Can I stay in Australia if I marry an Australian? We know that Marriage is a significant life event that often brings about various changes, including potential changes in residency status.

Can I stay in Australia if I marry an Australian

For individuals who are not Australian citizens but are in a relationship with an Australian citizen, the question of whether they can stay in Australia after getting married is a common concern.

So today, we will explore the immigration options available to non-Australian partners and spouses and shed light on the process and requirements for obtaining a visa to stay in Australia.

Contents

Overview of Partner Visas

Australia provides various partner visa options for people in sincere and committed relationships with Australian citizens, Australian permanent residents, or eligible New Zealand citizens. These visas enable couples to reside, work, and educate in Australia.

Eligibility Criteria for Partner Visas

To be eligible for a partner visa, certain criteria must be met. The Australian Department of Home Affairs requires evidence of a genuine and ongoing relationship, a commitment to a shared life, and compliance with health and character requirements. Additionally, the applicant must be sponsored by their Australian partner.

The Prospective Marriage Visa (Subclass 300)

The Prospective Marriage Visa (Subclass 300) is suitable for couples who plan to get married within nine months of the visa grant. This visa allows non-Australian partners to enter Australia to marry their fiancé(e). Once married, they can then apply for a Partner Visa.

The Partner Visa (Subclass 820/801)

The Partner Visa (Subclass 820/801) is a two-stage visa process. The first stage is the Temporary Partner Visa (Subclass 820), which grants temporary residency for two years. After fulfilling the requirements of this stage, the applicant becomes eligible for the second stage, the Permanent Partner Visa (Subclass 801).

Applying for a Partner Visa Onshore

If the applicant is already in Australia, they can apply for a partner visa onshore. This means they can apply while holding a valid visa. During the processing period, the applicant may be granted a Bridging Visa, which allows them to remain lawfully in Australia.

Applying for a Partner Visa Offshore

If the applicant is outside of Australia at the time of application, they must apply for a partner visa offshore. It is important to note that they must be outside Australia when the visa is granted. Once the visa is granted, they can enter Australia as a permanent resident.

Temporary Partner Visa (Subclass 820)

The Temporary Partner Visa (Subclass 820) allows the applicant to live and work in Australia while their permanent partner visa application is being processed. This visa is usually granted after the department has assessed the eligibility criteria and received all the necessary documents.Can I stay in Australia if I marry an Australian

Permanent Partner Visa (Subclass 801)

The Permanent Partner Visa (Subclass 801) is the second stage of the partner visa process. It provides permanent residency to the applicant. To be eligible for this visa, the applicant must have held the Temporary Partner Visa (Subclass 820) for two years and meet the relevant criteria.

Supporting Documentation

When applying for a partner visa, providing thorough and accurate supporting documentation is crucial. This may include evidence of the relationship, such as joint bank accounts, shared bills, photographs, and statutory declarations from family and friends. Additionally, health and character checks are required.

The Waiting Period

The processing time for partner visas can vary. Being patient during this period is important as the department assesses the application and conducts necessary checks. Staying informed about the visa process and any additional requirements can help alleviate concerns during the waiting period.

Bridging Visas

Suppose the applicant is in Australia, and their current visa is due to expire before the decision on the partner visa application is made. In that case, they may be eligible for a Bridging Visa. Bridging Visas allow individuals to remain lawfully in Australia while awaiting the outcome of their application.

Work and Study Rights

Once granted a Temporary Partner Visa, applicants are generally entitled to work and study in Australia. These rights continue during the processing period for the Permanent Partner Visa.

Relationship Requirements

The Department of Home Affairs assesses the relationship between the applicant and their Australian partner to ensure its genuineness. They consider factors such as the duration of the relationship, living arrangements, financial commitments, and social aspects to establish the authenticity of the relationship.

Financial ObligationsCan I stay in Australia if I marry an Australian

Sponsors of partner visa applicants have certain financial obligations. They must provide financial support and accommodation for the applicant if necessary. These obligations ensure that the applicant will not become a burden on the Australian welfare system.

So finally, marrying an Australian citizen opens immigration possibilities for non-Australian partners. Individuals can obtain temporary and permanent residency in Australia through various partner visa options.

The process may involve meeting specific eligibility criteria, providing supporting documentation, and undergoing a waiting period. By understanding the requirements and following the correct procedures, couples can navigate the immigration process successfully.

  • Can I work in Australia while waiting for my partner’s visa?

Yes, once granted a Temporary Partner Visa, you can generally work in Australia.

  • How long does it take to process a partner visa application?

The processing time can vary, but it typically takes several months. It is advisable to check the current processing times on the Department of Home Affairs website.

  • Can I include my dependent children in my partner visa application?

Yes, dependent children can be included in a partner visa application. There are specific requirements and procedures to follow when including children.

  • What happens if my partner’s visa application is refused?

If your partner’s visa application is refused, you can appeal the decision or lodge a new application. It is good if you can seek professional advice in such circumstances.

  • Can same-sex couples apply for partner visas in Australia?
Can I stay in Australia if I marry an Australian
Can I stay in Australia if I marry an Australian?

Yes, same-sex couples are eligible to apply for partner visas in Australia. The same requirements and processes apply to all couples, regardless of gender or sexual orientation.

Read on Who can sponsor you in Australia ? in 2023

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