At the time of application, we will ensure that the application is prepared for both a temporary and a permanent visa, and these are processed in two separate stages.

If successful, you will first be granted a temporary partner visa, allowing you to remain in Australia whilst a decision is made in relation to your permanent visa. This generally takes two years from the date your application was first lodged with the Department of Immigration and Border Protection. It will very likely be granted provided you are still in a relationship with your spouse or de facto and continue to meet the relevant requirements. If you are in Brisbane and need a solicitor migration agent to assist you with your partner or spouse visa, please contact us today.

The different types of partner visas are known by different ‘subclasses’. Each subclass has its own set of criteria that must be satisfied in order for it to be granted.

The different types you can apply for as the spouse or de facto of an Australian Citizen, Permanent Resident of eligible New Zealand Citizen are as follows:-

Subclass 309 – This is a temporary visa for a spouse or de facto of an Australian citizen, Permanent Resident or eligible New Zealand citizen. It is usually valid for two years. If you are outside Australia at the time of applying, you will need to make an application for a combined 309/100.

Subclass 100 – This is a permanent visa for a de facto or spouse of a citizen of Australia, Permanent Resident or eligible citizen of New Zealand.

Before making an application, it is important to confirm that you meet the requirements set out by the Department of Immigration & Border Protection. Please contact a professional migration agent at Emerson Migration Law to discuss what is required.

This applies to de facto couples as well as married couples who are located in Australia at the time the application is lodged. Usually the Department of Immigration & Border Protection will first grant a two-year temporary visa, before granting Permanent Residence. This Visa type is suitable for married couples, couples in a de facto or same-sex partnership, where one Partner is either an Australian Citizen, Permanent Resident, or eligible New Zealand citizen.

If granted, this visa will allow a spouse, a same sex or de facto partner to travel to and enter Australia.

If you are inside Australia at the time of applying, you will need to make an application combining both subclass 820 and 801.

This Visa type is intended for couples who plan to get married onshore or offshore. This, however, is only a temporary visa, and the applicant will need to apply for a partner visa once married.

Subclass 309/100 – Offshore Partner Visa

Subclass 309 – This is a temporary visa for a spouse or de facto of an Australian citizen, Permanent Resident or eligible New Zealand citizen. It is usually valid for two years. If you are outside Australia at the time of applying, you will need to make an application for a combined 309/100.

Subclass 100 – This is a permanent visa for a de facto or spouse of a citizen of Australia, Permanent Resident or eligible citizen of New Zealand.

Before making an application, it is important to confirm that you meet the requirements set out by the Department of Immigration & Border Protection. Please contact a professional migration agent at Emerson Migration Law to discuss what is required.

Subclass 820/801 – Onshore Partner Visa

This applies to de facto couples as well as married couples who are located in Australia at the time the application is lodged. Usually the Department of Immigration & Border Protection will first grant a two-year temporary visa, before granting Permanent Residence. This Visa type is suitable for married couples, couples in a de facto or same-sex partnership, where one Partner is either an Australian Citizen, Permanent Resident, or eligible New Zealand citizen.

If granted, this visa will allow a spouse, a same sex or de facto partner to travel to and enter Australia.

If you are inside Australia at the time of applying, you will need to make an application combining both subclass 820 and 801.

Subclass 300 – Prospective Marriage Visa

This Visa type is intended for couples who plan to get married onshore or offshore. This, however, is only a temporary visa, and the applicant will need to apply for a partner visa once married.

Assistance with Your Matter

Our experienced solicitors are able to assist with various aspects of your migration matter. Call our Brisbane office today on (07) 3211 4920 to speak with one of our registered migration agents