Partner Visa

Navigating the journey of applying for a partner visa can be complex, but with the right guidance, you can make the process smoother and stress-free. Whether you’re planning to reunite with your spouse, fiancé(e), or de facto partner, understanding your visa options is crucial. This guide will help you explore the different types of partner visas available for Australia and the USA.

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What is a Partner Visa?

A partner visa allows individuals to join their loved ones in a foreign country, provided they meet specific eligibility requirements. These visas are typically designed for married couples, engaged partners, or couples in a committed relationship. They can lead to temporary or permanent residency depending on the visa type and conditions.

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Types of Partner Visas

1. Spousal Visa

A spousal visa is intended for legally married couples where one partner is a citizen or permanent resident of the destination country. This visa allows the applicant to live, work, and eventually apply for permanent residency.

• Australia: Subclass 820/801 (Onshore) and Subclass 309/100 (Offshore)

  • The temporary partner visa (Subclass 820/309) is the first stage, allowing applicants to live in Australia while their permanent partner visa (Subclass 801/100) is processed.

  • Eligibility includes proof of a genuine and ongoing marital relationship, sponsorship by an eligible Australian citizen or permanent resident, and meeting health and character requirements.

• USA: CR1/IR1 Spousal Visa

  • The CR1 (Conditional Resident Visa) is for couples married for less than two years, granting conditional permanent residency upon arrival.

  • The IR1 (Immediate Relative Visa) is for couples married for two or more years, providing immediate permanent residency.

  • Both visas require proof of a genuine marital relationship and an approved I-130 petition.

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2. Fiancé(e) Visa

A fiancé(e) visa allows individuals to enter a country to marry their sponsoring partner within a specific timeframe. After marriage, the applicant can apply for a spousal visa or adjust their status to permanent residency.

• Australia: Prospective Marriage Visa (Subclass 300)

  • This visa grants entry to Australia for up to 9 months to marry the sponsoring partner.

  • Applicants must be outside Australia when applying and when the visa is granted.

  • Requires proof of an exclusive and genuine relationship, intent to marry within the visa period, and sponsorship by an eligible Australian citizen or permanent resident.

• USA: K1 Visa

  • The K1 Visa allows a foreign fiancé(e) to enter the U.S. to marry their U.S. citizen sponsor within 90 days of arrival.

  • Requires an approved I-129F petition and proof of a bona fide relationship.

  • After marriage, the applicant must apply for an adjustment of status (Green Card) to remain in the U.S.

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3. De Facto Partner Visa

For couples who are in a committed, long-term relationship but are not legally married, a de facto visa allows them to live together in their partner’s country.

• Australia: Subclass 820/801 (Onshore) and Subclass 309/100 (Offshore)

  • Requires proof of living together for at least 12 months before application or registration of the relationship in certain Australian states.

  • The application process follows the same two-stage system as spousal visas (temporary first, then permanent).

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4. K3 Visa (USA)

The K3 visa is designed for spouses of U.S. citizens who are awaiting the approval of their immigrant visa petition. It allows the spouse to enter the U.S. and remain with their partner while their application is processed.

• Requires an approved I-130 petition before filing the K3 visa application.

• Allows work authorization upon arrival.

• Less commonly used now, as the CR1/IR1 visas often process faster.

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General Requirements for Partner Visas

While requirements vary by country, common criteria include:

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• Proof of genuine and ongoing relationship (e.g., shared finances, joint assets, communication records)

• Sponsorship by a citizen or permanent resident of the destination country

• Meeting health and character requirements (e.g., medical examinations, police clearances)

• Evidence of cohabitation (for de facto relationships)

• Legal capacity to marry (for fiancé(e) and spousal visas)

• Intention to live together permanently​

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How We Can Help

At Bigstart Travel and Visa Corp, we specialize in guiding couples through the partner visa application process. Our expert team ensures your documents are in order, your application meets the necessary criteria, and you have the best chance of success. We provide:

• Personalized consultation to determine the best visa option for you.

• Document preparation to ensure all necessary evidence is submitted.

• Step-by-step guidance through the application and interview process.

• Regular updates on policy changes and processing times.

Get in touch with us today to start your journey towards being with your loved one! Our experienced team is ready to assist you every step of the way.

 

Disclaimer: Visa policies and requirements may change. It is advisable to consult with our experts for the most up-to-date information.