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Australian Marriage Visa

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  • Purpose of an Australian Marriage Visa

    The purpose of obtaining an Australian marriage visa is to allow partners or fiances of Australian residents to join them.  There are many different visas depending on the exact situation and goals of the applicants, and there are multiple steps along a complicated pathway.  Ultimately, the goal is to give permanent residence to the applicant so the couple can remain together in Australia for the rest of their lives.

    As this can be a challenging process both legally and emotionally for the applicants, it’s can be extremely beneficial to get professional assistance.  An immigration expert can help to make sure the couple will be together as soon as possible, so they can get on with their lives.

    Different Versions of Australian Marriage Visa

    Which version of the visa to apply for depends on whether the couple is applying from inside or outside of Australia.  From inside, you can apply for the partner temporary visa (subclass 820), and wait two years to prove the relationship is still valid.  After that, you can apply for the permanent visa (subclass 801).

    Applying from outside of Australia has a few options.  First, it’s also possible to apply for a provisional partner visa (subclass 309) and to hold it for two years before applying for a permanent visa (subclass 100).  However, these are different than the visas applied for from inside, so you must decide in advance which pathway you choose to follow.

    There is also a prospective marriage visa (subclass 300) for those who want to apply before they are married. After marriage, the couple can follow one of the two pathways listed above.

    Partner Visa for Australia (subclasses 820 and 801)

    This is the Australian marriage visa that is applied for from inside of the country.

    This visa can be for multiple scenarios:

    • Australian visa for husband
    • Australian visa for wife
    • Australian de facto visa
    • Civil union visa

    In order to be eligible, the applicant must be a spouse or de facto partner of Australian citizen, Australian permanent resident, or New Zealand citizen.  Additionally, the couple must be in a genuine and ongoing relationship that both parties agree to.  Next, they must live together, or be only temporarily apart.

    The first stage is a temporary visa which allows the holder to stay, work, and study in Australia until a decision is made about the permanent visa.  Also, it allows you to enrol in Medicare and bring dependent children, but not any other dependent relatives.

    The permanent visa allows the holder to stay forever.  Additionally, they can apply for citizenship (if meeting other eligibility requirements), sponsor other relatives, and travel internationally for five years (they will need to update the visa after this time).

    Provisional Partner Visa (subclass 309) and Migrant Partner Visa (subclass 100)

    This Australian marriage visa is applied for from outside of Australia.

    This visa can also be used for the same scenarios as the subclass 820:

    • Australian visa for husband
    • Australian visa for wife
    • Australian de facto visa
    • Civil union visa

    All other aspects of this visa are very similar to the previous visa, but the main difference is that this one is applied for before the partner is in the country.

    Prospective Marriage Visa (subclass 300)

    This is another visa that is applied for from outside of Australia, and it can also be referred to as an Australian fiance visa.  It is a temporary visa that is valid for nine months, but allows the holder to get married and apply for one of the visas mentioned above.  It is for people who intend to move to Australia to marry an Australian citizen, permanent resident or New Zealand citizen.  The holder of an Australian fiance visa is permitted to enter, live, study, and work in Australia before getting married, but the couple must intend to live together as married couple in Australia after marriage.

    Period of Two Years

    Most visas require a temporary waiting period of two years before being able to apply for a permanent version.  If this time ends, however, there are other exceptions that can allow the visa holder to stay in Australia.  One example is being able to remain because the couple has children together.

    If you find yourself in this unfortunate scenario of a relationship ending within this time period, we recommend that you speak to an immigration lawyer to try to find a way to remain that you are eligible for.

    Awards Won

    • Finance Monthly – Law Awards 2017: Migration Law Firm of the Year – Australia
    • Lawyer Monthly Legal Awards 2016: Migration Lawyer of the Year
    • AI M&A Award 2015: Most Innovative Migration Firm Australia

    For all matters concerning Australian marriage visas, contact The Migration Place today.