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Difference between prospective marriage and partner visa

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We come across so many people who wish to Immigrate to Australia on Partner Visa. The concept of Prospective marriage Visa, De Facto relationship and many other terms applied in Australian Immigration Law can be difficult to understand. We are here to make it simple for you!!! It is because:. Australia is a multicultural country and people with various backgrounds, cultures, faiths and religions call Australia home.

SEE VIDEO BY TOPIC: Prospective Marriage Visa (2019) - What You Need To Know

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SEE VIDEO BY TOPIC: Prospective Marriage Visa subclass 300

Prospective Marriage Visa (subclass 300)

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We come across so many people who wish to Immigrate to Australia on Partner Visa. The concept of Prospective marriage Visa, De Facto relationship and many other terms applied in Australian Immigration Law can be difficult to understand.

We are here to make it simple for you!!! It is because:. Australia is a multicultural country and people with various backgrounds, cultures, faiths and religions call Australia home. If you are in genuine relationship with Australian Citizen, Permanent resident or an eligible New Zealand citizen, you might be eligible to apply for an Australian Partner Visa. During the application process, you would need to define and establish your relationship.

This relationship could be established either by legal marriage or by being in a De-facto relationship. To completely understand these terms, we are going to explain the detailed definition below. You will know in which category your relationship falls so that you can apply for your partner visa in the right stream or subclass.

People generally are mistaken in assuming that they should start worrying or thinking about marriage Visa for Australia after they are married or after they are engaged.

The applicants realise the complexity of the Partner or Spouse Visa after they receive refusal letters or when asked for further clarifications. We strongly advise you to start your research process at an early stage.

You may consult a registered Mara Approved consultant to know about the complete partner Visa process as early as possible before marriage. They miss so many opportunities that could have strengthened their case if they would have researched about the topic well before the actual marriage.

You should stop your search if you are looking to apply for Spouse Visa, De facto Visa, marriage visa or relationship Visa. Instead, you should read the good news below.

All these terms are not valid terms when you wish to apply for these Visa types. You need to correct your search terms first so that you can look for the information in the right direction. All these could be your relationship with your partners, not the Visa types recognised by the Immigration Department. All these terms actually fit into the Partner Visa and prospective marriage Visas only.

For example, when you start your application, you would be asked to define a relationship with your partner. However, quite recently, the Department of home affairs have taken the responsibility of processing all Visa, Citizenship and Immigration related responsibilities. You can visit the department website. Click here to visit the Department of Home Affairs website. It is important to note that in your Partner Visa application, the Department of Home Affairs will recognise only 1 type of relationship with your partner.

We would once again like you to note that the Spouse, spousal, marriage, wife, de facto are all the relationships and not the actual Visa types. The exact Visa type is just a partner Visa in which you need to define these relationships. While you prepare your application for Partner Visa. The Immigration Department is going to ask you to define your relationship in your Partner Visa application. The Department will allow only two types of relationships, and you would have to select any one of them.

You cannot choose both relationships. Meaning you could be either in a spousal relationship with your partner or De- facto relationship. Already clarified above that there is nothing that is called Australian Spouse Visa for Immigration purposes or spouse visa subclass. A spouse is one of two people in a married relationship if they are married to each other under a marriage that is valid for the purposes of the Migration Act and:. Or, Spouse relationship if you are married.

Instead, you need to apply for partner Visa, and under the relationship section, you need to select De Facto relationship. So if you wonder is de facto a spouse or is de facto same is marriage? The answer is no. De facto is not your spouse because you are not married legally. The de facto relationship is one where you and your partner is not legally married to each other. A de facto relationship can be with someone of the same or different sex. To prove the de facto relationship, both of you must be living together for at least 12 months and:.

Four Types of Australian Partner Visas. If the applicant is Outside Australia. The visa type would be:. If the applicant was on stage-1 Subclass The New Visa might be:. It is a Temporary type of Visa, and when it is approved, your partner can visit and live in Australia before applying for Partner Migrant Visa subclass It means that your partner would have to first apply for Partner Visa subclass Will have to start living in Australia with you on temporary Visa.

After completing specific criteria while on the temporary Visa Subclass , the applicant partner can later apply permanent PR Visa called Partner Migrant Visa Subclass This Partner Migrant Visa Subclass is a PR Visa, and your partner may be eligible for citizenship after completing certain criteria while on this Visa. The Permanent Partner Visa Subclass is valid for five years after the grant. If your partner the applicant is inside Australia onshore and in a genuine relationship with the sponsoring partner who is either Australian citizen, Australian permanent resident or eligible New Zealand citizen.

