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There are 3 types of visa under this category:
- Legal Marriage
- De facto Relationship
- Prospective Marriage
To ensure the genuineness of a relationship, Australian Immigration requires the Partner visa application for Legal Marriage and De Facto Relationship to be processed in two stages:
- Stage one: Temporary Partner Visa (Offshore Visa subclass 309/ Onshore Visa subclass 820)
- Stage two: Permanent Partner Visa (Offshore Visa subclass 100/ Onshore Visa subclass 801)
Generally, the applicant will be granted a Temporary Partner Visa if all the legal criteria for the grant of the visa are met. After a period of approximately 2 years as a temporary resident, the visa holder can apply for a Permanent Residence Visa provided the relationship still exists along with other conditions. In some cases, the applicant can apply for a Permanent Partner Visa directly. Please contact Azurra Migration for further information.
Prospective Marriage or Fiancé Visa (Visa subclass 300)
This visa allows the applicant to enter Australia and marry their sponsoring fiancé(e) within the visa’s 9-month validity period. The applicant’s fiancé(e) must be an Australian citizen, permanent resident or eligible New Zealand citizen.
The applicant must meet the following requirements:
- The applicant is a parent of a child or stepchild who is either an Australian citizen, permanent resident or eligible New Zealand citizen.
- The applicant’s children must have been living in Australia for a reasonable period of time (minimum 2 years in general) and be willing to provide sponsorship to the applicant.
- The applicant is also required to meet the balance of family test, which requires either at least half of the applicant’s children live permanently in Australia, or more of the applicant’s children live permanently in Australia than in any other country.
Parent Visas generally have two types (each with its own subclasses):
- Parents Visa (Non-Contributory) – A quota is applied every year. Once the quota is reached, no further applications will be processed in that year and any remaining applications will be placed in a queue for future processing. Applicants for this subclass usually need to wait many years (up to 30) before their applications are assessed, due to the significant backlog.
- Contributory Parents Visa– Expensive fees apply but the processing period is much shorter (usually 18-24 months). Every applicant is required to spend at least AUD 40,000 for the application fees.
For further information about Parent Visas, please contact the Azurra Migration team.