A Tier 2 Visa is a visa that falls under the Points Based System (PBS), established for foreigners living outside the European Economic Area and Switzerland, to come and work in the UK.

Applicants that find themselves in one of the following categories can apply for a Tier 2 Dependent Visa:

• Tier 2 General – For the highly skilled workers with a job offer in a shortage profession in the UK.
• Tier 2 Minister of Religion – For the religious workers with a job offer in a religious post in a faith community in the UK.
• Tier 2 Sportsperson – For sportspeople or sport coaches with a job offer in the sport sector for a position benefiting the overall advancement of the UK sport.
• Tier 2 Intra Company Transfer – For the foreign workers or graduate trainees of a multinational company in a foreign country, with a job offer in a UK branch of the same company.

Who qualifies as a Tier 2 Dependent?

If a person is residing in the UK under the Tier 2 Visa, or applying for a Tier 2 visa, then they are allowed to bring their dependents to the United Kingdom.

There is a narrow list of who qualifies as a Tier 2 dependent, as follows:

• Spouse.
• Unmarried or same-sex partner.
• Child aged under 18 at the time of application.
• Child over 18, if they’re currently in the UK as a dependent.

How to apply for a Tier 2 Dependent visa?

Depending on whether they are in the UK at the time of application, or outside the UK, Tier 2 Visa holders’ dependents will have to follow a UK visa application process that differs from the other.

Dependents applying from outside the UK

When a dependent applies from outside of UK then they must apply online. They should also give their biometrics at the visa application center as part of the application process.

If they are granted with a visa, they will need to collect the Biometric Residence Permit within 30 days of their arrival in the UK.

Dependents applying in the UK on their own

If the dependent is already in the UK in another type of visa, then they can apply to switch to Tier 2 Dependant Visa, without having to go back to their country. However, keep in mind that one cannot switch from any type of visitor visa to another type of visa. The UK visa that the dependant is currently holding when applying to switch to Tier 2 Dependant Visa must be some type of i.e. working visa, studying visa etc.

Only the spouse or children of a Tier 2 Visa holder are allowed to apply online in such case. If the applicant needs an answer for a shorter period they can always use a priority service, or get a decision on the day of their application at a premium service center. Of course, for such services one will have to pay extra fees.

The dependents will also have to give their biometrics, fingerprints and photo, at a certain Post Office branches if they applied online, for which a fee of £19.20 has to be paid. This can also be done at a premium service center if they applied in person.

Tier 2 Dependent Visa Eligibility Criteria

There are a few requirements that the Tier 2 Visa holder must fulfill in order to be able to bring people with him to the UK. Aside of the dependents belonging to one of the categories listed above, the other requirements are as listed below:

• Ability to pass the general grounds for refusal of a UK visa.
• Capacity to qualify as a family member of a Tier 2 migrant. You have to be a family member of a person who:
  • Applies along with you, or already holds a Tier 2 visa.
  • You’re their partner and they already hold an ILR or British citizenship, after having held LR in Tier 2 visa category.
  • You’re their child and they already hold an ILR or British citizenship, after having held a LR in Tier 2 visa category.
• Lawful immigration requirement. You must not have entered or stayed in the UK illegally, i.e. without a visa, or have a history of overstaying. This is the key requirement when applying for an extension or settlement permit.
• You must not intend to remain in the UK when your partner’s or parent’s visa expires.
• Financial requirement. You must have the needed money to cover your subsistence costs.
• Capability to qualify as a partner of a Tier 2 migrant (If you’re applying for Tier 2 Partner Visa).
• Age requirement. Both, you and your partner must be at least 18 when you arrive to the UK, or when getting the visa.
• Your partner’s immigration status. Your partner has to be in any of these situations:
  • Holding a valid Tier 2 visa.
  • Applying with you for Tier 2 visa as the main applicant.
  • When you apply for a Tier 2 Dependent Visa extension, your partner must be holding a valid ILR in Tier 2 visa category, or a British citizenship, after having held an LR in Tier 2 visa category.
• Married/civil partner key requirements. You must not be in a polygamous marriage/civil partnership with your partner.
• Unmarried/same-sex relationship key requirements. You and your partner should have been in relationship same as marriage/civil partnership for at least 2 continual years.
• Genuine relationship requirement. The relationship between you and your partner should be genuine and you must plan living together for the entire period of stay in the UK. And, you must not be closely related to each other, in such a way that in the UK marrying each other would be considered illegal.
• Immigration status requirement. You must not be a previous holder of the following visas:
  • UK visitor visa.
  • Short-term study visa on or after April, 2015.
  • Parent of a Tier 4 (child) student on or after April, 2015.

Personal Savings

You need to show proof that you have an extra £630 available for each dependent that you plan to bring to the UK. If you present a bank statement, the money most have been in your bank account or your dependent’s bank account, for longer than 90 days before the application date.

You will not need to show proof of your savings only in case you have a fully approved (A-rated) sponsor or you possess a certificate of sponsorship that states your sponsor will provide each of your dependents with at least £630 per month if they need it.

Tier 2 Children Dependents

When it comes to bringing children to the UK under the Tier 2 Dependent Visa, things are a bit more complicated. The process of the application process for children depends a lot in the relationship of their parents. That is why, for a child to qualify for a dependent visa, he or she must meet one of the following:

• The whole family is applying for UK visas at the same time (one parent is applying as under the Tier 1 visa, while his/her spouse and children as their dependent)
• Both parents are in the UK (one of them or both under the Tier 2 Visa), while the underage child is applying to join them from abroad as a dependent
• One parent is in the UK, while the other is applying together with the child to join as a dependent from abroad

However, exempt from meeting one of the above rules are the families with one of the following cases:

• When only one parent is alive
• When one parent holds the sole responsibility for the child
• When there are serious or compelling considerations which must be taken into account

In either case, documents must be submitted when applying in order to prove that the applicant is in one of the above-mentioned situations.

Required Documents for a Tier 2 Dependent visa

A person applying to get to the United Kingdom as the dependent of a Tier 2 Visa holder, must submit the following documents during their interview with the interviewer:

• Appointment sheet. Proving the applicant has appointed a visa interview.
• Passport. Valid for 6 months beyond the planned stay, with at least one blank page in order to be able to affix visa
• Application form. In some locations you can only apply by making an online application, check that with the UK embassy in your home country. If you can apply online, take the confirmation form with you. If you cannot, fulfill the application form, print it twice, sign them at the end and bring both with you.
• One UK visa photo in color. 45mm high by 35mm wide, taken within the last month and printed to a professional standard.
• Original birth certificate or marriage certificate. It must show dependent’s relationship to principal Tier 2 work visa holder.
• Previous passports. In order to show your previous travel history. If you have more than one, do not staple them. Instead, just tie them with a rubber band.
• Official translations of every document that is not in English
• Tuberculosis screening. If you are from a country the nationals of which are required to take a tuberculosis screening

The embassy or consulate where you are applying holds the right to require extra documents from you or your sponsor. Before starting to gather the required documents ask the embassy in your country for a checklist, just to make sure, because in some countries you might be asked for extra or less documents.

You documents, including your passport will remain at the embassy / consulate, during the time your application is being reviewed.

Tier 2 Dependent Visa Work Eligibility

If you come to the UK and you have the required age which permits you to work, then you are allowed to take a job according to your qualifications. The only exception is that Tier 2 Dependents are not allowed to work as a doctor in training.

In addition, if you come to the UK as a Tier 2 Spouse Dependent then you are not allowed to switch your visa to a Tier 2 Visa once in UK, even if you find a job that requires highly skilled persons. You will have to return to you home country and apply from there in order to be able to obtain a Tier 2 Visa.