Be mindful of the definition given for spouse and for the de facto relationship as they have entirely different criteria to meet. Your partner the applicant can apply for a partner visa in Australia while holding a substantive visa of a temporary nature like tourist visa. Hold on; there is also one more critical point to consider.

This condition will prevent you from applying for any other visa while you are in Australia. Any compelling and compassionate grounds occurred after your arrival in Australia may help you get a waiver of this condition. You or your partner getting pregnant may be an example of compelling and compassionate grounds. Australian Partner Visa application is a complex process. The background and circumstances of each individual are different. It is always recommended to consult with the experienced Migration Agents to avoid refusal.

The refusal rate of this Visa application is quite high because generally, people consider it simple to apply Visa type. You need to go through and understand the following process if you choose to apply the Partner visa application yourself without any help of an experienced Partner Visa Specialist.

We have discussed lots of details about the partner visa in the above section, whether the applicant is onshore or offshore?. We would once again recap the basic facts so that there is no confusion left and you may proceed on Step-2 with clear direction. There is no Visa that is called Spouse Visa. Being a spouse is a relationship, not a Visa type. There is no Visa that is called Marriage Visa. You still need to apply for Partner Visa if you are married to someone, and you want to apply a Visa for your partner who is married to you.

Within the partner Visa, you would be required to Identify your relationship. There is no Visa that is called De facto Visa. You could be in De facto relationship with someone for whom you want to apply for a Partner Visa. No Visa type is called a Fiance e Visa. The right term to apply a Visa for your Fiance e is a prospective marriage Visa. Meaning, you are in a Fiance or Fiancee relationship, and you are going to be married soon.

The person, for whom the Partner or Prospective Marriage Visa will be applied to the Australian Government Visa authorities is called the applicant.

The applicant can be Onshore or Offshore. Offshore means the applicant is out of Australia at the time of lodgement and Onshore means the applicant is inside Australia at the time of lodgement. The permanent Partner visa is the stream, if granted, will give your partner, the rights of Australian Permanent resident. You can not apply for Stage-2 Partner Visa unless you have been granted Stage-1 partner Visa and you have completed the eligibility requirements while you were on Stage-1 Visa.

You could apply for Partner Visa Subclass if your partner is Outside Australia and is in a genuine spouse or De facto relationship with you. A person who has been granted permanent residency by the Department of Home Affairs and been living in Australia on permanent and ongoing basis.

After you are familiar with the terms used in Step-1 above, its time for you to understand the General Australian Partner Visa requirements or General Partner Visa Eligibility requirements.

These requirements applied to all types of Visas irrespective whether you intend to apply for stage-1 or stage-2 or whether your partner is onshore or offshore. Following are some general requirements for all types of Visas under Partner Visa Category. You must be sponsored by your partner who is either an Australian citizen, Australian permanent resident or eligible New Zealand citizen and who can satisfy the legal requirements for being a sponsor.

Your sponsor must be either an Australian citizen, Australian permanent resident or eligible New Zealand citizen and who can satisfy the legal requirements for being a sponsor. If you have dependent children or other dependent family members, they may make combined applications with your application provided that they meet certain requirements. Now that you are familiar with the basic concepts about Partner Visa in Step-1 and also understand the General requirements explained in Step It is time to move on to the third step.

Whether you intend to apply Onshore Partner Visa or Offshore Partner visa or, whether your relationship is De facto or Spouse or Fiance e , you need to provide evidence and proof of De facto relationship or spousal relationship with your partner. How to prove relationship for visa purposes applies to every application related to Partner Visa. As part of your Visa application, you need to satisfy the authorities about your genuine relationship with your partner.

You would need to submit various documents based on which the assessing authorities will be able to check whether the genuine relationship exists or not. The Visa authorities assess the above three criteria using the following four factors or aspects.

These are the main four aspects of the relationship that the Department of Home Affairs will consider when assessing any partner visa application against the criteria mentioned above:.

Partner Visa: Onshore vs. Offshore

The Prospective Marriage visa and Temporary Partner visa are aimed at couples that are located outside of Australia at the time the visa application is lodged. The catch; the couple must be offshore when the visa is granted. This proviso does not come without repercussions. The purpose: to travel to Australia to marry your partner.

You may be eligible for a Partner visa even if you reside outside of Australia if you are married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or an eligible New Zealand citizen. If you are granted the offshore Permanent Partner visa subclass , you can:. Difference between this visa category and the Partner visa subclasses and

Not sure whether to apply for your Partner visa on-shore in Australia or off-shore overseas, here are some differences between onshore and offshore Australian Partner Visa that may help you make your decision easier. Notice that differences between onshore and offshore Australian Partner Visa is outright stated by Australian immigration itself. A Prospective Marriage visa is a visa that enables an applicant to temporarily come to Australia, it gives you up to 9 months to live with your Partner before the marriage has to take place. This visa must be applied outside Australia, and the applicant must be outside Australia at the time of decision.

