a strong and complete Visa application. Poorly evidenced applications risk being refused. Our agents work tirelessly to ensure our clients’ applications meet the legislative and current Australian Migration policy criteria, which ensures a smooth and successful visa process.
All applicants must pass the health and character test as part of the application process, unless a waiver can be granted.
From November 2016, as part of the Australian Government commitment to reduce violence in the Australian community, Australian Sponsors must pass the character test.
Australian Partner Visa – Visa Validity
The Australian Partner Visa can be permanent or temporary.
The Permanent Visa is generally granted to applicants who have been in a relationship with their Australian partners for at least 3 years. This period is reduced to 2 years if there is a child from the relationship.
To apply for the Temporary Visa you need to show that your relationship has existed for at least 12 months immediately before making the application. The Temporary Visa leads to permanent residency, which can be applied for after 2 years.
Australian Partner visas come with work rights.
Where and how to apply
The Partner Visa applications are lodged electronically with the Australian Department of Home Affairs.
You can be outside or inside Australia when the application is submitted. Applicants in Australia are issued with a Bridging Visa which allows them to remain lawfully in the country until the Partner Visa is decided on. You must apply whilst your substantive Visa is still valid. You cannot apply onshore if your substantive Visa comes with a “no further stay” condition or if there are other matters preventing you from making a valid in-country application.
Australian Partner visa application cost
From 1st July 2019, the Australian Partner visa fee, including Spouse and Prospective Marriage Visa applications cost is AUD$7,715.
There is AUD$1,935 fee to add a dependant child under the age of 18 is AUD$1,935 and AUD$3,860 to add a dependant over the age of 18.
The application fee is payable in full upon submission of the application to the Australian Immigration Department. The fee is non-refundable.
In addition, applicants must budget for medical and police reports.
Australian Prospective Marriage (Fiancé/Engagement) Visa
The Prospective Marriage Visa (Subclass 300) is for applicants engaged to an Australian Citizen, Australian Permanent Resident or Eligible New Zealand Citizen. This is a temporary visa, valid for nine months. This is an offshore Visa application. You cannot apply for this Visa whilst in Australia.
From 9th December 2017 as a result of introduction of the Marriage Amendment (Definition and Religious Freedoms) Act 2017, same sex couples can apply for the Prospective Marriage Visa.
To apply for this Visa you need to show your relationship is genuine and you have intention to marry your Partner. You must marry your partner within 9 months from Visa grant. You can apply for the Australian Spouse Visa once you are married. Applicants must pass the health and character test.
Prospective Marriage visa application cost
The Visa applications fee is AUD$7,715 for applications lodged on or after 1st July 2019.
The cost of adding a dependant child under the age of 18 is AUD$1,935 and AUD$3,860 to add a dependant over the age of 18.
The application fee is payable in full upon submission of the application to the Australian Immigration Department. .
Australian Partner Visa – Processing Times
The Visa application processing times can be lengthy, so it is best to make a start with the application once you have decided on relocation plans. The processing times fluctuate from time to time. How quickly a visa is processed depends on a number of factors, such complexity of the case, yearly family visa allocation quota, a number of applications in the pipeline and other factors. Submitting a complete, decision-ready application will certainly help finalising the application in the shortest time possible.
How we can assist
Our team of Solicitors can look at the Australian Partner Visa options for you and advise on the best Visa route based on your individual circumstances, available evidence, your migration plans and current migration rules and policies.
We work with you on the required documentation, we certify documents free of charge, we prepare, submit and manage the entire Visa application whether you are in or outside Australia. We have an exceptionally high success rate due to our expertise, diligence and years of experience in practical application of the Australian Migration laws and regulations.
We are part of Berkeleyme Global Holding, a highly reputable law firm based in London, right opposite the Royal Courts of Justice and 5min walk from the Australian High Commission in the Strand.