# Which Partner Visa Should I Apply For?



## CollegeGirl (Nov 10, 2012)

*Which Partner Visa Should I Apply For?*

Before you do anything else, drop everything and go read DIBP's Partner Migration Booklet. It is the go-to source for information on Partner Visas, though some of the information is out-of-date. Read it through, carefully, and then read it through again. Make sure your partner reads it too, as it has information for both of you.

Still not sure which visa is right for you? Give DIAC's Visa Wizard a shot.

Did that, and still unsure? You're in the right place! 

*So, which visa is right for me?*

Well, the answer depends on many different factors, the first of which is what type of relationship you are in. Australian visas are intended for people who are either married, planning to marry, or in a defacto relationship (i.e., living as a married couple would, just without the marriage license). They are not intended for people who are simply dating.

a.	*Already married?* You can apply for a Partner Visa, either onshore (820) or offshore (309). See Section A below.
b.	*Engaged?* You can apply for a Prospective Marriage Visa, OR, if you've lived together for 12 months or more, you can jump straight to the Partner Visa instead. See Section B below. 
c.	*Defacto couple or same-sex couple* living together 12 months or more? You can apply for the Partner Visa, either onshore (820) or offshore (309). See Section C below. 
d.	*Defacto couple or same-sex couple* living together fewer than 12 months, but living in Australia (in any state other than WA, SA or NT)? You *may *be able to register your relationship and then apply for the Partner Visa onshore (820). See Section D below.
e. *Defacto couple or same-sex couple* living together fewer than 12 months, but who have a child together? You can apply for the Partner Visa onshore (820). See Section D below.

*None of these apply?*

If you and your defacto partner have not lived together for 12 months and you are living in WA, SA or NT, or living outside of Australia together, unfortunately you very well might have a really tough road ahead of you. It's not necessarily impossible, especially if there are good reasons you've been unable to live together, but it could be very difficult.

If you have lived together for 12 months, but not consecutively (for example, if you lived together for 3 months, then were separated for 3 months [for a good reason like work or a visa ending] and then lived together for another 11 months) and you can document all that you're probably in a pretty good position. Make sure you document the reason for your separation in your stat dec and provide any evidence for that reason that you have.

However, if you have not lived together for 12 months because you just met six months ago... you may have a harder time. DIAC explicitly says that defacto visas are not for couples who are just "dating."

Read the information below on defacto couples, but you may also want to seek advice on your specific case before applying.

*Section A - The Partner Visa for Married Couples*

If you're already married, you can choose to apply onshore (820) or offshore (309). There are benefits to each.

With an offshore visa, processing times are SOMETIMES quicker, though that's less likely these days. *DO NOT BELIEVE THE QUOTED "PROCESSING STANDARDS" TIME CHART ON THE DIBP WEBSITE THAT SAYS 5 MONTHS FOR LOW-RISK COUNTIRES*. London, for example, is currently taking 10-14 months, while the US is taking 12-15. For offshore applications, the applicant has to be offshore both when applying and when the visa is granted. Please note that the applicant does NOT have to be in the country where they submitted their application when it's granted, nor in their home country (the one possible exception to this being India - look at Becky26's thread for more information on that). The applicant can be in any country in the world *except* Australia. Obviously, it can be hard for couples to be separated for over a year while waiting on a visa application. There can be ways to still spend time together while the visa is processing, however (see Section E below), but they're not definite, and not for everyone. It's possible you'll have to spend this entire time apart if you apply offshore.

With an onshore visa, processing times can be slower (however, at least you're together!). Current averages are 12-15 months. One issue with this visa can be traveling while waiting for your visa to be granted. Once you apply for this visa, you will (in most cases) be given a Bridging Visa A. If the applicant wants to travel while the visa is being processed, he/she will have to apply for a Bridging Visa B. However, it's no longer necessary to show "substantive reasons" to obtain this bridging visa - they are given out for any reason including holidays.

Note that the Bridging Visa A, which the applicant receives automatically after applying onshore for a partner visa, does in fact allow the applicant to work as soon as the previous visa expires (this is a new development - it used to be that applicants had to demonstrate hardship in order to be allowed to work). However, be aware that it may not be all that easy to find a job while on a Bridging Visa because employers may be looking for someone with a less temporary visa.

Also, to apply onshore there's also the matter of getting the applicant onshore in the first place. If the applicant is already there on a student visa or 457 or working holiday visa, etc., this isn't an issue. But if you are planning to obtain a tourist visa for the applicant in order for them to get to Australia and apply onshore, just be aware that this can be a challenge. When you apply for a tourist visa, you are promising that you are a "genuine tourist" - that you're there to see the country, and planning to leave again. DIBP understands that sometimes marriages do happen spur-of-the-moment, but they will look that much more closely at your case, *especially* if you marry fewer than two months after the applicant arrives.