Tier 2 Dependent Visa Extension

Every person remaining in the UK as a dependent of a Tier 2 Visa holder, has the right to apply to extend their stay in the UK. The applicant needs to meet the requirements, as well as the Tier 2 visa holder. You cannot extend your visa if the main Tier 2 Migrant decides to leave the UK when their visa period ends.

What I Am Allowed To Do with a Tier 2 Dependent Visa?

These are the main activities you’re allowed to perform in the UK as a Tier 2 Dependent:

• Stay in the UK for as long as the main Tier 2 Migrant legally lives in the UK.
• Travel outside the UK.
• Work under some restrictions.
• Study under certain conditions.
• Take a postgraduate course.
• Get married/enter into a civil partnership.
• Extend the visa.

What I Am Not Allowed To Do in the UK with a Tier 2 Dependent Visa?

These are the activities you’re not allowed to perform in the UK as a Tier 2 Dependent:

• Use the public funds and benefits.
• Work as a dentist/doctor in training, or as a sportsperson.
• Study in a restricted study field.

Can a Tier 2 Dependent Visa Holder Apply for Settlement Permit?

You can apply for Indefinite Leave to Remain after having lived in the UK for 2 continuous years (if initial application was made before July 9, 2012) or 5 continuous years (on, or after such date). This applies if the person on whom your stay in the UK relies on qualifies for settlement permit, or has already been settled permanently.

Requirements to Apply for a Settlement Permit as a Tier 2 Dependent

• Evidence of possessing a valid Tier 2 Dependent Visa.
• Evidence for having been in the UK for 2 or 5 continuous years.
• Proof of absences you have made from the UK during the qualifying period of residence.
• Proof of that your parent/partner has a valid Tier 2 visa. Or, they are settled or have become British citizens.

Can I Study in the UK as a Tier 2 Dependent?

As a Tier 2 Dependent, you can study under certain restrictions. This includes being at least 18 of age to be able to study, and most likely getting an Academic Technology Approval Scheme (ATAS) Certificate.

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There are three types of Mexican visas:

• The Tourist Visa, which allows the holder to stay in Mexico for up to 180 days for purposes that do not include lucrative activities (paid employment).
• The Temporary Resident Visa, which is issued to foreign nationals who want to live in Mexico for longer than 180 days. In addition to a Mexico Work Permit, the holder is allowed to live and work in Mexico legally for up to four years, which is known as a Mexico Work Visa. Guide to getting a temporary resident visa for digital nomads in Mexico.
• The Permanent Resident Visa, which is issued to foreigners who want to permanently settle in Mexico. This type of visa is most common for retirees, which is why it’s also referred to as a Mexico Retirement Visa. Foreigners with close family ties to Mexico as well as those who have lived in Mexico for a considerable amount of time are also eligible for permanent residency in Mexico.

This article aims to serve as a guide to the Temporary Resident Visa and its types, specifically the Work Visa and Work Permit for Mexico.

Types of Temporary Resident Visa for Mexico

The main types of Temporary Resident Visas for Mexico are:

• The Mexico Work Visa, which allows the holder to take up paid employment in Mexico. In order to get a Mexico Work Visa, the applicant must initially get a Work Permit. See a more detailed explanation of the Mexico Work Visa lower on this article.
• The Mexico Student Visa, which is issued to foreign students who want to pursue their studies in a Mexican educational institution. Click here for a more detailed explanation of the Mexico Student Visa.
• The Mexico Family Visa, which is issued to foreigners who want to join a close family member who is living in Mexico. Click here for a more detailed explanation of the Mexico Family Visa.

What are the Requirements for a Mexico Temporary Resident Visa?

When applying for a  Temporary Resident Visa for Mexico, you must have several supporting documents with you, such as:

• A Mexico Visa Application Form, printed and signed. If the applicant is a minor, the parents or legal guardians have to sign the application form.
• A passport or other travel document, which has blank pages so the visa can be affixed.
  • Also include a photocopy of your passport’s relevant pages
• Recent passport-size pictures in line with Mexico requirements
• Visa fee payment
• Additional documents related to your purpose of travel, such as:
  • Proof of family relationship, for Mexico Family Visas
  • Proof of enrollment in a Mexico educational institution, for Mexico Student Visa
  • Proof you have obtained a Mexico Work Permit and a copy of your work contract if applying for a Mexico Work Visa
• Any additional documents that the Mexican embassy asks you to provide.

How to Apply for a Mexico Temporary Resident Visa?

The application process for obtaining a Temporary Resident Visa for Mexico is divided into two parts:

• Applying for the Temporary Resident Visa at a Mexican embassy
• Exchanging the Temporary Resident Visa into a Temporary Residence Card at the National Immigration Institute (Instituto Nacional de Migracion (INM)) in Mexico

Applying for the Temporary Resident Visa

The application process for getting a Mexico Temporary Resident Visa is:

1. Contact a Mexico embassy to set up an appointment. You can find a list of Mexican embassies here.
2. Complete the Mexico Visa Application Form. You can find the application form on the website of the Mexico embassy where you will apply or at the embassy itself.
3. Collect the required documents. See the requirements for a Mexico Temporary Resident Visa below.
4. Submit the application and pay the visa fee. On the date of your appointment, you must submit the documents and application form at the Mexico embassy. You also have to pay a Mexico visa fee.
5. Wait for the visa to be processed
6. Pick up your passport. If the application is approved, the visa will be affixed to your passport.
7. Travel to Mexico and exchange your Temporary Resident Visa into a Temporary Residence Card

Keep in mind: Different embassy offices may have their own different requirements when it comes to the visa application process. This is why it is important to always contact them or visit their website to learn about the specific requirements, opening hours, etc.

Exchange the Temporary Resident Visa into a Temporary Residence Card

Within 30 days of arriving in Mexico with a Temporary Resident Visa, you must apply to exchange it into a Temporary Residence Card. You can get your Residence Card at an office of the National Immigration Institute in Mexico. When you apply, you should have the following with you:

• The Resident Card request form, which you can download from the website of the Immigration Offices.
• Your passport with the Temporary Resident Visa affixed
• The Forma Migratoria Múltiple (FMM) which you received at the airport
• Payment of the Resident Card
• A cover/request letter for the Temporary Resident Card addressed to the Instituto Nacional de Migración
• Any additional documents related to your purpose of travel

Mexico Temporary Resident Visa Processing Time

The processing time for a Mexico Temporary Resident Visa depends on the embassy in which you apply. You can expect to wait anywhere from one week to a month. This is why it is advisable that you apply for a visa at least one month before you plan to travel to Mexico.

Mexico Temporary Resident Visa fee

The fee for a Mexico visa is around $36. However, the visa fee may change depending on the country in which you submit your application, as does the payment method. Some embassies may require you to pay the fee upfront via bank transfer while others ask you to pay in cash.

You will also have to pay for the Tourist Card once you land , which may be between $15-$30. The prices for a Mexico Tourist Card may change slightly from time to time.

Additionally, you also have to pay a fee for the Mexico Temporary Resident Card at the INM. You have to pay a processing administrative fee as well as the fee for the card itself. The price of the Temporary Resident Card depends on the number of years it is issued for, and ranges from 3,000 to 7,000 Mexican Pesos.

What is the Duration of a Temporary Resident Visa Mexico?

The duration of the Temporary Resident Visa itself is 180 days. This is why once you arrive in Mexico you must apply to turn it into a Temporary Resident Card within 30 days.

The Mexico Temporary Resident Card is valid for one year on the first issuance and can be renewed for another one, two, or three years.

After four years of living with a Temporary Resident Visa, you become eligible to apply for Permanent Residency.

How to Renew a Temporary Resident Visa for Mexico?

