Successful Partner Visa Case and Immigration Information Sharing

At Riverwood Migration, we specialise in helping clients navigate the complexities of the Australian immigration process, whether it’s for partner visas, skilled migration, or other complex cases. Our professional team is committed to providing transparent, efficient immigration services, tailoring immigration plans for each client to help them successfully realise their dream of migrating to Australia.

Today, we will share a recent unique partner visa case and provide some up-to-date information regarding partner visas, so you can better understand how to successfully obtain a partner visa under Australia’s immigration law framework.

Overview of Partner Migration Visas (Provisional and Permanent Partner Visa)

The Partner Visa allows eligible Australian citizens, permanent residents, or New Zealand citizens to sponsor their overseas partner to live in Australia. Under Australian immigration law, this visa applies to both heterosexual and same-sex relationships, whether in a legal marriage or de facto relationship. As long as you can prove the relationship is genuine and exclusive, you may be eligible to apply for a partner visa, and in some cases, gain permanent residency in one step.

Since July 2023, the Australian Department of Home Affairs has relaxed some of the requirements for partner visa applications, removing the need for a Statutory Declaration for partner or fiancé visa applications, except for the 801 visa. This change has significantly simplified the application process and reduced the risk of visa refusal.

Main Types of Partner Visas

Depending on the nature of the applicant’s relationship, partner visas can be categorised into the following types:

• Legal Marriage
• De Facto Relationship
• Prospective Marriage

If the applicant and their partner meet any one of these relationship types, they are eligible to apply for a partner visa.

Categories of Partner Visas and Their Applicability

The type of partner visa applicable depends on whether the applicant is inside or outside Australia. Below are the main visa categories:

Subclass 300 Prospective Marriage Visa

The Subclass 300 Prospective Marriage Visa is for eligible Australian citizens, permanent residents, or New Zealand citizens to sponsor their fiancé(e) to come to Australia, marry, and settle. This visa is valid for 9 to 15 months and allows the visa holder to travel freely in and out of Australia during this period.

• Note: Applicants holding a Subclass 300 visa must complete their marriage registration within the visa’s validity period and apply for the Subclass 820/801 Partner Visa while in Australia.

Subclass 309/100 Offshore Partner Migration Visa

The Subclass 309/100 Offshore Partner Visa is for Australian citizens, permanent residents, or New Zealand citizens to sponsor their offshore partner to come to Australia and settle. Applicants must submit the Subclass 309 visa application while outside Australia, and they must remain overseas at the time of visa approval.

• Temporary Partner Visa Subclass 309 holders can obtain the Subclass 100 Permanent Partner Visa after a two-year relationship review period, provided they meet the requirements.

Subclass 820/801 Onshore Partner Migration Visa

The Subclass 820/801 Onshore Partner Visa is for applicants who are already in Australia. If the applicant is in Australia, they can apply for the temporary Subclass 820 Partner Visa and, after a two-year relationship review period, transition to the Subclass 801 Permanent Partner Visa if they meet the eligibility requirements.

• Special circumstances: In certain exceptional situations, applicants may be able to apply for and receive a permanent residency visa directly.

Significant Acceleration of Partner Visa Processing Times

Recent updates show that the Australian Department of Home Affairs has significantly expedited the processing times for partner visas. In particular, the processing time for the Subclass 100 Permanent Partner Visa has now been reduced to approximately one year. This enables partner visa applicants to achieve their long-term goal of settling in Australia more quickly.

Riverwood Migration’s Successful Case Share: A Special Partner Visa Case

In a recent case, Riverwood Migration successfully assisted a gentleman in applying for a partner visa for his girlfriend. The uniqueness of this case was that, while the man and his wife had been separated for a long time, they were not yet formally divorced, and his relationship with his new girlfriend was stable and exclusive.

In this situation, our professional legal team conducted a thorough analysis and collected sufficient evidence to prove the genuineness and exclusivity of their relationship, ultimately securing a partner visa for the female applicant.

Riverwood Migration’s Professional Services

If you have questions about Australian partner visas, we invite you to consult our experienced team of immigration lawyers. We will provide tailored immigration solutions to address any issues in your visa application process.

We understand that every immigration case is unique and challenging, and our professional team always approaches each case with the utmost dedication to providing comprehensive legal support.

Riverwood Migration is here to offer you expert legal advice and help you navigate the visa application process, so you can achieve your dream of settling in Australia.

Thank you for reading, and we look forward to future collaborations!