PARTNER VISA AUSTRALIA
July 1, 2024: Key Migration Updates for Partner Visa Applicants
Australia has introduced major changes to the Migration Regulations 1994 through the Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024, effective from July 1, 2024. These updates aim to protect and support partner visa applicants affected by family violence.
Key Updates:
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No Sponsorship Required: Applicants for the Subclass 309 visa no longer need a sponsor if the relationship ends due to the sponsor’s death, family violence, or having a child from the relationship.
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Location Flexibility: Holders of Subclass 309 and Subclass 100 visas can now access provisions related to the sponsor’s death or having a child, without being in Australia at the time of the decision.
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Family Violence Provisions: These protections now extend to Prospective Marriage (Subclass 300) visa holders, even if they didn’t marry their sponsor.
Additional Changes for Subclass 300 Visa Holders:
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Relationship Cessation: They can apply for a Partner (Subclass 820/801) visa under relationship cessation provisions, or if they have a child from the relationship.
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Onshore Visa Grants: The Subclass 300 visa can now be granted while applicants are inside Australia, though applications must still be submitted from overseas.
Other Updates:
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Review Rights: Subclass 300 visa applicants retain their review rights, even for applications refused before July 1, 2024.
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Removal of Ties Requirement: No need to demonstrate ties to Australia for the Subclass 820/801 visa if the sponsor has passed away.
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Updated Language: The term "suffered" family violence has been updated to "experienced."
These updates apply to ongoing and new visa applications, making the path to permanent residency clearer for those affected by family violence.
Book Your Visa Consultation:
We offer visa consultations for both onshore and offshore applicants. Schedule an in-person, Zoom, phone, or WhatsApp session via our website for expert advice.
17 August 2023 update!
The Department of Home Affairs remains committed to processing on-hand partner visa applications as a priority. The department recently welcomed additional staff across our global network who have provided a significant uplift to our visa processing capacity.
In the past 12 months 33,500 first stage and 21,600 second stage partner visa applications were processed.
You can book a Free partner Visa phone/WhatsApp(Call)/in-person consultation with our Registered Migration Agent (MARN1572961) via this link: https://www.racc.net.au/booking-calendar/migration-consultation-1
Partner visa allocation for 2023-24 remains in line with that of the previous financial year with 40,500 quota. Check out full allocation (2023-24) for other visa subclasses here: https://www.racc.net.au/migration-planning-level-visa-allocation-2023-24
The allocation for partner visa for 2022-23 may seem like a dip, but the allocation is more than pre-pandemic level which was in 2019-20 FY. With the increase allocations in the last 2 Financial years, department of home affairs was reduce pressure on partner visa backlogs.
Last year, changes were made to Partner visa application along with an objective to clear backlog and streamlining application process. If you are considering to apply for partner visa, it could be good to consider preparing with the necessary documents and lodge your application as soon as possible.
Regarding partner visa inquiry, you can book a FREE Consultation with our Australian registered Migration Agent (MARN1572961) via this link:
https://www.racc.net.au/booking-calendar/migration-consultation-1
Under the current legislation, the sponsoring partner and partner visa applicant lodge their applications at the same time.
As part of the reforms to the Partner visa program, the Australian Government will apply the family sponsorship framework to Partner visas from November 2021.
This change has split Partner visa applications into two steps:
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The sponsor will need to lodge their sponsorship.
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Sponsorship will need to be approved before the Partner visa application can be lodged.
English language requirement for Partner visa applicants
Under the family sponsorship framework sponsors who are Australian permanent residents and partner visa, applicants will need to provide evidence of a functional level of English or demonstrate that they have made reasonable efforts to learn English when they reach the permanent Partner visa stage.
Reasonable efforts can include the completion of free English language classes through the Adult Migration English Program (AMEP). Migrants can now access as many hours as they need to reach functional English.
Recently, we (RACC) received invitation for our clients where Partner visa is granted within 3 months. And, subclass 801 and subclass 820 was granted on the same day.
Partner visas may be granted for you as the spouse/ prospective spouse/ de facto partner of an Australian citizen/ Australian permanent resident/ eligible New Zealand citizen, either you are a heterosexual or same-sex couple. There are 5 different subclasses of partner visas based on the type of your relationship and where you are when you apply for the visas:
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Subclass 300 - Prospective marriage visa (Apply from Overseas)
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Subclass 309 - Partner (Provisional) visa (Apply from Overseas)
Connected visas
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Onshore subclasses 820 & 801;
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Overseas subclasses 309 & 100
Among the 5 partner visa subclasses, visa 820 and 801 are connected.
If you are currently in Australia, you have to apply and pay for both subclasses at once, within an application. When a temporary visa 820 is granted, you need to provide additional documents for the Department of Home Affairs to process your permanent visa 801.
The subclass 300 is an offshore visa, which means you have to lodge this visa application outside Australia. When the visa is granted, you have to come to Australia to marry your prospective wife or husband who is an Australian citizen/permanent resident/eligible New Zealand citizen before the visa expires. To live in Australia indefinitely afterward, you need to apply for onshore visas 820 and 801.
Similar to visa 820 and 801, visa 309 and 100 are connected but the visa applications are lodged overseas.
You need to stay outside Australia until the temporary visa 309 is granted, then you can enter the country, supply more documents, and wait for your permanent visa 100. You have to pay for both visas at once.
Prospective Marriage Visa
(subclass 300)
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Commonly known as the fiance visa
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Needs to be applied outside Australia
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Once the visa granted, you can travel to Australia, get married legally in Australia and then apply for permanent residency
Partner (Provisional) Visa
(subclass 309)
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Applicants must be outside Australian when applying for this visa and when the visa is granted
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Allows visa holders to live in Australia temporarily
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Getting this visa is the first step towards a Permanent Partner Visa (subclass 100).
Partner Visa (Temporary)
(subclass 820)
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Applicants need to be in Australia to apply for this visa and when the visa is granted
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Allows visa holders to remain in Australia on a provisional basis while waiting for an outcome on your permanent 801 visa application
Partner (Migrant) Visa
(subclass 100)
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Usually granted to people who hold a temporary Partner visa (subclass 309)
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Allows visa holders to enter or remain in Australia permanently
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In most cases, a genuine and ongoing relationship must be continued
Partner Visa (Permanent)
(subclass 801)
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Usually granted to people who hold a temporary Partner visa (subclass 820)
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Allows visa holders to remain in Australia permanently
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In most cases, a genuine and ongoing relationship must be continued
Why RACC?
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15+ years of experience
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subclass 801 and subclass 820 granted on the same day
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Application submitted on June 2020
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Visa Granted on September 2020
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Apply for your partner Visa with Registered Migration Agents (MARN1572961, MARN1172003)
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Expert Registered migration agents
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Genuine Advice You can Trust