At least 30 days before your current Temporary Resident Card expires, you must apply for a renewal at the Instituto Nacional de Migración. You can renew your Temporary Residence Card for up to four years, which is when you can get a Permanent Residence Card.

How to Apply for a Mexico Work Visa?

The application for a Mexico Work Visa is the same as for all other types of Temporary Resident Visas (see above). However, the difference is in the process before you apply for the visa.

Before you submit a Mexico Work Visa application at the Mexican embassy, your employer has to get a Work Permit on your behalf from the National Immigration Institute. This means you must already have a job offer in Mexico beforehand. As such, the application process for a Mexico Work Visa is:

• Find a Mexican employer
• Your employer obtains a Mexico Work Permit for you
• Within 15-30 days of obtaining the Work Permit, you must apply for a Temporary Resident Visa from a Mexican embassy abroad
• Once you enter the country, you must get a Temporary Residence Card from the National Immigration Institute

How to apply for a Mexico Work Permit?

It is your employer who applies for the Mexico Work Permit on your behalf. When they apply, they must submit the following documents at the National Immigration Institute:

• The Mexico Work Permit Request Form
• The original job offer/contract, stating the full details of the job: your salary, the duration of your work, your position, the company’s address, etc. The letter must be written on the company’s letterhead.
• A full photocopy of your passport
• Your original diplomas, transcripts, and other certifications (legalized)
• Your CV
• Documents related to the company that’s hiring you, such as:
  • The Articles of Incorporation
  • A list of the employees and their nationalities
  • Proof the company’s paid the due taxes
• Documents regarding your financial status (bank statements, pay slips)

If the Work Permit application is approved, you will receive a Unique Processing Number (NUT) in a letter format which you must present to the Mexico embassy when you apply for the Temporary Resident Visa.

Can You Work in Mexico With a Visitor Visa?

If you intend to work in Mexico for less than 180 days, then you may apply for a “Visitor Visa with authorization to perform remunerated activities”. This type of Mexico visa allows the holder to work, but only for the 180 days that it is issued. Once it expires, you may not renew it.

You may apply for a Working Tourist Visa at a Mexico embassy with approval from the National Immigration Institute (INM).

However, if you enter Mexico with a regular Tourist Visa or Tourist Card, then you are not allowed to work.

What if I Lose or Damage my Mexican Resident Card?

If you lose or damage your Mexican Resident Card, you must visit the local immigration office and apply for a replacement. You must have the following documents with you:

• Your passport (original and a photocopy)
• Residence card replacement fee
• Three pictures, two showing you face-front and one from your left side profile
• If your resident card was damaged: Submit the Tourist Card (FMM) and your entrance Visa along with the residence card
• If your resident card was stolen/lost: Submit the Tourist Card (FMM) and your entrance Visa
• Form to request immigration procedure stay (here)
• Any additional documents the immigration office may request

If you lose or damage your Mexican Resident Card while you are abroad, you must approach a Mexican embassy to request a replacement.

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However, that’s not always the case. The Costa Rica visa policy is divided into four groups:

1. The first group included visa-exempt nationals who are allowed to travel to Costa Rica with just their passport. The passport must be valid for at least one more day from the date of entry into the country.
2. The second group also includes visa-exempt nationals who are allowed to travel to Costa Rica with just their passport. However, in this case, the passport must be valid for at least three months from the date of arrival.
3. The third group includes foreign nationals who need a Costa Rica Consular Visa, which must be applied for at a Costa Rica consulate in their country of residence.
4. The fourth group includes foreign nationals who need a Costa Rica Restricted Visa. This type of visa has to be approved by the Commission of Restricted Visas.

This article will detail the Costa Rica visa policy by country.

Do You Need a Visa for Costa Rica?

You only need a Costa Rica visa if you are from one of the following countries:

Foreign nationals who need a Costa Rica Consular Visa (Third group)

The following countries have to apply for a Costa Rica Consular Visa at a Costa Rica consulate in their country:

Foreign nationals who need a Costa Rica Restricted Visa (Fourth group)

Nationals from the following countries have to apply for a Costa Rica Restricted Visa, which requires authorization form the Commission of Restricted Visas:

Who is Exempt from Costa Rica Visas?

The following nationals are exempt from holding a visa when travelling to Costa Rica:

For stays of up to 90 days

For stays of up to 30 days

Do You Need a Costa Rica Visa if You Already Have a US/Schengen visa?

Visa-required foreign nationals may be exempt from holding a Costa Rica visa if they already have a valid entry visa for one of the following countries:

• An EU member state
• A Schengen country
• USA
• Canada
• South Korea
• Japan

Additionally, foreign nationals on the third and fourth group are exempt from holding a Costa Rica visa if they have a residence permit (not less than six months) for:

• USA
• Canada
• An EU member state

Do US Citizens Need a Visa for Costa Rica?

If you are a US national, and you want to stay in Costa Rica for a period longer than 90 days, you will need a residence permit. You can get a Costa Rica residence permit in two ways:

• By applying for a provisional visa (student visa, work visa) at a Costa Rica consulate before you travel to Costa Rica or
• Enter Costa Rica as a tourist and apply after you arrive in the country at the Costa Rican Department of Immigration (Dirección General de Migración y Extranjería).

This applies to all the foreign nationals included in group 1 and 2 that are allowed visa-free access to Costa Rica.

What if I Need to Apply for a Costa Rica Visa?

If you need to apply for a visa to Costa Rica, you can review the application steps and requirements here.

The post Do I Need a Visa for Costa Rica? appeared first on Visa Consulate - Visa Information For Any Country.

The 801 Visa is the second stage to becoming a permanent resident – before that, you have to apply for a Temporary 820 Visa.

How Long Does It Take to Get 801 Visa After 820?

From the moment you get the 820 Visa, you usually have to wait about two years before you become eligible for an 801 Visa. However, you may be able to get the 820 and 801 visas at the same time if:

• You and your partner have been together for at least 2 years – married or cohabitating – and have a child together.
• You and your partner have been together for at least 3 years – married or cohabitating – and you do not have a child together.

Eligibility Requirements for the Subclass 801

To be eligible for the 801 Visa, you must still continue to be in a relationship with your partner (sponsor). Additionally, you must also still meet the requirements for becoming a permanent resident of Australia, such as:

• Be of good character.
• Have paid all debts to the Australian government.
• Have a valid 820 Visa.

801 Visa Requirements

The documents you will have to submit before you get the 801 Visa include:

• Scanned copies of your passport. Include the personal information, picture, and expiry date page.
• Proof you and your partner are still in a relationship.
  • Marriage certificate (for married spouses).
  • Proof you are in a committed, monogamous relationship and that you live together (for defacto partners).
• A completed “Statutory Declaration – Partner visa (sponsor)” form. Find it here.
• Proof you and your partner have joint finances. This can be a joint mortgage or bank loan, utility bills in both names, a joint bank account etc.
• Proof you and your partner are equal domestic partners. This can be a statement regarding the way you share housework, proof you have joint custody of your kids, etc.
• Two completed copies of Form 888 “Statutory declaration by a supporting witness in relation to a Partner or Prospective Marriage visa application”. This form is proof that people know of your relationship, and must be completed by family members, friends, or relatives.
• Australian police certificate for yourself and any dependents over the age of 16. Only if you did not submit it for the temporary visa application.
• If there has been a change in your circumstances, provide:
  • Completed Form 1022 – Notification of changes in circumstances.
  • Additional documents, as related to the change (marriage certificate, adoption If you have a new or updated passport or changed your address.
• Form 929 – Change of address and/or passport details (if applicable).
• Passports of your dependent children.
• Any documents about changes in situation for your dependent children.
• Scanned passport of your spouse (must show their signature) or their Australian driver licence.

