The Australian partner visa is for someone who is in a spousal relationship with a person who is either an Australian citizen or permanent.
The spousal relationship can either be a defacto relationship or a marriage in the requirements of an Australian partner visa.
Australian partner visa applications are judged on the genuineness of the relationship so you will need to show you are in a committed spousal relationship with your Australian spouse.
If applying on the basis of a defacto relationship, you must have been in a defacto relationship for at least 12 months or more before you lodge partner visa application with the Department of Immigration.
If an applicant is outside Australia, than it is the subclass 309/100 they will be applying for. If they are in Australia at the time they apply it is the subclass 820/801 they would be applying for.
The basic visa requirements:-
1. You are legally married to an Australian citizen or permanent resident or eligible New Zealand Citizen; or
2. You have been in a de facto relationship (residing together as a married couple) for a period of at least 12 months immediately prior to lodging the application;
A person who is granted an Australia spouse visa is entitled to work in Australia. They will also have access to Medicare and multiple travel rights.
Partner visa or spouse visa applications as they are sometimes referred to work in stages and unless a couple have been together for at least 3 years or have children together the initial visa granted is “temporary” or “provisional”. This means that the initial partner visa will be granted for 2 years (or until such time as a decision is reached on the permanent visa).What this means in practical terms is that the Department of Immigration will contact the visa holder shortly before the 2 year time frame is up.
The 2 year period runs from the date of lodgment of the initial visa application. You will be asked to provide some more information and evidence of your ongoing relationship (joint accounts, bills, photos, statements, fresh police clearances and other documentation) to the Department of Immigration for them verify that you are still in the spousal relationship. Medical checks are normally not required again unless you have traveled to and spent time in a high risk country.
The second stage visa application process is relatively straight forward process and you should be able to take this process on yourself when the time comes without the need to engage a registered migration agent.