This visa allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia. Average processing time for this visa is 12 to 20 months.
You Must be married or in a de facto relationship with:
● an Australian citizen
● an Australian permanent resident
● an eligible New Zealand citizen.
The temporary Partner visa (subclass 309/820) is the first stage towards a permanent Partner visa (subclass 100/801). About two years after you lodged your application for this visa, you will be assessed for a permanent Partner visa (subclass 801). You could be granted a permanent visa without having to fulfil the usual two-year waiting period if:
● your relationship breaks down and there is a child of the relationship
● your partner dies and you can show that your relationship would have continued if your partner had lived and you have close business, cultural or personal ties in Australia
● your relationship breaks down and you or members of your family unit have suffered family violence
● at the time you apply, you have been in a partner relationship with your partner for three years or more, or two years or more if you and your partner have a dependent child of your relationship.
Usually your de facto relationship must have existed for at least 12 months immediately before you apply for this visa. Time spent dating does not count towards a de facto relationship.
You can be granted a visa without having been in a de facto relationship for 12 months if:
● you can demonstrate compelling and compassionate circumstances, such as having dependent children
● your partner has been granted a permanent humanitarian visa and your de facto relationship existed before it was granted, and you told us about the relationship before the visa was granted
● your de facto relationship has been registered in Australia (this is not available in all states and territories).
You must also be older than 18 years of age and not be related to your partner by family. This means you cannot be an ancestor or descendant of one another, or have a parent in common.
Sponsorship might not be approved if you:
● were sponsored for a Partner or Prospective Marriage visa within the past five years
● have successfully sponsored two people for migration to Australia on a Partner or Prospective Marriage visa
● have successfully sponsored another person for migration to Australia on a Partner or Prospective Marriage visa within the past five years.
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