Remember:

• You may have submitted many or all of these documents when you originally applied for the 820/801 Visa joint application. You are submitting them again only to prove that you and your spouse still meet the requirements.
• You have to translate any Australian visa documents you submit. Make sure that the translator is accredited by the National Accreditation Authority for Translators and Interpreters.
• You do not need to certify the documents for the Subclass 801 Visa.
• You have to scan (in color) any documents you submit.
• You have to save each documents as a single file, even if it has multiple pages.

How to Apply for the 801 Visa?

Technically, you have already applied for the Permanent 801 Visa when you submitted your application for the Temporary 820 Visa. Now, you must simply submit additional documents so that the Department of Home Affairs can see if you are eligible to become a permanent resident.

1. On the ImmiAccount, you have to start the application for “Complete Stage 2 – Permanent Partner Visa Assessment (100, 801)”.
2. You will be required to submit similar documents as when you applied for your temporary resident visa, so that you can prove you continue to meet the requirements.
3. The earliest you can submit your application is one month before the two years date. Do not submit an application earlier than that, unless you receive an email isntructing you to do so.

NOTE: If you received the 820 and 801 Visas at the same time, you do not need to submit an additional application or documents.

Cost of the 801 Visa

You have paid for the 801 Visa when you initially applied two years ago, so no additional visa fee is required. However, you still have to pay other fees, such as:

• The police certificate.
• Health check fees.
• Marriage certificate.
• Passport-size pictures.
• Mailing or postage fees.

The additional fees for certificates and mail can easily add up to a few hundred dollars.

Is 801 Visa Permanent Residency?

Yes, the 801 Visa leads to permanent residency in Australia. As a permanent resident, you can

• Live and work in Australia indefinitely.
• Study in Australia, and receive government assistance for tertiary education.
• Register for Medicare, Australia’s public healthcare scheme
• Sponsor any other eligible family members to come to Australia
• Leave and re-enter Australia as many times as you wish for the first five years. After five years, you have to either get a Resident Return (RRV) or Australian citizenship.
• Attend English language classes which are administered by the Adult Migrant English Program.
• Become an Australian citizen, a few years later.

Can I Add My Child to the Application?

Yes, you can add a child to your 801 Visa application even if you did not include them in the temporary visa application. To do so, your child has to get a Dependent Child Visa (Subclass 445) and travel to Australia. Then, you must complete Form 1002 “Application by a subclass 445 dependent child for a permanent partner visa” and attach it to your ImmiAccount.

Your child or children must meet the Australian health requirements. If they 16 years of age or older, they also have to get a police certificate.

801 Visa to Citizenship

Four years after you receive your Partner Visa (Sublcass 801), you can apply for Australian citizenship. The citizenship requirements are:

• You must pass a citizenship test, unless you are 60 or older.
• You must not have lived outside Australia for longer than 12 months during the last 4 years.
• You must not have been outside Australia for longer than 3 months in the last 12 months.
• You must be living in Australia at the time of application and you must continue to intend living there.

Can You Become an Australian Citizen by Marriage?

Yes, if you marry an Australian citizen or permanent resident, then you can initially apply for a Partner Visa to join them. A few years after becoming a permanent resident, you may apply for citizenship. You can test your eligibility for citizenship on the Citizenship Wizard tool (an online quiz) on the website of the Department of Home Affairs.

Although permanent residents enjoy a lot of the same benefits as Australian, as a citizen, you wouldn’t need to apply for a Resident Return Visa to be able to travel in and out of the country, you could get an Australian passport, and vote, just to name a few benefits.

Can 801 Visa Be Cancelled?

Yes, an 801 Visa can be cancelled if you no longer meet the requirements of the visa, if you break the rules, or if you provided false information during your application. Before final cancellation, the Department of Home Affairs will notify you why they want to cancel your visa, and you will be able to appeal the decision and provide evidence why you should keep it.

Your partner cannot cancel your visa – at least not once you have already received it. However, they can withdraw their sponsorship while the visa is still processing.

To cancel a visa or withdraw an application, your sponsor would have to submit a written request to the Department of Home Affairs, along with their name and birth date, visa transaction reference number (TRN), and a statement which confirms they want to withdraw the sponsorship.

If your visa has been cancelled, you either have to immediately leave Australia or apply for a Bridging Visa.

What Happens if You Break Up on a Partner Visa 801?

If you have an 801 (Permanent) Visa, and you break up, you will likely still be able to still stay in Australia. However, it could raise questions about the legitimacy of your relationship, and if the DHA thinks that you were never in a relationship, your visa could be cancelled.

However, if you break up before getting the 801 Visa (i.e. you are still a temporary resident), you can stay in Australia only in the following circumstances:

• You were a victim of domestic violence.
• You and your partner have joint custody of an Australian child.
• Your partner has passed away.

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The Partner Visa (Subclass 820) is the first visa in a two-step process. Two years after receiving it, you become eligible for permanent residency (the Partner Visa 801) and you can settle in Australia long-term.

Eligibility for the Partner Visa 820

To receive the Partner Visa 820, you and your partner have to fulfill the following requirements:

• You have to be married or in a de-facto relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
• You must both be over the age of 18.
• If you are in a de facto relationship, you must have lived together for at least 12 months. The time you were not in a de facto relationship (ie. distance relationship, dating) may not count.
• You must meet the health requirements. This means you may have to get a medical examination by an approved doctor.
• You must not have a criminal background and meet the character requirements.
• Your partner (sponsor) must not have sponsored someone else in the last five years. If they did sponsor someone else, it cannot have been in more than two occasions.
• Your partner must not have been sponsored by another partner in the last five years.

Partner Visa 820 Documents Checklist

The documents you will have to submit when you apply for your Partner Visa 820 are:

• Your passport. You should attach scanned electronic copies of the passport pages showing your photo, personal details, and the issue and expiry dates.
• Your birth certificate, stating the names of both your parents. In case you cannot provide a birth certificate, you may also submit:
  • Identification pages from a family book or family census register, or
  • Document of identification that was issued by a government body or court.
• Marriage certificate, if you are married.
• If you are in a de facto relationship:
  • Proof that you and your partner are exclusively committed to each other.
  • Proof that you are in a genuine and continuing relationship.
  • Proof that you live together.
  • Proof that you are not related to each other.
• A written statement, with the following information:
  • How, where, and when you have met.
  • How your relationship has developed over time.
  • The date when you got married, engaged, or moved in together, as relevant.
  • Any notable moments in your relationship.
  • What you do together and description of any times you have been apart.
  • What your plans for the future are.
• Proof of how you manage your joint finances, such as:
  • Documents of a mortgage or lease you share.
  • Proof of loan for a house, apartment, car, or any other major assets.
  • Statements from a joint bank account.
  • Utility bills.
• Proof of how you manage your household and domestic life, such as:
  • A letter about how you share your household chores.
  • Household bills in both of your names.
  • Mail or emails, which are addressed to both of you.
  • Proof of your living arrangements.
  • Proof of having joint custody of your children (if relevant).
• Proof that other people know of your relationship, such as:
  • Proof you have gone out together with other people.
  • Proof you have friends in common.
  • Proof you have done cultural, sporting, or other social activities together.
  • Proof you have traveled together.
  • Proof you have told public, commercial, or government bodies about your relationship.
• Proof that you are in a committed relationship with each other, such as:
  • Evidence of having joint personal belongings.
  • Proof that you check in with each other and stay in touch even when you are apart.
  • The conditions of your wills.
• Proof of any previous relationship, such as divorce papers.
• Police certificates from any country you have lived in for longer than a year within the last 10 years.
• A completed Form 80 – “Personal particulars for assessment including character assessment”.
• Documents for your dependents:
  • Identity documents.
  • Proof of your relationship to them, such as a birth certificate.
  • Under 18: Consent from a parent or legal guardian of the child, who has custody over them and is not travelling along with them.
  • Over 18: Proof of their dependence on you.

