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Partner Visa Australia is one of the most famous streamlined paths for couples who desire to settle and build their future in Australia. This visa is specifically designed for spouses and de facto partners to work, stay and also to settle in Australia. Their partner or spouse should be an Australian citizen, permanent resident, or an eligible New Zealand citizen. There are many regulations and eligibility requirements; among these criteria is the Australia Partner Visa 5-year rule, which is a provision to facilitate the applicant's quick transition to permanent residency.

In this blog, you will get the complete knowledge about the 5-year rule, the types of available partner visas, the eligibility criteria and processing time and many more. Navigate alone with the blog, if you are on a tourist visa to the Partner Visa Australia pathway or planning a direct application. This is ignite you and be the game changer in your immigration transition journey.  

Understanding the Partner Visa Australia

Australian Immigration have designed the Partner Visa Australia in different subclasses,  considering these questions:

• From where is the applicant applying?
• When did the applicant plan to apply?
• What is the relationship with the partner?

The subclasses designed by the Australian Immigration for spouses and partners are:

• Subclass 309 (Provisional) & Subclass 100 (Permanent)? - This visa is provided by the Australian Immigration to offshore applicants.
• Subclass 820 (Temporary) & Subclass 801 (Permanent) - This visa is provided by the Australian Immigration to the onshore applicants.

Through these visas, partners establishing their genuine relationship are allowed to stay and work in Australia, with the processing of their Permanent resident visa on the other hand.

The Immigration of Australia have also designed the Partner Visa Australia 491 visa, which is a provisional regional visa and also a partner visa. This visa is given by the Australian Immigration to the partners or spouse who desire to settle in a particular regional area. 

The Partner Visa have process in two stages:

• Temporary Visa (309/820) - Acquiring this visa will enable you to live in Australia.
• Permanent Visa (100/801) - This visa is granted after about 2 years from your stay, provided the holder continues with the relationship.

What is the Australia Partner Visa 5-Year Rule?

The Australia Partner Visa 5-year rule is a provision that allows partners or couples who have a long-standing relationship to directly apply for the permanent visa by skipping the 2-year temporary visa rules. 

Key Points:

• If the partners or the couples are in a genuine relationship committed for at least 5 years, they are capable of directly applying for the permanent Partner Visa (100 or 801).
• If the couples have children together, their relationship period of 2 years is long enough to be capable for this visa.

The above-mentioned rules are applicable for both offshore (309/100) and onshore (820/801) visa pathways. Through this visa, the processing time is also reduced significantly, which will ultimately lead to acquiring the PR Australian visa faster. 

Australian Partner Visa Eligibility

If you wish to qualify for the Partner Visa Australia, you must meet the following criteria:

• You have to be in a committed, genuine and continuing relationship. Your partner or spouse in Australia awaiting for you must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
• You have to live with your partner. You should not leave or be apart from your partner, having in mind a permanent basis.
• You should meet the health and character requirements.
• You should provide the supporting documentation, like a Marriage or relationship registration certificate, Joint financial documents like bank accounts, loans, leases, Photos with your partner, communication logs in standard social media platforms, and travel records of both of you travelling together.

If the applicant desires to apply under the 5-year rule, you must also demonstrate:

• Continuous relationship documentation as evidence for at least 5 years with your partner.
• If you are a couple having children, then you must furnish a minimum of 2 years of relationship duration.

If the applicant has entered Australia on a tourist visa and is willing to switch to a partner visa, they must have a special consideration. This partner visa should be applied for before the expiry date of the tourist visa, and the applicant must demonstrate their onshore eligibility with all the requirements. 

Partner Visa 309 Checklist

If you are an applicant willing to apply for Partner Visa 309 offshore, listed below are the required documents:

Required Documents:

• Applicant’s Valid passport and ID.

• Applicant must furnish their relationship proof, which can be of marriage certificate, joint bills, or communication records.

• Applicant must provide evidence of finance or assets that have been held together with their spouse or partner.

• Applicant must provide the documents for the Joint tenancy or lease agreements.

• Applicant must provide the papers of Health and character documents with police checks, medical exams.

• The applicant must furnish the documents of the Sponsor’s proof of Australian citizenship or permanent residency.

Additional for 5-Year Rule:

• The applicant must provide the photos taken over the years of their relationship with dates
• The applicant must provide the Joint bank account with the partner or spouse from over 5 years ago.
• The applicant must provide the shared utility bills, travel records, and correspondence.

Applicant’s application and the well-organised documentation ticking all the checkboxes of requirements for the Partner Visa 309 can reduce processing delays and increase the visa approval.

Partner Visa Australia Processing Time

Speaking about the processing time for the Partner Visa, it may be subject to variation: 

• Partner Visa 309 (Temporary): This application takes 15 to 36 months, with the processing time
• Partner Visa 100 (Permanent): For this, the processing time takes an additional 16 to 32 months

Faster with the 5-Year Rule:

If the holder gets to qualify under the 5-year rule, they can directly apply for permanent residency without meeting the temporary stage. Through this, the visa application of the holder takes less processing time. Listed below are the influencing factors of the visa application.

Influencing Factors:

• Completeness of application
• Genuinty of supporting documents
• Health and background documents 
• Case complexity

Benefits of the Australia Partner Visa 5-Year Rule

Listed are the various benefits of qualifying under the 5-year rule:

• Direct Pathway to Permanent Residency (PR Australian visa): The holder does not need to wait for 2 years and pave the way to enable long-term stability and planning.
• Immediate Access to Benefits: The holder gets immediate rights to work and study. It does not stop only with that, they can also enjoy Medicare and other social benefits.
• Streamlined Process: This visa needs fewer stages and requires less documentation for the second stage

This visa is specifically designed for the holders of the Australia spouse visa, providing a less stressful journey with Australia settlement. 

Common Challenges and Tips

Challenges: 

• The applicant may face difficulty in proving a 5-year relationship due to the time and the proper documentation.
• The visa application may be delayed due to Incomplete forms, Incorrect information of the applicant, and finally, not providing the police or health checks documents.

Tips for Success:

• The applicant should start gathering and organising the documents in the earlier period itself, to avoid last-minute tension.
• Also, the applicant must organise the evidence chronologically.
• The applicant must maintain consistent records for proof of funds, like bills, messages, and photos.
• Come and consult our expert team of  Croyez Immigration for personalised guidance.

Why Choose Croyez Immigration for Your Partner Visa Australia?

At Croyez Immigration, we have a dedicated team to process the Partner Visa Australia with a personalised strategy and guidance. Our services include:
We will get a full assessment of your Australian Partner Visa eligibility by assessing your profile and drafting a strategy accordingly.

• We provide our complete assistance with compiling the Partner Visa 309 checklist for your profile, with all the needed documents.
• The applicant gets to enjoy the Professional application submission.
• The applicant is provided with guidance for transitioning from a tourist visa to a Partner Visa Australia smoothly without any tension.
• In croyez, we do not stop with visa approval, we also provide the Post-approval support, including help with the PR Australian visa.

This blog helps you to understand the Australia Partner Visa 5-year rule, which can make a big difference in your visa application journey.
Call Croyez Immigration today to land your application in safer and professional hands!
All the best!