Family Visas

This includes immigration as a (spousal) partner of an Australian citizen or an Australian permanent resident (partner visa). The Australian partner must sponsor his or her partner wishing to migrate. It also includes immigration as a fiancé(e), parent or other relative of an Australian citizen or an Australian permanent resident.

The following are some of the Visa options that are available:

• The 300 Prospective Marriage Visa
• The 820/309 Temporary Partner Visa
• The 801/100 Permanent Partner Visa

The following are some of the Visa options for other/extended family members.

• The Dependent Children Visas (101,102, 445)
• The 103 Parent Visa
• The 143 Contributory Parents Visa
• The 804 Aged Parents Visa Visa
• The 115 Remaining Relative Visa

Prospective Marriage Visa (300)

This visa allows you to enter Australia and marry your intended spouse (fiancé(e)) within the visa’s nine (9) month validity period. The visa has to be applied offshore.

Your fiancé(e) must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

Who is eligible for Prospective Marriage Visa (300) ?

• You must genuinely intend to marry your fiancé(e).
• You must also genuinely intend to live with your fiancé(e) as husband and wife.
• You must be sponsored by an eligible sponsor. An eligible sponsor is an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations. Usually, the sponsor is your partner and is over 18 years old.
• You must be able to legally marry according to Australian law.
• You must be of the opposite sex to your intended spouse. (This visa is not suitable for same–sex couples. If you are in a same–sex relationship you should apply for the Partner visa based on de facto relationship grounds.)
• You must have met (as adults) your intended spouse in person and know him or her personally.

What this visa allows you to do:

• With this visa, you must enter Australia before you marry your fiance(é), may leave and re- enter Australia as many times as you wish before your visa ceases (nine (9) months after visa grant)
• You can work in Australia, can apply for a Spouse visa in Australia after you marry your fiance(é), can study, but you will not have access to government funding.
• If you marry your fiancé and lodge your Partner visa application before your Prospective Marriage visa expires, you will pay a reduced fee.
  Partner Visa (820/801, 309/100 )If you are in a relationship with an Australian citizen, Australian resident or eligible New Zealand citizen, you may be eligible for a partner visa. You must have evidence of a relationship with this person for at least the last 12 months, or have your relationship registered, or be married to the person in question (with no time requirements).

Applications can be made both in Australia and abroad, depending on your needs.

Onshore Application:

For onshore applicants, there are two types of partner visas:

A temporary visa (subclass 820) and a permanent visa (subclass 801). Even though they are technically different, applications for each are made together and included under the same fee.

Temporary visas are the ancestor to permanent visas, which launch permanent Australian residency. On a temporary visa, you can work and travel to and from Australia. After two years, you will be reassessed for a permanent visa, upon supplying further documentation of your relationship.

Under special circumstances, you may be able to “fast-track” your permanent visa. This is a possibility if you and your partner have been in a relationship for 3+ years, or if you have been in a relationship for 2+ years and have children together.

Offshore Application:

If you lodge your visa outside of Australia, you are still eligible for a temporary visa (subclasses 309), followed by a permanent visa (subclass 100). Yet again, the permanent visa status is assessed two years after approval of the temporary visa (with possibility of expediting the process if you are in a long-term relationship and/or have children).

Once your temporary visa has been approved, you are able to come live in Australia while your permanent visa is being processed.

Are you eligible? To determine eligibility, ask yourself these questions.

• Are you the spouse, fiancé or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen?
• If you are pursuing a de facto visa*, have you been in a relationship for at least 12 months or is your Relationship registered?
• If you are pursuing a marriage visa, are you married under legal Australian Law?
  *This visa is applicable to both same-sex and heterosexual couples
  **This does not include same-sex marriages, underage or polygamous marriages.)

Partner visas can be a tedious process, so turn to a us for answers to your queries and concerns. Australian Immigration & settlement service (AISS) can help you lodge your application &furnace your path to residency!

Contact Australian Immigration & settlement service today via email at info@australianiss.com.au or call directly on +61 401091819 to get further information on partner visa application.