All the documents you submit have to be certified and translated into English.

How to Apply for the 820 Visa?

You have to apply for the 820 Visa online when you are already in Australia, which means you first have to enter the country with some type of temporary Visitor Visa. You can also apply for the 820 Visa if you currently have a Prospective Marriage Visa. The step-by-step application process is:

1. Gather the required documents.
2. Login to your ImmiAccount and start the application.
3. Pay the Visa Application Fee. If you have already applied for a Prospective Marriage Visa, the fee is reduced.
4. Submit the completed application.
5. Write down the transaction reference number (TRN) and application ID and give them to your partner. They need it when they apply for Sponsorship.
6. Attach electronic copies of the required documents.
7. Your partner logs in to their own ImmiAccount and submits an application for “Sponsorship for a Partner to Migrate to Australia (300, 309/100, 820/801)”. They can also use your ImmiAccount to do so.
8. Your partner submits their ID, proof of legal stay in Australia, as well as police certificates.
9. You wait for your visa to be processed. In the meantime, you will receive a Bridging Visa so you can stay in Australia legally.

After the application, you may also have to enter an interview, in which you will have to prove the genuineness of your relationship. The officers will ask you questions about each other’s families and backgrounds, and questions about your relationship.

Can My Children Apply With Me?

Yes, you can add your children to the 820 Visa application and take them to Australia with you. To do so, your children have to be under the age of 18, unmarried, and under your custody. However, you can also bring your adult children with you, if:

• They are between the ages of 18 and 23 and financially dependent on you.
• They are over the age of 23, but they are dependent on you due to physical or mental limitations.

You can submit the application on your children’s behalf through your ImmiAccount. You must add additional documentation for them, as requested.

How Long Does the 820 Visa Take to Process?

It takes about two years for the Subclass 820 Visa to fully process. During this time, you can stay in Australia. Most applications are resolved within 22 months, but if your documents are not in order or if the Department of Home Affairs needs further information from you, it could take longer than that.

How Long Is the Partner Visa 820 Valid?

The Subclass 820 Visa is temporary. In most cases, you have to live in Australia with your partner for two years to become eligible for permanent residency. After two years, you have to submit additional documents to the Department of Home Affairs so they can determine if you are eligible for the 801 Visa (which is permanent).

However, if you and your partner have a child together or have been in a long-term relationship of over three years before you got the 820 Visa, you will immediately get the permanent residency visa as well. You do not need to further prove your eligibility or wait for two years.

Benefits of the Partner Visa 820

Once you have the 820 Visa, you will be able to do the following:

• Work and study in Australia. However, for studying you are not entitled to government support, like Australian citizens or permanent residents are.
• Travel to and from Australia as many times as you wish.
• Enrol on public healthcare in Australia (Medicare).
• If you need help with your English, you can take free English language classes provided by the Australian Adult Migrant English Program. You are entitled to 510 hours of classes.
• Live in Australia with your partner until you become eligible for the permanent 801 Visa. During this time, you can also bring your children with you, if you have any. Then, once you get the permanent visa, you will also become eligible for Australian citizenship.

Partner Visa 820 Cost

The cost of the 820 Visa is AUD 7,850 for the main applicant. If your dependent children are applying with you, you also have to pay:

• AUD 3,930 for each dependent child over the age of 18.
• AUD 1,965 for each dependent child under the age of 18.

However, if you have already applied for and received the Prospective Marriage Visa (300), you have to pay the following discounted fees:

• AUD 1,310 for the main applicant.
• AUD 660 for each dependent child over the age of 18.
• AUD 660 for each dependent child under the age of 18.

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You will get the temporary visa first and, two years after you travel to Australia, you can finally get the permanent visa. You will have to submit a few other documents prior to getting permanent residency but you do not need to pay another processing fee.

The reason you apply for both visas simultaneously, but do not get the permanent one until much later, is because the Australian government wants you to truly have close ties with Australia before you become a permanent resident.

Partner Visa Subclass 100 Conditions

To become eligible for the Subclass 100 Visa, you must meet the following conditions:

• You must have a Partner Visa 309.
• You must still be married or in a de facto relationship with your sponsor.
• You and your sponsor must have been in a relationship for at least two years or two years must have passed since you applied for the 309/100 Visa.
• During your relationship, you must have lived together.
• Your relationship must be exclusive and monogamous.
• You and your partner must be of good character.
• You must have paid any debts you have to the Australian government.

What Documents Do I Have to Submit for a Subclass 100 Application?

The documents you have to submit before can get the Partner Visa 100 are:

• Your passport, including the page with the signature.
• Documents proving your relationship with your partner is still ongoing. The documents are similar to what you already have submitted for the initial application:
  • Marriage certificate.
  • Proof of your defacto relationship.
  • Proof you live together.
  • Proof you share financial obligations.
  • Proof you share your domestic obligations.
  • Proof other people know about your relationship.
  • Proof you have gone out with other people.
  • Proof you have travelled together.
  • Proof you are committed to each other and keep in touch even when you are apart.
  • Proof you know about each other’s families and backgrounds.
  • Proof you share custody of children.
• Two copies of Form 888 “Statutory declaration by a supporting witness in relation to a Partner or Prospective Marriage visa application”. Two Australian citizens or residents whom you both know (friends or family) must complete this declaration.
• Australian police certificate.
• Police certificates from any country where you have lived in for longer than 12 months.
• Passports of all visa dependents.
• Police certificates for any dependents over the age of 16.
• Your partner’s passport.
• Your partner’s Australian driving licence.
• A completed copy of “Statutory declaration – Partner visa (sponsor)”. Your partner must complete this declaration.
• Documents related to any change in your situation. This could include:
  • Marriage certificate, if you have gotten married.
  • Birth certificate, if you had a child.
  • Adoption certificate, if you adopted a child.
  • Divorce papers, if you and your spouse divorced.
  • Proof you have changed your name.
• A completed Form 929 “Change of address and/or passport details”, if you changed your address or passport.

Make sure to submit your documents no earlier than one month before the two-year mark of receiving your 309 Visa.

The documents you submit for any Australian visa have to be translated into English.

How to Go From 309 Visa to Subclass 100 Visa?

About two years after you received your 309 Visa, the Department of Home Affairs will notify you that they will start processing your Permanent 100 Visa and give you a list of documents you should provide. You will have to log into your ImmiAccount and:

1. Complete Stage 2 – Permanent Partner Visa Assessment (100, 801).
2. Attach the required documents on the ImmiAccount. Make sure you do not submit the documents earlier than one month before the 2-year period ends.
3. Submit the application.
4. Keep note of your Transaction Reference Number (TRN).

The reason for the second set of documents is to make sure that you are still in a genuine relationship and meet the criteria to get permanent residence in Australia.

Do I Have to Wait Two Years to Get the Subclass 100 Visa?

Usually, you will only be eligible for the Subclass 100 Visa two years after you receive the temporary visa. However, if you and your partner have already been in a long-term relationship before applying for the visa, you can skip the two-year waiting period. A long-term relationship for Subclass 100 Visa purposes is defined as:

• If you have been married or in a de facto relationship for longer than three years.
• If you have been married or in a de facto relationship for more than two years and have a dependent child together.

In these cases, when the application for the 309/100 Visas is processed, you will get permanent residence immediately. You do not need to submit any further documents or start a new application later on.

Cost of the Subclass 100 Visa

You do not need to pay any processing fee for the Subclass 100 Visa. You have already paid for it when you submitted your joint 309/100 Visa application.

