Onshore Partner Visa

PartnerTemporary Visa (Subclass 820) and Partner Permanent Visa (Subclass 801) –Onshore application This is your first step towards getting a permanent Australian visa. This visa allows you to live temporarily with your de facto partner or spouse in Australia.

The first step is the grant of theTemporary Partner Visa (subclass 820). During this stage, you will be able to work in Australia and have access to Medicare.

Benefits of the visa

• You are eligible to work and study in Australia.
• You may travel to and from Australia multiple times - there is no limit.
• You may attend free English classes provided by the Adult Migrant English Program if you pass the eligibility check.
• You can apply for Australia’s public healthcare scheme(Medicare).

Eligibility

To qualify for this visa, you and your de facto partner/spouse must meet certain requirements:

• The marriage must be valid under Australian law.
• If you are unmarried, your de facto relationship should be genuine - your partner and you should be in a relationship for at least 12months.
• Your spouse or de facto partner must be able to sponsor your stay in Australia.
• You should be present in Australia while applying for the visa.
• Your partner/spouse and you cannot be related by family.
• You must meet the Australian health and character requirements.

The second step of the visa occurs two years after the date of lodging the temporary application. This step grants the partner permanent residency to stay in Australia indefinitely.
The applicant and sponsor need to be in an exclusive relationship during the processing of the visa.

Benefits of the visa

• You are eligible to live, work and study in Australia indefinitely.
• You may sponsor eligible family members to join you in Australia.
• You may apply for Australian citizenship upon eligibility.

Eligibility

To qualify for this visa, you and your de facto partner/spouse must meet certain requirements:

• You must hold a Partner Temporary Visa (Subclass 820) or aDependent Child Visa (Subclass 445) for at least 2 years.
• In most cases, you must be in a genuine and ongoing relationship with your spouse or de facto partner.

Relationship Register

To apply for a Partner Visa on de facto grounds, you should be able to prove that you have lived with your partner for at least 12 months. The 12-month cohabitation period requirement is applied when including a partner for other visas as well:

• Permanent Visa
• Business Skills (provisional)
• Student Visa
• Partner Visa
• General Skilled Migration Visa

This rule may be exempted if you register your relationship in an Australian state or territory. While you need to prove that you have been living together with your partner, the duration does not necessarily have to be 12 months.  Registration provides legal recognition as a couple under state laws, and may also be beneficial for immigration purposes. To be eligible for this, there are certain criteria you and your partner must meet.

• Both partners must be above the age of 18.
• Neither partner can be in a relationship with another person- particularly in terms of marriage or a de facto relationship.
• The partners must not be related by family.
• Both homosexual and heterosexual couples are eligible.
• At least one partner must be residing in the state or territory where the relationship is registered.

Each Australian state/territory has different laws and requirements for the registration of significant relationships. Registration is available in NSW,QLD, Tasmania, Victoria and the ACT. There is no registration option for NT.

Training Levy is payable at the time of a nomination application. The introduction of the TSS Visa requires the sponsor to pay a training levy to the Skilling Australians Fund (SAF) at the nomination stage.

NSW – Registered relationship under s.4, Relationships Register Act 2010

• NSW residents can register via theRegistry of Death Birth and Marriages.
• At least one partner must live in NSW.
• It will take 28 days to receive your certificate after you have registered your relationship.

Victoria – RegisteredRelationship under s.10(3)(a) of Relationships Act 2008

• Relationships are registered through Births Deaths and Marriages Victoria.
• People who are in a registrable domestic relationship or a registrable caring relationship may apply to theRegistrar, in a form approved by the Registrar, for registration of that relationship.
• At least one partner must live inVictoria.

QLD – CivilPartnership under s.5 of the Civil Partnerships Act 2011

• At least one partner must have lived in Queensland for at least 6 months.
• You can apply by post and the processing time to register the relationship is approximately 10 days.

Tasmania – Significant Relationship under s.4of Relationships Act 2003

• You can apply by post or in person with the Tasmania Department of Justice.
• It will take approximately 28 days to receive your registration certificate.
• Both partners must be residents of Tasmania.

ACT – CivilPartnership under s.6 of Civil Partnerships Act 2008

• Civil partnership registration can be obtained via Access Canberra.
• At least one of the partners must live in the ACT.
• Two forms of evidence of residency must be provided.
• You can apply in person or by post.However, if you apply by post, at least one applicant must be present for identification at the post office.

South Australia

• At least one of the partners must be residing in South Australia.
• Partners must provide certified copies of identity documents.
• The relationship registration duration is approximately 28 days.

Western Australia (WA)

If you are a resident of WA you can register your de facto relationship, however, it is not recognised formigration purposes.

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