There are 3 types of Marriage for Partner category visas:
- Legal Marriage
- Defacto Relationship
- Prospective Marriage
Partner visa application for Legal Marriage and De Facto Relationship is a two-stage process:
1. Stage one: Temporary Partner Visa (Offshore Visa subclass 309/ Onshore Visa subclass 820)
2. Stage two: Permanent Partner Visa (Offshore Visa subclass 100/ Onshore Visa subclass 801)
Generally, the applicant will be granted a Temporary partner visa (usually for a waiting period of approximately two years from the date you applied for the visa) if all the legal criteria for the grant of the visa are met. After the waiting period, if the partner relationship still exists, the applicant will then be eligible to apply for a Permanent visa. No application fee is involved for the permanent visa application.
However, the applicant may be granted a permanent visa without having to wait if the applicant can demonstrate one of the following:
- at the time you apply for the visa, you have been in a married or defacto relationship with the partner for three years or more
- at the time you apply for the visa , you have been in a married or defacto relationship with the partner for two years or more, and there is a dependent child of your relationship.
Prospective Marriage or the Fiancés Visa (Visa subclass 300)
This visa allows the applicant to enter Australia and marry his or her intended fiancé within the visa’s 9 month validity period. The applicant’s intended fiancés must be an Australian citizen, permanent residents or eligible New Zealand citizens.