But remember, that in addition to Australian visa fees, you will likely need to spend some money on police certificates, birth and marriage certificates, postage fees, etc.

Subclass 100 Visa Processing Time

From the moment you submit your documents for the Subclass 100 Visa and until you receive it, it takes one to two years. However, if you take into account the two years it took to process your initial 309 Visa application and the two years you spent in Australia as a temporary resident, it is approximately five to six years until you become a permanent resident in Australia.

What You Can Do Once You Have the 100 Visa

From the moment you get the Partner Visa 100, you will be able to live and work in Australia indefinitely as well as:

• Study in Australian universities.
• Get public healthcare benefits.
• Sponsor a relative to come to Australia.
• Take free English language classes.
• Apply for citizenship once you become eligible.
• Travel freely in and out of the country for up to five years.

Your Travel Rights as a Subclass 100 Visa Holder

For the first five years of your visa, you can travel as many times as you want in and out of the country. However, once five years have passed, you will either have to

• Get a Resident Return Visa (RRV). This visa serves sort of like a passport, allowing you to travel and re-enter Australia as a permanent resident. You will not have the same visa-free travel rights as an Australian citizen, however.
• Look into becoming an Australian citizen. If you become an Australian citizen, you can get a passport and you will be able to enjoy the full travel and social benefits.

Going From Subclass 100 Visa to Australian Citizenship

You become eligible to apply for Australian citizenship four years after you receive the Permanent Partner Visa. You must comply with the following requirements:

• You have to be a permanent resident at the time of application.
• You have to be in Australia when they decide on the application outcome.
• You must not have been out of the country for longer than 12 months in the four years prior to the application and for longer than 90 days in the 12 months prior to the application.
• You must have at least basic knowledge of the English language.
• You must have knowledge of the Australian culture and way of life as well as the responsibilities and benefits accompanying citizenship.
• You must understand and be committed to upholding the Australian values of freedom, respect and equality.

What If the Application is Rejected?

If the Department of Home Affairs rejects your application for the 100 Visa, you may be able to file for an appeal with the Administrative Appeals Tribunal (AAT). Make sure to do your research and learn what you need in order to file an appeal for Australian visa denial because the process is subject to strict rules.

If you make a mistake or apply past the deadline, your appeal will be rejected.

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1. Subclass 309 Visa is temporary – it allows you to travel to Australia and wait about two years until you become eligible for permanent residency.
2. Subclass 100 Visa is permanent – you receive this once your 309 Visa expires.

As with other Australian Partner Visas, you have to apply for both the temporary and permanent visa at the same time.

Who Can Get the Partner Visa 309?

To receive the 309 Visa, you must have a partner living in Australia to sponsor you. You and your partner also have to meet the following requirements:

• You must both be over the age of 18.
• Your partner must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
• Your partner must not have applied for or received a Prospective Marriage Visa or Partner Visa in the last five years.
• Both you and your partner have to meet the character requirements. Neither of you must have any criminal charges related to children.
• You and your partner must be in a committed, monogamous relationship.
• You and your partner must either be married or in a de facto relationship (living together for at least 12 months).
• You and your partner must be able to provide evidence about the genuineness of your relationship. For example, prove that you have met each other’s family members, that you have lived together, and you know about each other’s backgrounds, etc.

Partner Visa Subclass 309 Documents Checklist

When you apply for the 309 Visa, you must attach scanned copies of the following documents to your application:

• Your passport’s personal information page, including your picture and expiry date.
• Your national ID card.
• Your birth certificate, showing the names of both your parents. If you cannot provide the birth certificate, a family book or government-issued document verifying your identity will suffice.
• If you are married: Marriage certificate.
• If you are in a defacto relationship: Proof that you are in a genuine, exclusive relationship and that you live together.
• A letter detailing the history of your relationship. Include the following information:
  • When and how you met.
  • How the relationship developed.
  • How you decided to move in together or get engaged/married.
  • Time you spent together and apart.
  • Your plans for the future.
  • Any important events/milestones in your relationship.
• Documents proving you and your partner share finances. Joint bank statements or loans, mortgage, etc.
• Documents proving you and your partner share domestic work. Include a letter describing how you share the housework, along with utility bills in your names, mail addressed to both of you, proof you have joint custody of your children, etc.
• Documents proving you and your partner are committed to each other. Phone records or texts proving you stay in touch even when you are apart, your will terms, etc. You may also have to enter an interview to show you know each other’s background, families, and other personal matters.
• Any evidence that the people in your lives know of your relationship. This could include proof you have gone out with other people, proof you have travelled together, proof you have friends in common, etc.
• Police certificates from any country you have lived in for longer than 12 months since you turned 16, including Australia.
• Additional documents for your dependent children:
  • Identification documents.
  • Birth or adoption certificates.
  • Proof you have legal custody of your child.
  • Proof they are enrolled in school or university, as applicable.
  • If the child is over 18, also include proof of why they are dependent on you.

The documents you submit for an Australian visa have to be translated into English (if they are not already). Since this is an online application, you have to scan them (in color) and attach them as electronic copies.

Make sure each document is a single file, even if there is more than one page per document.

How to Apply for a Partner Visa 309?

You have to be outside Australia when you apply for the 309 Visa and when you receive a decision. You will be applying for both the temporary and permanent visa at the same time. Here’s a step by step breakdown of the application process:

1. Create an ImmiAccount. If you already have one, log in.
2. Check whether you need a health examination. If you do, you must organize one – there will be a link you must follow.
3. Gather the required documents for the visa application.
4. Start a new application on the ImmiAccount. You must start the new application for Partner Visa (Subclass 309/100).
5. Complete the online application form. You have to answer all the questions.
6. Pay the visa application fee. You must pay the fee via a credit or debit card online.
7. Check your answers and submit the application.
8. Write down the transaction reference number (TRN) and send it to your partner. They need this number when they apply for 309 Visa Sponsorship.
9. Attach the required documents. You must make scanned copies of your documents and attach them to the ImmiAccount.
10. Your partner logs in to their ImmiAccount and applies for Sponsorship. They will need your visa transaction reference number (TRN), identification documents, and police certificates.
11. Wait for the visa outcome. You must be outside Australia during this time.

If you want to apply for a visa and wait on the decision in Australia, you can look into the Onshore Partner Visa (Subclass 820).

Partner Visa 309 Processing Time

The majority of 309 Visa applications are processed within 16 months. Some can take up to 22 months. It can take even longer if you do not provide the correct documents or if the Department of Home Affairs is taking a long time to verify your information.

Once your visa has been processed, and you receive a decision, you can travel to Australia.

How Much Does the 309 Partner Visa Cost?

The cost of the 309 Partner Visa starts at AUD 7,850 for the main applicant. If you have dependents applying with you, you also have to pay:

• AUD 3,930 for each dependent over the age of 18.
• AUD 1,965 for each dependent under the age of 18.

When you pay the fee, you are also paying for your Permanent Partner Visa (Subclass 100).

If your child does not apply for a 309 Visa with you but gets a Dependent Child Visa 445 later, you do not need to pay a visa fee.

Benefits of the 309 Visa

Once you get a 309 Visa, you are one step closer to becoming a permanent Australian resident. But in the meantime, you can still enjoy the following benefits:

• You can live with your partner in Australia.
• You can work in Australia.
• You can enroll in an Australian educational institution.
• You can attend English language classes (if you need to). You will be able to register for up to 510 hours of free classes provided by the Adult Migrant English Program.
• You can register for Australian public healthcare.
• You can travel to and from Australia as many times as you need.

How Long Until I Can Apply for Permanent Residency?

Two years after you get the 309 Visa, you have to submit additional documents to the DHA so you can get the Permanent Partner Visa (Subclass 100). You will have to prove that during this time, you and your partner continued to in a committed, exclusive relationship and have lived together.

