Parties who are married (opposite sex only) or in a de facto relationship and the sponsoring partner is one of the following; an Australian citizen, an Australian permanent resident or an Eligible New Zealand citizen (NZ citizens resident in Australia prior to the 26 February 2001), can apply for a sponsored provisional partner visa. As a general rule, Partner visas (sometimes called spouse visas) involve two stages; the initial ‘provisional’ visa is granted and two years after lodgement, DIBP will commence processing of the permanent partner visa- subject to parties continuing to meet the genuine and continuing relationship criteria.
The 2 year provisional period may be waived in cases of a ‘long-standing relationship’ or where there are children from the relationship.
Married, De facto & Fiance partner visas
A sponsored partner visa can be applied for in Australia where the parties have married or have established a de facto relationship , or outside Australia where the marriage is conducted overseas or the sponsor (for a de facto relationship) and the visa applicant are domiciled there and have met the 12 month relationship requirement or at least one party is resident (in Queensland) and has legally registered their relationship- if permitted. Professional and government visa application fees differ for on and off-shore applications.
Prospective Marriage (fiancé) visas are normally classed with partner visas but can only be granted off-shore. The essential difference is that this is a temporary 9 month visa allowing the overseas partner usually to travel to Australia to get married and then to allow the lodgement of an on-shore married partner application in the same way that an on-shore partner visa application would be made.
Full Work Rights for On-Shore Partner applicants on bridging visas
Upon lodgement, partner applicants who are eligible for a Bridging Visa A (BVA) or Bridging Visa B (BVB) will automatically receive full work rights (with nil visa conditions).
This unrestricted work right comes into effect only when the associated Bridging visa A or B comes into operation. Where a substantive visa is still in effect, the visa holder is still required to comply with the conditions of that visa.
It should be noted however that:
- this right affects Bridging visas A and B only. For associated Bridging visa C or E applications, applicants must continue to make a separate bridging visa application and will be assessed for permission to work under the existing arrangements, that is, demonstrate financial hardship under the compelling need to work provision
- this does do not apply to bridging visa applications associated with any other onshore family stream visa subclasses, other than the parent and partner subclasses listed in Legislative Instrument Immi 12/094.
- This does not apply to refused onshore Partner and Parent visa applicants who have sought judicial review of that refusal decision and apply for a Bridging visa A or B on judicial review grounds.
For futher information on Other Partners Visa Types please click on the link.