The different types of relationships and the corresponding visas are listed below:
1. Prospective marriage 300 visa
2. Formally married relationship: Visa for partners 309/100 or 820/801
3. De facto partner relationship (including a same-sex relationship) Visa for partners. Visa for partners 309/100 or 820/801
There are five different kinds of visa subclasses: temporary 300 / 309 / 820 and permanent 100 / 801. Initially, partners who fulfil the legal requirements for visa issuance are given a temporary visa. After a qualifying period, or shortly after the temporary visa is issued if there is a long-term connection or children from that relationship, a permanent visa may be given.
The partner category migration permits Australian citizens, permanent residents, and qualifying citizens of New Zealand to bring their fiancé(e)s (planned spouses) to Australia temporarily.
You are not, however, automatically qualified for permanent residence in Australia as the spouse or fiancé of an Australian citizen, permanent resident of Australia, or eligible citizen of New Zealand. In order to live permanently in Australia, you must first apply for a permanent visa and be evaluated considering the legal requirements for that visa’s issuance.
Individuals whose visa has been revoked or refused during their previous trip to Australia may also be eligible for a partner visa. The Migration Act of 1958 (Act), section 48, applies to this denial or cancellation. As a result, while you are in Australia, you are only able to apply for specific classes of visas that are outlined in law, including bridging or protection visas.
But starting on September 14, 2009, if you fit specific requirements, you could be able to apply for an Australian Partner visa. These four conditions are:
1. You must not have had a partner visa refused since you last entered Australia.
2. You must not have had a visa refused or cancelled on character grounds under section 501 of the Act.
3. You must provide with your application a online form 40SP Sponsorship for a partner to migrate to Australia completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who declares that they are your spouse or de facto partner.
4. You must provide with your application two statutory declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizens (other than your partner) supporting the existence of your relationship with your partner. These declarations must be made not more than six weeks before the day the Partner visa application was made.
As the name implies, this visa allows Australian citizens, Australian permanent residents, and qualified citizens of New Zealand to enter and live permanently in Australia as married partners (i.e., opposite-sex spouses) and de facto partners (i.e., those in a same-sex relationship). At Time Migration Services, we handle obtaining this visa for you by using an exhaustive assessment, advice, and precise visa application procedure.
The partner visa can be largely classified into two categories: prospective marriage visa and partner visa, although having three main subclasses. The kind of relationship you are in will determine what kind of visa you need to apply for.
The general prerequisites listed below must be met in order to apply for this visa:
• A person who is eligible to be a sponsor and who meets the legal requirements must be your partner, fiance(e), parent, or guardian, if applicable, and who is an Australian citizen, permanent resident, or eligible New Zealand citizen.
• You must fulfil requirements related to your character and health.
• If you have dependent children or other family relatives, they may submit combined applications with your application that they fulfil specific criteria.
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