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Not getting Australian visa directly? How about Migrating Australia on Marriage Visa

Migrating Australia on Marriage Visa

If you have a married partner or a fiancé (e) in Australia, have you considered Migrating Australia on Marriage Visa. Australian visa that enables you to enter and stay permanently in that country. Your partner should either be an Australian citizen or an Australian permanent resident or an eligible New Zealand citizen. If you satisfy the legal criteria, initially a temporary visa will be granted. Subsequently, a permanent visa may be granted, after the eligibility period is completed. However, if the relationship is a longstanding one or there are children from the relationship, a permanent visa may be granted shortly after the grant of the temporary visa.

Migrating Australia on Marriage Visa
Migrating Australia on Marriage Visa

The authority issues two types of visas-Prospective Marriage visa and Partner visa, you can apply for, depending on the kind of relationship you are in. If your relationship is intended to marriage, you will have Prospective Marriage visa. But if you have a married relationship or de facto partner relationship you are eligible for a Partner visa. A Prospective Marriage visa can only be issued for applicants from outside Australia.

Stages of application:

In case of application from outside Australia, primarily three steps are followed in the process.

Step 1: Temporary visa–Subclass 300 – (Prospective Marriage temporary):

If you are going to marry your Australian fiancé (e) you are to submit an application for a subclass 300 visa either online or at your nearest office outside Australia. You will be granted a temporary Prospective Marriage visa.

Step 2: Temporary visa–Subclass 820-(Partner (temporary) :

You can then travel to Australia and marry your partner while your subclass visa 300 is valid. Now you can apply for a subclass 820 visa in Australia for staying in Australia.

Step 3: Permanent visa –Subclass 801-(Partner (residence) :

If you are in a relationship with your Australian partner for two years since you first applied for the subclass 820 visa, you may apply for a subclass 801 visa with required documentation. Upon doing so, you will get your desired partner visa (residence) which is the Permanent one that enables you to stay in that country permanently.

There is a shorter two -step process also.

Step 1: Temporary visa (subclass 309 –Partner provisional):

If you and your Australian partner wish to marry legally, before a decision on your visa is done, or have been engaged in a relationship for at least 12 months before   the date of application, or are already legally married, you can apply online as well as at the office nearest to you outside Australia, for a subclass 309 visa.

Step 2: Permanent visa (subclass 100 –Partner migrant): If you are still in a relationship with your partner and two years have elapsed since you applied for the subclass 309 visa you can now apply for a subclass 100 visa along with required documents that allow you to stay permanently.

In case of application from inside Australia a two -step process is followed.

Step 1: Temporary visa –Subclass 820-(Partner provisional):

If you and your partner are already married or in a relationship for at least twelve years at the time when you are submitting your application and all the applicants mentioned in your application are in Australia, you are eligible to applying for a subclass 820 visa.

Step 2: Permanent visa –Subclass 801- (Partner migrant):

If you are still in a relationship with your partner and two years have been completed at the time when application is submitted, you are now eligible for making an application for a subclass 801 visa along with required documents to get a permanent visa.

How to make a valid application:

You can lodge your application online or submit a duly filled in application at the designated office of the department. You need to fill the form 47SPApplication for migration to Australia by a partner in English for a subclass 300309/100 or 820/801 visa without making any mistake. You will also have to submit the residential address you want to live during the process of your application. Finally, you need to pay the visa application charge, or submit the evidence of payment of the same.

There are two other forms that you may need to fill if required. In some cases you need to submit a duly filled form 40SP Sponsorship for a partner to migrate to Australia along with two statutory declarations at the time of submission of your application to make it valid. It will enable the partner for a subclass 300, 309/100 or 820/801 visa. It covers both the temporary and permanent Partner visa. There is another form 47A Details of child or other dependent family member aged 18 years or over. It is required for the family members of the applicant aged 18 years or above and each one of them needs a separate one to submit.

For online application you must submit your 47SP form before the submission of 40SP form of your sponsors, as they will need your Transaction Reference Number (TRN) while filling their sponsorship form. Here, you also need to pay your Visa Application Charge by credit card or via BPAY where it is pertinent.

Regarding documentation in support:

It is very important for you that you submit as many documents required as possible while submission of your form. If any document is unavailable at the time of lodging your application you will have to tell the department the fact and convince them that within a timeframe you will provide all the required information. Now it is on the authority to take a decision regarding your application. Therefore, it is always in your interest to submit as many documents as possible while lodging your application form.

Where can you submit your application?

In Australia, you can submit your application form by post or courier at the official Processing Center like Sydney City Office, Melbourne Office, Brisbane Office and Perth Office.

You can contact us for the forms!

When you are not eligible:

If you are applying in Australia, you are not eligible if you do not hold a substantive visa and your partner visa is refused, or cancelled after your entry to Australia, or your visa is with a No further stay condition (conditions 8503, 8534 or 8535), or only holding a Provisional General Skilled Migration visa not for at least 2 years or if you have a debt to the Australian Government.

For the applicants outside Australia, having a debt to the Australian Government will make you ineligible

About sponsors for Marriage Visa to Australia:

The sponsor is usually that key person who is your fiancé (e) or partner in relationship. For the applicant of partner category it is a must to have a sponsor. The sponsor needs to bear the responsibility of sponsorship of not only the applicant but also all other family members included in the application migrating with him. Here the sponsor must meet the criteria of eligibility to be granted the sponsorship. They are required to complete the form 40SP along with documents regarding their financial status, employment, and undertaking of sponsorship, and submit it to the department. The authority will assess all the facts and information you mentioned in your application. If they think, they can even ask you and your partner to provide personal information. It is very important for them to be convinced regarding the relationship between you and your fiancé (e). Only then you can be eligible to be a legal sponsor of your partner.

Measures regarding child protection and community violence:

Since protection of children is in the priority of highest level to the Australian Government. They make it sure that the people convicted with child sex offence are not allowed to sponsor a minor migrant. They also do not want a person having criminal background to be a sponsor, keeping in mind the law and order situation and incidents regarding violence in community. So, while opting for your sponsor you must keep these important facts in your mind.

Health Issues

Your application may be refused if you have ailments like tuberculosis, or other health conditions where the cost of treatment is very high.

Although, a positive HIV report may not necessarily lead to refusal.

And it is the CHARACTER:

Finally, to enter and stay permanently in Australia, it is must for you to have a good moral character. You need to satisfy the authority in all respects regarding this. The authority may go to any extent to verify facts regarding your character. They may undertake character test assessment and will ask for original police check documents. That is why it is very important for you to have a very clean background regarding your acts of the past days

Also read- Point Based System for Immigrating to Australia


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