Australian Partner Visas  - Subclass 309/100/820/100/300

Are you looking to bring your partner or fiance/fiancee to Australia? Australia has a range of visas that suit couples at all stages of their relationship ranging from engaged couples, to married and defacto couples as well as those who have registered their relationship in Australia.

The visas you can apply for depending on your current situation:

Visa	Visa Matters
Prospective Spouse Visa (Fiancee/Fiance Visa) –    Subclasses 300	This visa is for couples who intend to marry within 9 months of visa approval in Australia. The visa is usually valid for around 9 months but the exact duration will depend on the period granted by the case officer. Once married, applicants are able to apply for spouse visa onshore for a reduced fee.
Temporary Spouse Visa – Subclasses 309 & 820	The subclass 309 visa is for couples who are married to an Australian spouse, plan to get married before visa approval , or are in a defacto relationship, and are applying for a the visa outside of Australia . The subclass 820 visa is for those who are married or in a defacto relationship with an Australian and are applying for a spouse visa in Australia . The above two visas (subclasses 309 & 820) are valid until the applicant's permanent resident visa is issued on showing that the relationship is genuine and ongoing. The difference with the 300 visa is that both the 309 and 820 visa are for married or defacto couples.
Permanent Spouse Visa – Subclasses 100 & 801	A subclass 100 visa is a visa for people who have applied for and receiving a subclass 309 visa in a country other than Australia  The Subclass 801 visa is for those who have applied for and have been granted a Subclass 820 visa in Australia . Both are available within 2 years of application for the subclass 309 or 820. The Subclass 100 & 801 visa allows you to live permanently in Australia . For couples who have a child and have been married for 2 years or couples that have been married 3 years, these two visas can also be granted without needing to undergo a waiting period on a temporary spouse visa.

KEY COMMON REQUIREMENTS

1. Australian Spouse
This visa is available to anyone wishing to enter and stay in Australia based on their relationship with their spouse. The spouse must be one of the following:

• – Australian Citizen
• – Australian Permanent Resident
• – Possible New Zealand citizen

Additionally, sponsors cannot sponsor visa applicants if any of the following are true:

• – If your sponsor has a record of sponsoring two other spouses to immigrate to Australia
• – Sponsor has sponsored another spouse in the past 5 years
• – If the sponsor has been sponsored by a spouse visa in the past 5 years
• – If your sponsor is not of good character and in particular has a history of family violence

2. Genuine Relationship
All applicants for a spouse visa or fiance visa are required to have a genuine relationship with their partner. In general, spousal visas are more rigorously screened than prospective spouse visas, and additional documents proving their marital relationship must be submitted. Visa applicants must provide sufficient documentation to prove their relationship with their spouse.

3. Good Mental and Medical Condition
Visa applicants are required to have no criminal history and be in good health. However, there may be some exceptions depending on the specific situation.

 

MAIN REQUIREMENTS FOR EACH VISA

– Subclass 300 fiance visa applicants can only apply for this visa outside of Australia

– Subclass 820 & 309 visa holders must be married, have been in a defacto relationship having lived together for the 12 months immediately preceding the visa application or have a registered relationship (only possible in some states of Australia)

– These visas are also open to same-sex couples who receive equal treatment under the law.

– Subclass 100 & 801 visa applicants must satisfy one of the following conditions.
-> You have been granted a temporary spouse visa, and you must have lived with your spouse for 2 years after the temporary spouse visa was granted.
->Marriage or in a defacto relationship for at least 3 years
->If married or in a defacto relationship for more than 2 years and have dependent children.

 

DIFFERENCES BETWEEN VISAS APPLIED WITHIN AUSTRALIA AND VISAS APPLIED OUTSIDE AUSTRALIA

A fiance visa can only be applied for outside Australia, and a spouse visa can be applied for both within and outside Australia. The major advantages of applying for a spouse visa outside of Australia are:

1. Visa documents are processed by people familiar with Korean culture and relations.
2. Visa processing is officially the same as in Australia, but depending on the time of year you apply, the visa process can sometimes be accelerated.
3.  Spouses can continue to work in their home country during the visa process.

A great advantage of applying for a spouse visa in Australia is that you can stay with your spouse in Australia for as long as the visa process is in progress. However, you will not be able to work or study during the visa application period until your bridging visa comes into effect.

GA Consulting has been servicing the expat community in Korea along with couples all over the globe for the last 15 years and is very experienced in processing spouse visas in Australia and outside of Australia.

If you need an agency for your visa application, please contact GA Consulting. Whether you are in Australia, Korea or a third country, we promise to help you not only apply for your visa but also pick the right strategy that aligns with your goals and saves you from making costly mistakes.

Due to word of mouth from our clients, a large number of our clients now come from Australia as finding an experienced agent who understands the law, the importance of picking the right strategy and being experienced in handling any hurdles is less common than you might first suspect.

 

VISA BENEFITS

The benefits of each visa are shown in the table below.

Visa	Benefits
Prospective Spouse Visa Subclass 300	Visa holders are allowed to stay in Australia for up to nine months during which time they must marry  Visa holders can work or study in Australia. However, they do not have access to government funds, such as student loans After filing for a temporary spouse visa, visa holders can enrol in Medicare while staying in Australia.
Temporary Spouse Visa -Subclass 309 & 820	Visa holders can work or study in Australia. However, they do not have access to government funds, such as student loans After visa approval, visa holders can stay in Australia until their permanent resident visa is is approved. Visa holders can also enrol in Medicare.
Permanent Spouse Visa -Subclass 100&801	Visa holders can work or study in Australia. Visa holders may also have access to subsidized education Visa holders can stay permanently in Australia. Visa holders can access government benefits after meeting the conditions of a two-year waiting period after visa approval . Visa holders can also enrol in Medicare. Visa holders can convert their permanent residency to citizenship after satisfying the residency and other basic requirements

 PROCEDURE PERIOD

The official processing period for a spouse visa is around 9 to 21 months however faster processing times are often experienced when a case is decision-ready when submitted. While no agent can guarantee the processing period, we will do our best to ensure that your visa is ready to be granted as soon as a case officer is allocated.

 

EXPERIENCE AT GA CONSULTING

We have experience in helping and guiding many couples in their spouse visa procedures, and in particular, we have rich experience in helping with various difficult cases that fall under the following conditions.

• Newly married couple
• Couples/Couples under the age of 18
• Remarried couple
• Applicants barred from entering Australia.
• Less well-documented couples
• Couples who have never lived together
• Applicants who need a guarantor
• Same-sex couples

Based on our long experience in the field, we can help our clients with a spouse visa or fiance visa. Please contact us if you have any questions regarding visa procedures.

Ph:               +82- 2-2058-1119
Email:         matthew@gaconsulting.co.kr
Address:     Seongji Heights 3rd 19th floor GA Consulting, 507 Nonhyeon-ro, Gangnam-gu, Seoul

 

HOW CAN I APPOINT GA CONSULTING AS MY MIGRATION AGENT?

Most people want to bring their family to Australia and start working and living in Australia together as soon as possible. GA Consulting helps families get their visas as quickly as possible by promptly and accurately proceeding with all related procedures.

GA Consulting is one of the few Australian MARA Registered Agents in Korea and the oldest continually registered one led by Registered Migration Agent (MARN 0701626) Matthew Halliday who has been located in Korea for more than 12 years.

If you would like to appoint GA Consulting as your agency, please contact us at your convenience.