Levin Immigration Law is the leading Australia Migration Firm located in the United States
Led by one of only four Registered Australian Migration Agents located in the U.S., our firm provides legal guidance to individuals seeking to live and work in Australia.
Australian Partner and Family Visas
Prospective Marriage Visa Subclass 300
This visa allows you to come to Australia and marry your prospective spouse and then apply for a Partner visa.
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This visa allows you to… |
To qualify, you must… |
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Stay in Australia for between 9 and 15 months from the date the visa is granted. |
Be 18 years old or older |
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Work and study in Australia |
Have a sponsor who is an Australian citizen, permanent resident, or eligible New Zealand Citizen. |
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Eligibility to apply for Permanent Residency |
Intend to marry your prospective spouse before the visa period ends |
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Be outside of Australia when you apply for this visa |
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Provide evidence of the validity of your relationship |
Australian Spouse (Partner) Visa
To qualify, you must be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. If you are legally married or in a de facto relationship for at least the entire 12 months prior to the application date, you may be eligible for an Australian Partner Visa.
What is an Australian de facto relationship?
A relationship where you are living together in an exclusive relationship with your partner but you are not formally married. You need to show that you have lived with your partner, or at least not apart on a permanent basis, for at least 12 months. In addition to cohabitation, you need to show that you are recognised by friends and relatives as a couple, you have pooled your financial resources to some extent, and you see your relationship as long term with future plans together.
What are the types of Australia Partner visas?
If the visa applicant is in Australia when they lodge the application, they are considered “onshore” and eligible for a Subclass 820 (provisional visa). This is a temporary visa that may be converted to Permanent Residency via the Subclass 801.
If the visa applicant is outside Australia when they lodge the application, they are considered “offshore” and eligible for Subclass 309 (provisional visa). This is also a temporary visa that may be converted to a Permanent Residency visa via the Subclass 100.
When a person lodges an application for a Partner (Spouse) visa, they are applying for two visas at the same time. As such, there are two stages to the application:
Stage One for either SC 820 or SC 309. The decision of the first stage is a temporary visa and if granted, it will allow the applicant to enter or stay in Australia until the decision is made on the second stage permanent visa.
Stage Two for either SC 801 or SC 100. Two years after the initial application is lodged, the applicant can initiate the process for the second stage permanent visa, provided that they are still married or in a de facto relationship with their sponsor.