Partner Visas

The majority of places within the family program are for partner visas. Partner visas are for married spouses, de facto partners, and prospective spouses (fiancés). As a result of the Same-sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Act 2008, same-sex partners can apply for partner visas. Prior to 1 July 2009 same-sex relationships were provided for through the interdependent visas sub-classes 310, 110 and 826, 814.

MARRIAGES MUST BE VALID UNDER AUSTRALIAN LAW!
Assessment of Partner Visas!

The critical issue for all partner (married or de facto) visas is the assessment as to the “genuineness” of the relationship i.e. is it a genuine relationship or is it one that is contrived for migration purposes.

Spouse and De Facto Partner Visas (Subclass 309/100 & 820/801)

  1. Partner Temporary (Class UK); Partner Provisional (Class UF);
  2. Partner Residence (Class BS); Partner Migrant (Class BC)

De Facto Couples

"De facto partner" and "de facto relationship" are defined at section 5CB of the Act and Reg.1.09A and 2.03A of the Migration Regulations.

Regulation 2.03A specifies additional requirements for a de facto partner. In summary, both parties must be at least 18 years old when the application is made [r2.03A(2)], and the Minister must be satisfied that the applicant has been in the de facto relationship for at least 12 months before the date of the application (r 2.03A) unless there are compelling reasons not to apply the 12 month requirement, or the relationship is with the holder /applicant for a permanent humanitarian visa, or the relationship is registered.

Regulation 1.09A mirrors the requirements of r 1.15A. The genuineness of the de facto relationship will be assessed with regard to the financial aspects of the relationship, nature of the household; social aspects of the relationship; nature of the commitment. Additionally, Regulation 2.03A Criteria applicable to de facto partners.

We are here to help you on De Facto Partner Application

Prospective Marriage Temporary (Class TO) Visa Subclass (300)
This visa, commonly known as the fiancé visa, is for persons wishing to come to Australia to marry their sponsor, who must be an Australian citizen, Australian permanent resident, or eligible NZ citizen.

One of the requirements for the prospective marriage visa is that there must be no legal impediment to the marriage under Australian law. This is a requirement at time of decision rather than at time of application. It is possible for someone who is still legally married (but, for example, has applied for divorce, which is likely to become absolute soon) to sponsor, or be sponsored, as a fiancé(e) under this visa, providing both parties will have become free to marry at time of decision.

The prospective marriage visa will be valid for 9 months upon grant. Prior to grant, the overseas post will usually require the applicant to produce a letter from a marriage celebrant detailing the arrangements, including dates, for the intended marriage and confirmation that Notice of Intended Marriage has been lodged with the relevant government department. The applicant must then enter Australia, marry their sponsor and apply for the spouse (820/801) visa all within this nine-month period.

Partner (309/100 & 820/801) Visas

The Partner visa is a two stage process (temporary and permanent), and an applicant applies for both visas using one application form and paying only one application fee. The applicant must be sponsored by his/her respective spouse or de facto partner, who must be an Australian citizen, Australian permanent resident or eligible NZ citizen. If either party to the marriage is domiciled in Australia, both parties must have turned 18 at time of the marriage for it to be valid under Australian law, unless they marry under a court order. If the sponsor is under 18, then the sponsor’s parent or guardian may act as sponsor on behalf of the Australian spouse, providing the parent or guardian is an Australian citizen, Australian permanent resident or eligible NZ citizen.

Say hello 02 8006 VISA (8472) or simply flick an email to hello@qantara.com.au and book an obligation free appointment!


We endeavour to provide fast, detailed responses to your enquiries within 1 to 2 business days. Your enquiry is confidential and very important to us and we do respect and value your privacy.

YOU'VE GOT QUESTIONS, WE GOT THE ANSWERS!

  • spouse de facto partner visa sub-class 300 and 309
  • spouse de facto partner visa sub-class 100
  • spouse de facto partner visa application sub-class 820
  • spouse de facto partner visa Australia sub-class 801
Can I apply by myself?
The simple and honest answer would be "YES, you can", if you are confident enough to interpret all legislative requirements to make a valid spouse / de facto partner visa application. However, if you are looking for an trustworthy and experienced migration consulting firm then you can choose Qantara Consulting.
My partner visa application has been cancelled, can a migration lawyer help me?
Well, it depends on the situations, i.e. the cancellation grounds. The good idea would be discussing your case with an experienced migration lawyer. Presumably, s/he can guide you to review the decision or lodge another application if possible or required. If you have received a Notice of Intention to Consider Cancellation (NOICC), please don't forgot to take that notice with you when you go for the consultation.
Can I book an obligation free assessment?
Why not? as we believe that "one of the greatest gifts you can give to anyone is the gift of attention." So simply say hello to 02 8006 VISA (8472) or flick an email to hello@qantara.com.au to book an obligation free appointment.
Where can you find us?
We are local Registered Migration Agent and Australia immigration & visa specialist located at Colyton NSW near Mount Druitt, Rooty Hill, Minchinbury, St Clair, Erskine Park, Oxley Park, St Marys, Claremont Meadows, Orchard Hills, Werrington, Cambridge Park, Whalan, Dharruk area.