If you are the partner of Australian permanent resident, Citizen or eligible NZ Citizen, then there may be several visa options available for you to migrate to Australia. Therefore, the status of your relationship and whether you are in or outside Australia, will determine what visa you is suitable for you.
Partner visas require that you and your partner satisfy one of the following are prerequisite:
- Are married; or
- Are engaged to be married; or
- Are in a de facto relationship for 12 months; or
- Are in a de facto relationship for less than 12 months but have registered your relationship; or
- Are in a de facto relationship for less than 12 months but your circumstances are compelling
If you are in Australia
The Subclass 820/801 is combined application available to applicants who are currently inside Australia. As described above, the visas require that you and your partner are either married or in a de facto relationship and can show a mutual commitment to a shared life together to the exclusion of all others. You will first be granted the temporary Subclass 820 visa which will then lead you to the permanent Subclass 801 following two years from the first combined application.
If you are outside of Australia
The Subclass 309/100 is also a combined application available to applicants who are currently outside Australia. The requirement of the 309/100 mirror those of the 820/801 insofar that you must be married or in a de facto relationship. As with the 820/801, you will generally first be granted the temporary Subclass 309 visa first which will then lead to the permanent Subclass 100 following two years from the original combined application.
The Subclass 300 (Prospective Marriage) visa is available to applicants who are currently outside Australia and are engaged to their Australian partners. This visa is suitable for people in relationships who are not yet ready to get married, or cannot meet the evidence requirements of proving they are a de facto couple. Therefore, the Subclass 300 is used as a bridge for applicants to enter Australia, get married, and then apply for the onshore Subclass 820/801 described above.
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