Can My Children Apply With Me?

Yes, you can add your children as your dependents for the 309 Visa; you will receive the visas and travel to Australia together. You may also add a dependent after you submit the visa application, but before you receive the decision. To do so, you will need to complete Form 1436 “Adding an additional applicant after lodgement” and attach it to the ImmiAccount.

Can I Add My Children After I Have the Visa?

After you receive the 309 Visa, you can no longer add a dependent to that visa. Instead, your child will have to apply for a Dependent Child Visa (Subclass 445) so they can come to Australia and live with you.

What If My Relationship Has Ended?

If you and your partner break up after you receive your 309 Visa, then you may still be able to get Australian permanent residency if your situation matches one of the following scenarios:

• You have been the victim of domestic violence.
• You have a child with your partner and you both have custody of the child.

If you are in one of these situations, you have to complete Form 1022 “Notification of changes in circumstances” and submit it to the Department of Home Affairs as soon as possible.

If you do not meet these requirements, you will either have to apply for a different Australian visa or leave the country.

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Australian Partner Visas are divided into Onshore and Offshore visas, which differ based on where you are when you lodge the application – in Australia or outside. They are further divided into temporary and permanent visas, based on their duration.

Another type of Partner Visa, which does not fall into either category is the Prospective Marriage Visa, which many also refer to as a fiance visa.

Australia Partner Visa Types

Here are the types of Australian visas for partners and spouses:

• Prospective marriage visa. You can get a Prospective Marriage Visa if you are engaged to an Australian citizen or resident, and you wish to marry them in Australia. This type of visa allows you to live there for 9 to 15 months, during which time you have to marry your fiance.
• Onshore Partner Visas. The Onshore Partner Visas allow you to submit your visa application from within Australia and wait for it to be processed there. There is a joint application process, so you have to apply for both of them at the same time. However, you will receive the 820 first and wait two years until you become eligible for permanent residency. There are two visas:
  • Onshore Temporary Partner Visa (Subclass 820), which is valid for about two years.
  • Onshore Permanent Partner Visa (Subclass 801), which is permanent. After two years with a subclass 820 visa, you have to submit a few other documents and then you will receive the 801 Visa as well.
• Offshore Partner Visas. The Offshore Partner Visas allow you to submit your application from outside Australia. Once you receive your visa, you can join your partner and wait to become eligible for permanent residency. You have to apply for both the Subclass 309 and Subclass 100 Visa at the same time, but you will only receive the permanent visa once two years have passed since you got the temporary visa. You have to be outside Australia when you apply and when you receive the 309 Visa, but you can be in or outside Australia when you receive the permanent visa.There are two Offshore Partner Visas:
  • Provisional Offshore Partner Visa (Subclass 309). This is a temporary two-year visa.
  • Offshore Migrant Partner Visa (Subclass 100). This is the permanent visa you will receive after the temporary one expires.

Difference Between the Temporary and Permanent Visas

Even though you apply for the Temporary (Subclass 820/309) and Permanent (Subclass 801/100) Partner visas at the same time, you do not receive them simultaneously. You have to wait for two years to pass since the grant of a temporary visa to receive the permanent one. During this time, you will be living in Australia with your partner.

Two years after you receive the Temporary Visa, the Department of Home Affairs will notify you that they have started to process your permanent residency application and you will be required to submit a few other documents.

You will pay the visa application fee at the very start when you submit the joint application, so for a Permanent Visa, you do not need to pay anything.

The reason you do not receive the permanent visa immediately is because the Australian Immigration Authorities want to make sure that you really have ties to Australia before settling there permanently.

Note: If you and your partner have been married or in a de facto relationship for longer than three years, you do not need to wait another two years to get permanent residency. You will receive it immediately.

General Conditions for an Australian Partner Visa

To be eligible for an Australian Partner Visa, you and your partner must meet these conditions:

• Your partner has to be an Australian citizen, a permanent resident, or an eligible New Zealand citizen.
• You must be adults (over 18 years old).
• You must either be married or in a de facto relationship (i.e. you live together, share finances and domestic lives, etc.)
• You must have been in a relationship for at least twelve months at the time of application.
• You must be in a genuine, exclusive relationship.
• You must be able to prove the authenticity of your relationship.

Sponsorship Conditions

There are also certain conditions that your partner in Australia must meet to be eligible to sponsor you:

• Your partner cannot sponsor more than two partners in their lifetime. So if they have already sponsored two other people previously, they cannot sponsor you.
• Your partner cannot sponsor you if they have already sponsored another partner within the last five years.
• If your partner was sponsored and received their own Permanent Partner Visa within the last five years, they cannot sponsor you. They must wait until five years have passed since they received the visa.

How to Prove a Relationship is Genuine?

To prove your relationship is genuine, the Australian visa authorities will ask you to provide several documents. This can be utility bills addressed to both of you to prove you share domestic matters, a joint bank account to prove you share finances, phone records to prove you keep in touch when you are apart, pictures of the two of you together and with other people to prove you have spent time together and that other people know of your relationship, etc.

Before you receive the permanent visa, two people that know both you and your partner know will have to complete a form, which is intended to serve as a guarantee by that person that you and your partner are indeed a couple.

The documents you are required to provide for an Australian visa will be listed on the ImmiAccount when you submit the application. They may differ on a case-by-case basis.

Can You Become an Australian Citizen By Marriage?

Yes, it will take a few years, but marrying an Australian citizen or resident can lead to Australian citizenship for you as well. Once you receive the Permanent Partner Visa, you can submit your application for citizenship after four years, if you meet all other requirements, such as:

• Not having been outside Australia for longer than 12 months in the four years prior to the application.
• Not having been outside Australia for longer than 90 days in the 12 months prior to the application.
• Having some basic knowledge of the English language as well as the Australian culture, society, and way of life.

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If you are sponsoring a relative to get the orphan relative visa, your relative has to submit evidence that they genuinely need you to care for them when they apply for the visa.

Eligibility Criteria for an Orphan Relative Visa

To qualify for this visa, the child must:

• Be a minor under 18 years of age.
• Be single with no partner or in a relationship.
• Have a sponsor in Australia who is an Australian citizen, permanent resident, or an eligible New Zealand citizen.
• Have permission to move to Australia.

Sponsor Eligibility for an Orphan Relative Visa

You can sponsor your relative to come to Australia with an orphan visa if you are an Australian citizen, permanent resident, or New Zealand eligible citizen and:

• You are their sibling or step-sibling.
• You are their grandparent or step-grandparent.
• You are their aunt or uncle, or step-equivalent.

The sponsorship must be approved by the Immigration office, if there is a history of crimes involving children, related to or your partner, the sponsorship won’t be accepted.

Parental Consent

For your relative to get this visa, they must have explicit permission to travel to Australia. This includes having written consent from everyone who has a legal right to decide where the child lives or the child’s country laws allow them to move from their home country.

Parental consent is also valid if there is a court order allowing the child to move; the court order must be admissible in Australia. Please keep in mind that this visa won’t be issued if the parents can care for the child, but do not want to.

Documents Required for an Orphan Visa

When applying for an orphan relative visa, your relative must provide the following:

• The applicant must submit a copy of their passport or a copy of a valid travel document.
• Identity documents. Other identification documents may be required, such as a copy of their national identity card, or certificates showing their name change (if applicable).
• Orphan visa application form. Your relative must fill in the visa application form so they can add it with the rest of their application.
• Sponsorship documents. As a sponsor, you must provide the applicant with a filled-in form 40HC, so they can attach it to their application.
• Four visa photographs. There should be four visa photographs with high quality and full-face view. The pictures have to be taken in the last six months.
• Proof that the child needs you to take care of them. The applicant needs to submit proof that they have no parents to take care of them. They can include death certificates or other certificates that show why the parents are unable to care for the child, or documents showing that the parents are missing.
• Evidence of your familial relationship with your relative. The applicant must submit proof that you are related to the applicant, this can include a birth certificate, marriage certificate, adoption papers or a family book.
• Proof of good character. Applicants over 16 must provide form 80 along with other documents showing proof that they are not under investigation.
• Dependents under 18 documents. If any dependents under 18 are applying with the applicant, they should provide their identification documents, proof of relationship with the child and any other required documents.