Additionally, tourist visas can and do get rejected, especially for people from countries DIBP considers high-risk. You can read more about tourist visas in Section E below.

*Section B - The Prospective Marriage Visa (or Partner Visa) for Engaged Couples*

You're engaged - congratulations! Have you and your fiancé lived together for 12 months or more? If not, you'll want to skip further into this section and look for the *Prospective Marriage Visa* section below. If you have lived together 12 months or longer (and have evidence of that, including such things as a lease with both your names on it, a statutory declaration from your landlord indicating you've both lived there, utility bills addressed to either of you sent to the same address, cards from friends or family sent to either of you at the same address, bank statements that show shared expenses, etc.), you would still qualify for the Prospective Marriage Visa, but may want to consider applying as a defacto couple instead.

Here's why: With the Prospective Marriage Visa (300), you'll apply for and receive that visa, then STILL have to apply for the Partner Visa (820) once you are married. By applying directly for the 820, if you have adequate time spent living together and adequate evidence, you get to skip that extra application process and expense, and you'll be eligible for Permanent Residency that much earlier.

Of course, if you think you won't have adequate evidence, you'll probably want to apply for the Prospective Marriage Visa instead.

*Prospective Marriage Visa*

Let's start with the most basic requirement of this visa: You must have met each other in person in order to apply for this visa. You'll (at a bare minimum) need photographs of you with your fiancé(e) in order to prove this. You've met in person? Great. Keep reading!

The PMV is an offshore visa (there is no onshore version). In other words, the applicant applies for the PMV offshore, and he/she must be offshore when it's granted. Please note that the applicant does NOT have to be in the country where they submitted their application when it's granted, nor in their home country. They can be in any country in the world *except* Australia (again, the one possible exception to this is India).

The PMV generally requires less evidence than the Partner Visa, so for those reasons many people planning to marry choose this visa. You don't have to have lived together, so there's no evidence required for that. You don't have to provide evidence of supporting each other financially to the same degree you would for a partner visa. Of course, if you have that type of evidence, it sure won't hurt! What your primary focus is on with this visa evidence-wise is demonstrating that you've met in person, that you have things in common, what your plans are for your future and for your marriage, that your friends and family know about and support your plans to marry, etc.

*(CONTINUED IN NEXT POST)*


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## CollegeGirl (Nov 10, 2012)

*The PMV (Prospective Marriage/Fiance Visa, Subclass 300) Continued*

When the PMV is granted, DIBP will give you a date by which the applicant must enter Australia. He/she must go to Australia to validate the visa no later than that date. Then, you can get married in Australia OR travel out of the country to marry wherever you like, as long as you are married within *nine months* of the visa grant date (note that this is NOT the date the applicant entered Australia - it's the date his/her visa was granted).

Once you are married, you apply for a subclass 820 partner visa (generally, these are approved without issue as long as you're able to provide evidence of your marriage and your new lives together in Australia). Note that when you apply for the 820 after the PMV, it is MUCH less expensive than it typically is - about $1100 at present. This brings PMV + 820 in line with the cost of an onshore partner visa. Also, PMV-to-820 applications typically get processed much more quickly than "regular" 820s - on the order of a few days to a few weeks, sometimes in rare cases a few months.

It's worth noting (thanks jmcd16!) that this visa may be subject to capping and queuing in certain countries, meaning only a certain number are processed each fiscal year and then they hold them until the following fiscal year (July).

*Section C - Defacto Couple or Same-Sex Couple Living Together for 12 Months or More*

*First, for same-sex defacto couples*: Australia does allow same-sex couples to apply as defacto couples (yay!), but please note that they do not recognize same-sex marriage (at least not yet). You will have to have either lived together 12 months (and have evidence of that - see the opposite-sex section below for more) or be living in Australia and register your relationship (see Section D below).*

*There is one exception, however: If you and your same-sex defacto partner are living in a country that is openly hostile toward same-sex couples - in other words, if you are living in a country where it is illegal to be gay, and/or where gay couples can be put to death if they are found out - it may still be possible for you to get a visa. DIBP has a list of countries like this, and they take this into account when you are applying. Make sure you mention in your statutory declaration that this is the case. You will need to provide a lot of evidence to prove your relationship is genuine since you will not be able to demonstrate living together.

*For opposite-sex defacto couples*:

You will need to be able to provide evidence that you have been living together for 12 months or longer in order to apply. This evidence can include such things as a lease with both your names on it, a statutory declaration from your landlord indicating you've both lived there, utility bills addressed to either of you sent to the same address, cards from friends or family sent to either of you at the same address, bank statements that show shared expenses, etc. (If you don't have that much evidence or haven't lived together that long, see Section D below.)

