De Facto Partner Visa & Prospective Marriage Visa in Australia - Application & Appeals
At Tang Law, we understand how important it is to be with your loved one and feel secure that you can live together freely and without legal limitations. Before applying for any partner or marriage visa, ask yourselves the following questions:
- Are you currently in a relationship with an Australian citizen, permanent resident or an eligible New Zealander?
- Is that person willing to sponsor you as their partner?
- Can you also meet the health and character criteria?
You must be able to answer “yes” to all of these questions before proceeding. Once you are sure of your eligibility, you can then choose which type of visa wold suit your current situation. The following types of visa you may qualify for are:
Prospective Marriage Visa (Subclass 300)
This visa allows people to come to Australia to marry their prospective spouse.
If you are granted this visa, you should marry your prospective spouse and apply for a Partner (subclasses 820 and 801) visa before your Prospective Marriage visa (subclass 300) expires. You must marry your prospective spouse within nine months of coming to Australia
De Facto Partner Visa (Subclasses 820 and 801)
The Partner visas (subclasses 820 and 801) allows your partner to live in Australia. As a couple, you must have been in a de facto relationship for at least 12 months before filing the application. The Partner visa (subclass 820) is a temporary visa. It lasts from the date it is granted until a decision is made on your permanent Partner visa (subclass 801).
Your partner must be in Australia when you lodge your application and when a decision is made on the temporary Partner visa (subclass 820). He/she can be in or outside Australia when a decision is made on the permanent Partner visa (subclass 801).
Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)
The Partner visas (subclasses 309 and 100) allows your partner to come and live in Australia. As a couple, you must have been in a de facto relationship for at least 12 months before filing the application. The temporary Partner (Provisional) visa (subclass 309) is granted first and lets you stay in Australia while the permanent Partner (Migrant) visa (subclass 100) is processed.
Your partner be outside Australia when you lodge your application and when a decision is made on the temporary Partner visa (subclass 309). You can be in or outside Australia when a decision is made on the permanent Partner visa (subclass 100).
Each type of visa has its own eligibility requirements that can get quite complex and confusing.
Australian Immigration law is highly complex and yet delicate in that a minor mistake or mere oversight can lead to your case being unsuccessful. Moreover, our Migration Law is constantly changing with new rules introduced regularly. It is best that you consult a specialist, particularly an experience migration lawyer to help you sort through the technicalities and paperwork required to apply for your chosen visa type. At Tang Law, our team of reliable migration agents and lawyers will assist you in making your visa application to Australia as easy and seamless as possible.
Our Practice also includes:
Tang Law has handled more than 557 Family Law related matters since 2002. We cover a wide range of family law matters including pre-nuptial agreements, separation and divorce matters, child custody and support, and family violence restraining orders and safety.
We have been providing legal advice and representation to clients regarding their businesses and other commercial law concerns since 2002. Our commercial law practice covers purchase and sale of a business, licensing and franchising agreements, formation and dissolution of partnerships and corporations, and business contracts and general legal advice.
We have successfully assisted more than 1690 clients to file their visa applications, to appeal for visa cancellation or refusal and provided business migration support in past 10 years. Our migration law practice covers application for visas and citizenship, appeals for visa cancellation and refusal, criminal deportation reviews and appeals, and migration compliance support services.