Family Migration – PARTNER

FAMILY MIGRATION – PARTNER

VISA CATEGORIES

Family Migration - PARTNER

Prospective Marriage, subclass 300

Family Migration - PARTNER

Partner, subclass 309/820 – Provisional

Family Migration - PARTNER

Partner, subclass 100/801 – Permanent

Prospective Marriage, subclass 300

For people from overseas to enter Australia, before marrying their fiancé. Their fiancé must be an Australian citizen, Australian permanent resident or Eligible New Zealand Citizen.

-ELIGIBLE NEW ZEALAND CITIZEN-

A New Zealand citizen who at the time of their last entry to Australia would have met their health and character checks and:

Held a Subclass 444 (Special Category) visa on 26 February 2001

Held a Subclass 444 visa that was in force for at least one year in the two years before 26 February 2001, or

Has a certificate, issued under the Social Security Act 1991, that states the citizen, for the purposes of the Social Security Act, was residing in Australia on a particular date (Centrelink stopped accepting applications for these certificates on 26 Februrary 2004)

Prospective Marriage visa is a temporary visa that is valid for 9 months. Visa holder must enter Australia as a fiancee and marry sponsor within the period the visa is valid. Same-sex couples are not eligible for this visa.

Main criteria (Primary Applicant)

  • Age 18 years or over (in case of having an Australian court order allowing to marry – at least 16)
  • Met sponsor in person
  • Genuine intention to marry sponsor
  • No impediments to marry intended spouse
  • No substantial criminal record
  • Good health

Main criteria (Sponsor)

  • Permanent resident, Australian citizen or eligible New Zealand citizen
  • Age 18 years or over (in case of having an Australian court order allowing to marry – at least 16)
  • No impediments to marry intended spouse
  • Sponsor is eligible to provide sponsorship (sposnorship limitations apply)
  • sponsor or other nominated person provides Assurance of Support including security bond, if requested

Partner, subclass 309/820 – Provisional

Partner, subclass 100/801 – Permanent

For de facto (including same sex relationship) and married partners of permanent residents, Australian citizens and eligible New Zealand citizens.

-ELIGIBLE NEW ZEALAND CITIZEN-

A New Zealand citizen who at the time of their last entry to Australia would have met their health and character checks and:

Held a Subclass 444 (Special Category) visa on 26 February 2001

Held a Subclass 444 visa that was in force for at least one year in the two years before 26 February 2001, or

Has a certificate, issued under the Social Security Act 1991, that states the citizen, for the purposes of the Social Security Act, was residing in Australia on a particular date (Centrelink stopped accepting applications for these certificates on 26 Februrary 2004)

2 STAGE PROCESS:

  1. Provisional visa grant
  2. Permanent visa grant after 2 years being in genuine relationship with sponsor (in some circumstances 2 year waiting period can be waived)

Main criteria (Primary Applicant)

  • Age 18 years or over (in case of having an Australian court order allowing to marry – at least 16)
  • In 12 months genuine de facto relationship with sponsor, OR
  • In genuine marriage relationship with sponsor
  • No substantial criminal record
  • good health
  • Good health

Main criteria (Sponsor)

  • Permanent resident, Australian citizen or eligible New Zealand citizen
  • Age 18 years or over (in case of having an Australian court order allowing to marry – at least 16)
  • Sponsor is eligible to provide sponsorship (sposnorship limitations apply)
  • Sponsor or other nominated person provides Assurance of Support including security bond, if requested