If you are in a married or de facto relationship with an Australian citizen, Australian Permanent resident or an eligible New Zealand citizen you may be eligible for this visa. There are two visa subclasses you can apply for depending on where you are located at the time of the application.
Partner visa comes in two stages. When you lodge a partner visa, you lodge for both the stages at one-go. One is the provisional stage, where you can live with your Partner for up to 2 years in Australia. By the end of two years, if you still continue to meet the requirements of the partner visa and you are still in a relationship with the sponsoring partner, you will then be eligible to apply for the permanent stage visa.
If you are applying from onshore (that is in Australia), you will apply for 820/801 partner visa. Your spouse or your partner must be either an Australian citizen, an Australian permanent resident or an Eligible New Zealand citizen to apply for this visa. To apply for this visa, you must be either legally married or have been in a de facto relationship for at least 12 months before you lodge your partner visa application and you must be in Australia when you apply for this visa.
Subclass 820 is the Partner (provisional) visa and Subclass 801 (Partner migrant) have to be applied for at the same time. That is, the fees for both these visa subclasses are combined as one. However, if your application is successful, you will be granted subclass 820 (provisional visa) first. You will be eligible for Subclass 801 two years after first applying for the 820 visa if you are still in a relationship with your Australian partner (sponsor) and make an application for subclass 801 visa by providing the required documentation.
If you are applying from outside of Australia (offshore), you will then make an application for 309/100 partner visa. The requirements for being eligible to lodge 309/100 visa are that you and your Australian partner are legally married or intend to legally marry before a decision is made on your visa or have been in a de facto relationship for at least 12 months before applying for the visa.
The partner visa category also includes Prospective marriage (Subclass 300) visa. This visa might suit you if you wish to marry your Australian fiancee. You have to be outside Australia at the time of lodgement and grant of the visa. This is a temporary visa for 9 months.
There are a lot of requirements to be satisfied in order to lodge a successful partner visa category application. As well, there are restrictions or limitations for the sponsor depending on a number of factors including any previous sponsorships they have made.
At Australia NZ Migration centre, we analyse the specific needs of your circumstances and advise you to submit the right documents for the smooth processing of the Partner visa.