Australian Partner Visa Services (Subclass 309, 820, 300)

The Australian Partner Visa serves as a vital "bridge," enabling spouses or partners—whether currently living apart in two different countries or together in Australia—to officially reunite and build a long-term shared life.

This is not merely an immigration procedure; it is the legal validation of a **genuine and continuing** relationship, where authenticity and a lifelong commitment stand as the most critical evidence.

At MK Lees Immigration, we do more than just assist with administrative paperwork; we provide comprehensive legal solutions, representing and advocating for your relationship before the Department of Home Affairs to ensure the smoothest migration journey.

PART 1. CLASSIFICATION & DETAILS OF AUSTRALIAN PARTNER VISAS

The Australian Partner Visa application process is generally divided into two stages (Temporary and Permanent) but is lodged as a combined application. The ultimate goal is Permanent Residency (PR).

Depending on your geographical location at the time of application, we advise on and execute the following three main solution pathways:

1. Offshore Partner Visa – Subclass 309/100

This pathway is for spouses or partners **currently outside Australia** who wish to reunite with their sponsor in Australia.

The Process:

• Subclass 309 (Temporary): Allows entry to live and work in Australia while awaiting permanent residency processing.
• Subclass 100 (Permanent): Assessed approximately 2 years after lodging the application.

Characteristics & Specific Challenges:

• The applicant MUST be outside Australia when applying and when the temporary visa (309) is granted.
• Due to geographical separation, proving "12 months of cohabitation" (for De Facto relationships) is often difficult. Solution: We will guide you through the official Relationship Registration (Civil Partnership) process in Australia to waive the living requirement and strengthen the genuineness of the application.

2. Onshore Partner Visa – Subclass 820/801

The optimal solution for those legally present in Australia who wish to regularize their settlement without leaving the country.

The Process:

• Subclass 820 (Temporary): Allows you to remain in Australia, granting a Bridging Visa to continue living, working, and accessing Medicare while awaiting the substantive visa.
• Subclass 801 (Permanent): The final stage to becoming a permanent resident.

Characteristics & Specific Challenges:

• The applicant must hold a valid visa (barring certain excluded types) and must NOT be subject to a "No Further Stay" condition (e.g., 8503, 8534...).
• If the current visa has this restrictive condition, a successful Waiver must be obtained before lodging the application. This is a processing strength of MK Lees Immigration.

3. Prospective Marriage Visa – Subclass 300

Designed for those wishing to come to Australia to marry their prospective spouse. This is an ideal stepping stone if you do not yet meet the cohabitation requirements to apply for a Partner Visa immediately.

• Rights: Granted a visa to enter Australia and stay for approximately 9 - 15 months to legally marry.
• Transition Pathway: After marrying in Australia, we will assist the applicant in lodging a subsequent Onshore Partner Visa (820/801) for permanent settlement.

Characteristics & Specific Challenges:

• Location Requirement: The applicant must be outside Australia when applying and when the visa is granted.
• Prerequisites: The couple must prove they have met in person (met face-to-face) and have a genuine intention to marry within the visa validity period.

PART 2. CORE REQUIREMENTS (APPLICABLE TO ALL VISA TYPES)

To ensure a successful visa application, both the applicant and the sponsor must meet the following strict standards:

• Identity & Character: Both parties must be at least 18 years old. The sponsor must be an Australian citizen, a permanent resident, or an eligible New Zealand citizen. The applicant must meet Health and Character requirements (Police Checks).

* Note: If the relationship has existed for 3 years or more (or 2 years with a dependent child), the applicant may be considered for the immediate grant of a Permanent Visa (Subclass 100 or 801) – known as a Long-term Relationship.

PART 3. CHALLENGES & SOLUTIONS FROM MK LEES IMMIGRATION

The Australian migration visa process is fraught with risks for the inexperienced: insufficient evidence, legal errors, or sensitive complexities (previous divorces, family violence, or health issues).

As your Migration Representatives, MK Lees Immigration provides comprehensive solutions:

• Personalized Strategy: Free assessment to select the safest and most appropriate pathway (Onshore/Offshore/Prospective Marriage).
• "Decision-Ready" Applications: Expert guidance on gathering and organizing evidence logically from the start to expedite processing times and minimize Requests for Information (RFI).
• Complex Case Management: Extensive experience in handling complex applications, including prior refusals or those requiring Waivers.
• End-to-End Support: We monitor your application from the Temporary stage until you successfully hold your Permanent Residency.

CONTACT US NOW TO REALIZE YOUR AUSTRALIAN MIGRATION DREAM!