What’s the difference between an Australian Spouse Visa, Partner Visa, De Facto Visa?

The visa will be valid for 9 months. If you marry your partner within 9 months of being granted a visa, you may be eligible to apply for a Partner visa in Australia. A Partner visa usually involves two stages: an application for a temporary Partner visa, and later for a permanent Partner visa. The temporary Partner visa application is also an application for its corresponding permanent Partner visa, and the applicant pays one visa application charge to the Department of Immigration. Please note you may be eligible to be granted a permanent Partner visa within the usual 2 year waiting period:. Please note that the above list is not exhaustive and other criteria may apply. Please consult us for more details. You are able to include family members in your Prospective Marriage visa application if they satisfy particular criteria. Our experienced Immigration Lawyers and Registered Migration Agents can assist you with some of the main issues that arise when applying for a Prospective Marriage visa including:. Once you are granted a Prospective Marriage visa, we can also advise you of the requirements to apply for a Partner visa and obtain a permanent residency Partner visa.

Prospective Marriage Visa (Subclass 300)

Legal jargon and detailed fine prints can make the process of visa application more difficult than it should be. This visa allows you to stay, work, and study in Australia for up to nine months. You can also travel outside Australia on this visa. To be eligible for the visa, you must meet certain relationship criteria , health , and character requirements , as well as the following:. The visa can only be granted to those applying from within Australia.

If you are in a relationship with an Australia citizen, Australian permanent resident or eligible New Zealand citizen, you may be eligible to apply for a prospective marriage visa or partner visa to migrate to Australia. You must be outside Australia when you apply for the prospective marriage visa and when the visa is granted.

We are often asked by clients, what is the difference between a spouse visa and a partner visa? The easiest way for us to explain this is by telling them that there is in fact only one visa, and it is called a partner visa. A partner visa is available to the de facto and spouse partners of an Australian citizen or Australian permanent resident.

Marriage and Partner Visas

Clients often ask what the best partner visa to apply for is, and the only starting point can be the background of the parties and the relationship circumstances. Human beings are eternally optimistic and when dealing in matters of the heart often rationality and logic are the first casualties. All sponsored partner visas -to a greater or lesser degree — depend on and require an existing relationship. Even finance visas — which were initially introduced to combat arranged marriages from certain countries- require the proof of a relationship between the parties.

All you need to know about prospective marriage visa subclass Australia. If you intend to marry an Australian citizen or permanent resident, or an eligible New Zealand citizen, and you are both aged 18 years or older, you might like to consider applying for a Prospective Marriage subclass visa. This is a temporary residence visa which allows you to enter Australia to marry your partner within the 9-month visa period. A prospective marriage visa application is to be lodged offshore and has a current average processing time of approximately months. A partner visa involves applying for a combined temporary and permanent visa.

Partner visa versus Prospective Marriage (fiancé) visa

Partner Visa in Australia allows the spouse or de facto partner of an Australian permanent resident, citizen or eligible New Zealand citizen to live in Australia. The average processing time for the visa is 12 to 15 months. However, when it comes to applying for Partner Visa in Australia, people often face the dilemma of choosing from Onshore Partner Visa Subclass and and Offshore Partner Visa Subclass and Discussed here are the differences between onshore and offshore partner visa that may help you take this important decision. Applying for and to be granted Onshore Partner Visa Subclasses and is a two-stage process: first, applying for Partner Temporary Visa Subclass and once it is granted, then applying for Partner Permanent Visa Subclass The temporary visa, once granted, will give you 2 years to live with your partner in Australia. During that period, one can apply for Partner Permanent Visa Subclass , which when granted, allows the individual to live permanently in Australia if the marriage is ongoing.

We're clearing up the differences between spouse and partner visas in this blog. visa because it is intended for fiancés who wish to marry their prospective.

It is usually the first step for couples who become engaged but are not yet married, especially those who may have limited evidence of living together. The prospective marriage visa, or subclass visa, is mostly suitable for applicants from higher risk countries, which are determined by the Department of Home Affairs. If you are from a higher risk country, you are not eligible to apply for fast-track visitor visas which are typically granted within a few days. Applicants from high risk countries also have a higher chance of receiving a visitor visa refusal.

Fiancé Visa vs. Spouse Visa: What’s The Difference?

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What is the difference between a spouse visa and a partner visa?

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Offshore Partner Visa

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