A Partner visa option is available to the spouse or de facto partner of an Australian permanent resident, an Australian citizen or an eligible New Zealand citizen.
A person can sponsor only twice in their lifetime and at least five years must have elapsed between sponsorships although the restriction can be waived in compelling circumstances.
The de facto relationship requires a cohabiting of twelve months before lodging the visa application.
However, the twelve-month requirement can be circumvented by registering the relationship in a state or territory which facilitates relationship registration. The critical point to be noted is that the relationship can be registered and updated even after the lodgment and before the application is finally determined.
An individual intending to marry after entering Australia may apply for a Prospective Marriage visa. It can be only applied from outside Australia and permits the holder to enter and remain in Australia for nine months. If a couple marries before the visa is granted, the department must be updated to have the existing application assessed against Partner (subclass 309) visa criteria.
It is possible to lodge an offshore spouse (subclass 309) visa before marrying your partner. However, you would need to marry offshore before a decision is made on the application. So, for some people, it will bypass the prospective marriage visa step; hence, it saves money and time.
At the outset, applicants apply for permanent residency but are granted a temporary visa that permits them to reside in Australia until the permanent visa application is determined. The final consideration is given after two years of the initial application date provided the relationship is continuing unless the death of the sponsor or the applicant is a victim of domestic violence.
In addition, the two-year period can be waived for long-standing relationships. Partner visas appear to be straightforward, but the legislation can be complex. A small mistake can be terribly expensive.
Quantum Migration has the expertise and a proven track record of successful outcomes in spouse visas. To stay closer to your loved ones, book your appointment today.