Applying for an Australian Partner Visa is a significant decision and requisite part in the process of reuniting couples to commence their life together in Australia. It is important to know how partner visas work, particularly for de facto couples to help you avoid delays or refusals. This manual breaks down Australian Partner Visas (Subclass 820/801 & 309/100) for you in easy to understand language and explains the de facto partner visa process, what is involved, and what you need to submit as evidence.
What is a De Facto Partner Visa?
A de facto partner visa enables couples who can prove they are in a true and on-going relationship but not legally married to live together in Australia. The Australian immigration legislation accords de facto partners the anamolous status of virtually married couples, but is very keen on how evidence should lead your application.
In order to be considered de facto partners you will usually need to demonstrate:
- You have been in a de facto relationship for 12 months or more (unless an exception applies)
- You’re living together or share a domestic life
- You’re committed to each other, and know the relationship isn’t going anywhere.
- You are economically and socially responsible for each other.
Types of Australian Partner Visas
Australia offers two main partner visa streams, depending on where the applicant applies from.
Types of Australian Partner Visas
Australia provides two partner visa streams when applying from Australia.
Subclass 820/801 – Onshore Partner visa
There are a thing as many as you can make regarding an Onshore partner visa. Who can you include in the partner visa 820? The Partner Visa 820 is an in Australia application. The relationship may later be considered for the permanent Subclass 801 visa, once all conditions have been met.
Key points:
- You must be onshore in Australia to apply
- First is provisional visa (820)
- Permanent stage (801) is determined at a later union, and.
- Applicable to married and de facto couples
Subclass 309/100 – Partner Visa Offshore
The Subclass 309 is the temporary partner visa offshore and also the permanent Subclass 100 visa. This is the route taken if the applicant is offshore or out of Australia when he/she applies for PR.
Key points:
- Applicant applies from outside Australia
- Relationship evidence is considered in Tier before admission
- Permanent Stage Permanent stage If the temporary visa has less points.
Partner Visa Requirements You Must Meet
Meeting partner visa requirements is critical for a successful application. The Department of Home Affairs assesses applications based on four key relationship aspects:
1. Financial Aspects
Evidence may include:
- Joint bank accounts: Showing active, shared financial management.
- Shared bills or expenses: Utility accounts or household purchases in both names.
- Joint ownership or leases: Legal documents proving shared responsibility for assets or your home.
2. Nature of the Household
This shows how you live together, such as:
- Shared accommodation: Evidence that you reside at the same address.
- Household responsibilities: Documentation of how you share chores and daily tasks.
- Living arrangements over time: A history of your cohabitation and domestic life.
3. Social Aspects
This demonstrates how your relationship is recognised by others:
- Joint invitations or events: Attendance at weddings, parties, or community gatherings together.
- Photos with family and friends: Visual evidence of your integration into each other’s social circles.
- Statements from witnesses: Support from friends and family (such as Form 888s) confirming the relationship.
4. Nature of Commitment
This reflects your long-term intentions:
- Relationship statements: Personal declarations from both partners outlining your history.
- Plans for the future: Evidence of combined long-term goals and milestones.
- Evidence of emotional support: Documentation showing you are each other’s primary support system.
Common Mistakes in De Facto Partner Visa Applications
Most de facto partner visa refusals are due to reasons that could be avoided, such as:
- Insufficient relationship evidence
- Inconsistent documents or dates
- Weak personal statements
- Assuming cohabitation alone is enough
Careful planning and good record keeping is necessary particularly when applying for the Partner visa 820, that receive the highest level of scrutiny.
Partner Visa Processing Times How long will my Partner visa application take?
Application quality, relationship complexity and case volumes determine processing times. Applications with organized evidence are better than those that are shoddy.
Why Professional Advice Matters
Partner visa application is a legal jungle and an emotional roller-coaster. Couples who do apply alone are often found exercising a considerable amount of caution in order to comply with the laws and keep risks down. A methodical approach ensures your relationship is displayed in a clear and coherent manner in Australia immigration law.
Conclusion
De facto partner visa Explained Understanding partner visa options and partner visa requirements is crucial to a successful application for Partner visa 820 or offshore pathways under Subclass 309/100 . Each case is different and good preparation can make a big difference to the result.
If you are looking to apply for an Australian partner visa, contact an experienced immigration agent Sydney who will help assess your eligibility and assist in ensuring your evidence is strong and avoiding expensive errors.
