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Spouse/Fiance Visa   arrow

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1. Spouse / Partner 820/801 Visas

You must be in Australia when you apply for these Partner visas and when they are decided.

You lodge one application form for your Temporary Partner (820) and Permanent Partner (801) visas and pay one application charge. Your application is processed in two stages, about two years apart.

Requirements:

  • Must be validly married to or in a de facto relationship with an Australian citizen or Australian permanent resident or Eligible New Zealand citizen.
  • Marriage must be valid under Australian law
  • If in a de facto relationship, must exist for at least 12 months (time dating not included) subject to exceptions

Rights of visa holders:

Temporary Partner (820) Visa holders:

  • – Stay in Australia until a decision is made about your permanent Partner visa
    – Work and/or study in Australia
    – Eligible for Medicare benefits

After about 2 years from filing for a Temporary Partner (820) visa, you will be assessed for a Permanent Partner (801) visa.

Permanent Partner (801) Visa holders:

  • Stay in Australia indefinitely
  • Work and/or study in Australia
  • Apply for Australian citizenship after 4 years’ residence
  • Sponsor eligible relatives for permanent residence

2. Spouse / Partner (309/100) Visas

You must be outside Australia when you apply for Partner (Provisional) 309 visa and when it is granted. You can be in or outside Australia when Partner (Migrant) 100 visa is granted.

You lodge one application form for your 309 and 801 visas and pay one application charge. Your application is processed in two stages, about two years apart.

Requirements:

– Must be validly married to or in a de facto relationship with an Australian citizen or Australian permanent resident or Eligible New Zealand citizen.

– Marriage must be valid under Australian law
– If in a de facto relationship, must exist for at least 12 months (time dating not included) subject to exceptions

Rights of visa holders:

Partner (Provisional) 309 Visa holders:
– Enter and stay in Australia until a decision is made on your Partner (Migrant) 100 visa
– Work and/or study in Australia
– Eligible for Medicare benefits

After about 2 years from filing for a Partner (Provisional) 309 visa, you will be assessed for a Partner (Migrant) 100 visa.

Partner (Migrant) 100 Visa holders:
– Stay in Australia indefinitely
– Work and/or study in Australia
– Apply for Australian citizenship after 4 years’ residence
– Sponsor eligible relatives for permanent residence

3. Fiance / Prospective Marriage (300) Visa

This visa is for those who want to come to Australia to marry their prospective spouse.
Temporary visa for nine months.
You must be outside Australia when you lodge your application and when the visa is granted.
You can have the wedding in any country: the wedding does not need to be in Australia.

Rights of Prospective Marriage (300) visa holder:

  • Enter Australia before you marry your prospective spouse
  • Travel in and out of Australia as often as you want
  • Work in Australia and/or study in Australia
  • Apply for a Partner visa in Australia after your marriage.

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