Have the evidence you need to prove you've lived together 12 months? Great! Reading Section A above ("The Partner Visa for Married Couples") can help you decide if you'd prefer to apply onshore (820) or offshore (309).

*Section D - Defacto or Same-Sex Couple Living Together Fewer than 12 Months*

If you're a defacto couple (same-sex or opposite-sex) and haven't lived together for 12 months (or can't provide evidence that you did) and don't have a child together, if you live in Australia (in any state except WA, SA, or NT), you'll need to register your relationship in order to waive the 12-month living together requirement. Keep in mind that when you register your relationship, you are making a legally-binding declaration that you are defacto partners, with all the rights, privileges and obligations that come along with that.

The reason WA, NT and SA are the exceptions is that they do not allow relationship registration. Do keep in mind that each state has its own policies as to who can register their relationship and where both parties have to be living when that happens. NSW has by far the most liberal policy, while Victoria's often prohibits relationship registration from being useful for purposes of waiving the 12 month requirement -- Victoria requires both parties to have lived there for the previous 12 months in order to register.

(If you DO have a child together [regardless of whether you and your partner are living together onshore or offshore], DIAC will likely waive the 12-month requirement because these are considered compelling and compassionate circumstances. You can apply normally, just consider noting in your application somewhere that you understand there is a waiver of the 12-month requirement because you have a child together.)

If you want to register your relationship, your first step should be to visit the Births, Deaths and Marriages website for your particular Australian state. You can find a listing of them here. As previously stated, each state has their own requirements for registering your relationship - make sure you meet them before counting on being able to register.

Please don't wait until the last minute before your application to do this - at least in some states it will be a month or more before you get your registration certificate, and you will need to provide a certified copy of that to DIBP. Also, registering your relationship sooner rather than later will look better to someone looking at your case, so consider doing it ASAP regardless of when you're planning to apply. However, do keep in mind that if time is short, you can provide a receipt for relationship registration with your partner visa application along with a note that states you will send the certificate as soon as you have it. Then as soon as you receive your certificate, scan it in color and upload it (if you applied online) or send a certified copy of it to DIBP to add to your application.

As said previously, registering your relationship waives the 12-month living together requirement, but it does not waive your need to demonstrate you're a defacto couple and NOT just a couple who is dating. You'll want to provide that much more evidence in all the other categories in order to build a strong enough case.

Got your registration certificate and ready to apply? Great! Read more about applying onshore (820) in Section A above ("The Partner Visa for Married Couples.")

*Section E - More on Tourist Visas While Partner Visas are Processing*

Applying for an offshore partner visa (309) or a Prospective Marriage Visa? It can be hard to be separated from your partner while the visa is processing. If you don't need to work while you're waiting, there's one option that may appeal to you, and that's applying for an ETA (in countries eligible for it), eVisitor visa (again, eligible countries only) or a visitor visa while you wait.

Here's the deal: You HAVE to be offshore when you apply for the 309 and for the 300. You also HAVE to be offshore when they are granted. It's non-negotiable. If you are onshore when the grant happens, it's a huge problem - your visa is nullified and you have to start the application process all over again.

So how do you go about this? Well, make sure you've applied for your partner visa FIRST. Then, once DIAC has had a chance to get that application into their system (probably makes sense to wait until you've received your acknowledgment with your file reference number in it), you'd apply for your tourist visa. Then, shoot your case officer or the general inquiry e-mail address (found on your acknowledgment) a message that includes your file reference number. You'll want to say that you can't stand being apart from your partner and so are going over on a tourist visa to visit while the visa is processing.

Tell them you understand you have to be offshore when your partner visa is granted, and ask (nicely! - they're doing you a favor!) that they notify you when they are ready to make a decision on your visa so you can get offshore. If you got a file number or case number or something along those lines when you applied for your tourist visa, provide that as well so they can look it up. When they are ready to grant your visa, they will e-mail you and let you know to get offshore. Make sure you let them know when you've left the country so they can grant your visa. It's perfectly okay to fly to Bali or NZ for this - no need to return to the country you applied from or your home country (again, India is a possible exception).

Please note:

Tourist visas can and do get rejected, especially for people from countries DIBP considers high-risk. If DIBP thinks there's a good chance the applicant is not a "genuine tourist" - if they think the person is coming over to illegally work, for example - they will absolutely reject it. Your best bet is to demonstrate that the applicant has reason to return to his/her own country (a statutory declaration from an employer stating the applicant is expected to return to work on [X] date is a great example).