Orphan Relative Application Process

This visa is a paper-based application, this means that your relative must send the application by post or courier. They cannot apply online or go in person to apply – the visa office addresses are found in the application form.

Before your relative sends the visa application, they have to pay the visa fee first and attach the receipt with their application. The visa fee has to be paid online, through ImmiPayments in the ImmiAccount.

How Long Does It Take to Get an Orphan Relative Visa?

Most orphan relative visas are processed within 54 months, but some applications can be finalized in 45 months. The processing time changes on a case-by-case basis, it all depends on how complete the visa request was at the time of application.

Orphan Relative Visa Fees

An orphan relative visa costs AUD Moldova

Applying on Behalf of Your Relative

Your relative can get help with their visa application. For example, they could appoint you as a correspondent for every type of information related to the visa process, or they could get in touch with a migration agent to help them with an orphan visa application.

To do either of these, your relative should fill in and include either form 956a, or form 956 with their visa application, to show that someone is helping them with the application.

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To qualify for a visa 461, your family member in Australia must also meet many requirements. Read on to find out more about what requirements must be met, and how to apply for a visa 461.

Eligibility Criteria for a 461 Visa

To get this visa, you meet the following criteria:

• You are not a New Zealand citizen.
• Your New Zealand family member is in Australia under a special category visa 444.
• Your family member is not an eligible New Zealand citizen (see below).
• You are a close family member of a New Zealand citizen:
  • You are their partner, or
  • You are their or their partner’s child or step-child.
• You are their close relative who:
  • Is widowed, divorced, separated or single and have never been married or in a relationship.
  • Is a resident in your family member’s household.
  • Is dependent on your family member.

Eligible New Zealand Citizen

Your family member is considered an eligible New Zealand citizen if they are a protected special category visa holder and they:

• Arrived in Australia on February 26, 2001, or
• Arrived in Australia for 12 months two years before this date, or
• They are a protected individual under the Social Security Act 1991.

Remember, for you to get a visa 461 your family member cannot be an eligible New Zealand citizen.

Requirements for a Visa Subclass 461

Provide these documents for a visa 461:

• You need to have a valid passport at the time of your application for visa 461. Make sure you submit copies of your passport pages with all of your information and copies of your ID card and name change documents (if applicable).
• 461 Visa application form. You have to fill in this form with accurate information and submit it with the visa application.
• Two recent visa photos. You and any other person who is included in your application must provide two recent passport photographs. The photos must be clear, with a plain background, and with the individual’s name in the back of the picture.
• Application fee receipt. You must provide proof that you have paid the application fee.
• Proof of relationship. You must provide evidence that you are a close family member of a New Zealand citizen or their partner. You can include birth certificates, marriage certificates, death certificates, adoption papers, an official family book or a family tree. You must also provide evidence that your family member holds a visa 444.
• Evidence of good character. You must submit form 80, and form 1229 along with police certificates showing that you are not convicted, or under investigation for a crime.
• Assistance documents. If you want a family member or a migration agent to help you, then fill in and submit either form 956 or form 956a.
• Documents for dependents under 18. In case you are applying with children under 18, you have to provide their identification documents, proof of relationship with them, character documents (if applicable), a parental consent form 1229, and form 1257 if the child won’t be staying with family members.
• Documents for dependents over 18. For family members over 18, submit copies of their identity documents, photos, and character documents.
• Dependency documents. When you apply with children over 18, you must provide evidence that they are dependent on you either financially or socially. Provide form 47a and other documents proving your relationship and their dependency.
• Documents for your partner. You must provide evidence of your relationship with your partner, such as a marriage certificate, official documents showing you were in a relationship for at least 12 months before applying, or any other documents that support your relationship.

Application Process for a 461 Visa

You have to apply for a 461 visa by following these instructions:

1. Pay the application fee. The first thing you must do is pay the application fee for visa 461. You must pay online via ImmiAccount, so if you don’t have an active account, open one and just submit your payment for the selected visa.
2. Assemble your documents. Once you pay for the visa, attach the fee receipt to the rest of the documents and prepare your documents. Any civil status documents such as birth certificates or marriage certificates must be certified. Don’t send original documents unless specifically asked for, and you should keep a copy of your application documents.
3. Submit your application. After you assemble your documents, you can submit your visa application via post or courier at the specified address in the visa form. You cannot apply for this visa in person or online, you must send the application to the visa office. In case you are applying from outside the country, send the application to the nearest official visa office of the Australian government.

How Much Does a Visa 461 Cost?

You have to pay AUD 370 for a 461 visa application. This is only the base application fee, you have to pay additional fees for every family member who applies with you.

You may also be required to pay extra charges for police certificates, for biometrics or for visa pictures.

461 Visa Processing Time

It takes between 37 up to 32 months to process a 461 visa application. The processing times may be delayed depending on whether you filled in the visa form correctly, whether you provided all the required documents, or if it takes time to verify the information you provided.

Who Can I Bring With Me on a 461 Visa?

You can bring your family members who belong to your close family unit. Usually, close family members for visa purposes include your partner, children, or stepchildren. However, for a visa 461, you should contact the Department of Home Affairs, before you apply, to verify whether you can bring your family members to Australia.

How Long Does a 461 Visa Last?

Visa 461 is temporary and only valid for 5 years from the date it’s issued.

461 Visa Renewal

Visa 461 can be renewed after five years are over. You can even renew visa 461 if you are no longer in relationship with your family member when you initially applied for the visa-provided that you are not in a new relationship or a part of a new family unit.

Eligible Cases for Renewal

There are a few specific cases that are considered for renewal of visa 461:

• You are still a family member of the New Zealand citizen you named as your sponsor in Australia in your initial application and:
  • Your family member still holds a special category visa 444
  • Your family member is out of the country, but will travel to Australia with you and will be the recipient of a visa 444.
• You are in Australia and:
  • You possess a visa 461 or it was the last Australian visa you held.
• You are outside of Australia and:
  • You have been living in Australia for at least two years in the past 5 years under a 461 visa.
  • You have important ties with Australia (business, cultural, employment or personal) and you haven’t been away for more than 5 years- unless you have a compelling reason.
  • You had a visa 461 when you left Australia.

461 Visa to Permanent Residency

There is no direct connection between permanent residency and visa 461. If you want to stay in Australia permanently, you may want to explore skilled visa options or employer sponsored visas.

New Zealand Family Relationship Visa Office

Depending on how you send your application there are two main offices available for visa 461 applications:

• For postal applications: New Zealand Family Relationship visa office, GPO Box 9984, SYDNEY NSW 2001.
• For applications by courier: New Zealand Family Relationship visa office, 26 Lee St, SYDNEY NSW 2000.

Please keep in mind that, for offshore applications, you have to find the closest Australian representative office in your country (or region) for visa applications.

New Zealand Family Relationship Benefits

With a New Zealand family visa, you can stay in Australia for 5 years, work, study, and travel without limitation. Unfortunately, you don’t have access to Medicare with a 461 visa, and because of this, you are required to have valid health insurance during your stay in Australia.

Some countries have a reciprocal healthcare agreement with Australia, check here to see if your country belongs to the agreements.

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