*CONTINUED IN NEXT POST*


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## CollegeGirl (Nov 10, 2012)

*Tourist Visas While Waiting on Partner Visas, Continued*

You might think that in order to better make the case for being a genuine tourist, you should lie to DIAC or omit the fact that the applicant is not going to visit their partner. Do NOT do this! When they look at your partner visa application, they'll wonder why on earth you did not describe this person as your partner when applying for your tourist visa. Then you've left them with only two conclusions they can draw: 1) That this is not a genuine relationship, or 2) that it IS a genuine relationship, but you LIED on your tourist visa. Once you've lied to DIAC, that makes applying for anything else incredibly difficult as they can no longer trust your word.

Remember, the applicant can NOT work when in Australia on a tourist visa.

*Section F - FAQs for ALL Partner Visa/Prospective Marriage Visa Applicants*

1)	*Where can I find more information?* Did you read this booklet cover-to-cover as suggested at the top of this document? Know it like the back of your hand. It explains all your options in greater detail and will give you a sense of what you need to apply. Already read it? Great. Start reading threads on this forum in your spare time. Read as many as you can. If you have any questions about your specific case, please feel free to start a new discussion in this forum and ask. If your case is particularly complex or difficult, you might want to consider talking to a MARA-registered Migration Agent. Calling DIAC for basic information is great, but they are not legally held responsible if they give you incorrect advice (which their reps do from time to time). MARA-registered migration agents are legally liable if they give you incorrect information and so are very careful in what they say and can be a BIG help in cases that are not simple or straightforward. Two great agents who frequent this forum are Mark Northam and Chris Evans.

2)	*How long until my Partner Visa/Prospective Marriage Visa is approved?* There is no easy answer to this question. Some people have gotten VERY lucky and had approvals in just a few days (these are rare!), while others have waited almost two years. The length of time depends on visa type, if you're applying onshore or offshore, if the applicant is either from or has lived in a high-risk country (security checks can take a long time), or if there is anything at all in the applicant's (or the applicants' dependents') medical history that they want to look at further. DIAC does provide some visa processing time service standards, but they are not held to these, and many folks on this forum have found them to not reflect their own experiences.

3)	*What about permanent residency?* Good question. If you applied for the 820 (or if you applied for the Prospective Marriage Visa, married, and then applied for the 820 after that) you will be eligible to apply for permanent residency two years after you applied for the 820. If you applied for the 309, you'll be eligible two years after you applied for the 309. PLEASE NOTE: If you have been married or in a defacto relationship for THREE years or more, OR if you have been married/in a defacto relationship for TWO years or more AND the two of you have had a child together already at the time of applying for the 820 or 309, DIAC will automatically consider sending you straight to permanent residency. Note that in the latter case you have to have already had the child - being pregnant doesn't count for this purpose. Make sure if either of these situations apply to you that you note it in your statutory declaration or in a cover letter with your application. You don't HAVE to do this in order to be considered, but it doesn't hurt to remind them.

4)	*When would I be eligible for Medicare?* You're eligible for Medicare the moment you apply for the 820. If you're applying for the Prospective Marriage Visa, you'd be eligible once you were onshore, married, and had then applied for the 820. If you're applying for the 309&#8230; (actually, I'm not sure about that. Can someone clarify when 309 applicants become eligible? Is it once their visas are granted and they're onshore?) Regardless of which visa you're on, Australia does have reciprocal healthcare agreements with some countries that allow you to register for medicare. Participating countries include New Zealand, the United Kingdom, the Republic of Ireland, Sweden, the Netherlands, Finland, Italy, Belgium, Malta, Slovenia and Norway. Learn more about that here.

5) *If I apply for an onshore partner visa (820/801), can I work? * Actually, yes! As of Nov. 24, 2012, those applying for an 820/801 have unlimited work rights. You don't have to apply to make this happen - it happens automatically. _Once your current visa ends_ and the Bridging Visa A kicks in, you will have unlimited work rights! In fact, if you applied before Nov. 24, 2012 and are still waiting, you can also apply to have your work restrictions lifted and you will not need to demonstrate financial hardship in order to be approved. If you'd like to see the section of law that details all this, you can see it here.

6)	*Should this post be considered official migration advice?* Was it written by a migration agent? Oh, heck no! This was written by CollegeGirl, who is only a fellow applicant who spends way too much time reading this forum.

7)	*I think something in this post is wrong or that something has been left out - where should I provide feedback?* Thanks! We really want this document to be as complete and as helpful as possible in assisting people in making their visa choice, so we'd love to hear from you. Feel free to post on the "Which Partner Visa Should I Apply For?" Feedback Thread.

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A big thank you goes to the following users who have provided helpful edits and suggestions:​
*jmcd16, Lindaa, rhirhi, AJ67, ccpro​*


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