Partner Visa Options
Partner Visa Onshore
Subclass 820 & 801
If you are in Australia and in a relationship with an Australian citizen, Australian permanent resident or Eligible New Zealand citizen, you may be eligible to apply for a subclass 820 Temporary Partner/801 Permanent Partner visa with their sponsorship.
As part of the application process, you must be able to provide evidence demonstrating that:
- You are married or in a de facto relationship (including a formally registered relationship)
- Your relationship is genuine and continuing
- Your relationship is mutually exclusive
- You live together, or you do not live apart on a permanent basis.
In addition:
- The applicant will be required to pass medicals
- Both the applicant and the sponsor will be required to provide police clearances.
In most cases, the temporary subclass 820 is granted initially with a waiting period before an application for the permanent subclass 801. However, if you are able to provide evidence that you have a ‘long-standing’ relationship, you may be able to request the direct grant of the permanent visa.
What happens after you lodge the visa?
- You will usually be granted a Bridging Visa A – if so you will have full work rights after your current visa expires
- You will be eligible for Medicare as soon as you lodge
- A separate Sponsorship form should be completed and lodged
- Processing will likely take some time
While the Department of Home Affairs can request extra documentation to support your claims, they do not have to, and can move to make a decision to refuse the visa. Therefore it is crucial to provide sufficient information to allow the decision maker to understand your relationship and to demonstrate that you meet all the requirements of the visa.
Having assisted with many successful Partner visa applications, our team can guide you through the process and advise on what you can do to ensure your visa application has the best possible outcome.
Partner Visa Offshore
Subclass 309 & 100
The Subclass 309/100 Partner visa is for applicants who are outside Australia and in a relationship with an Australian citizen, Australian permanent resident or Eligible New Zealand citizen.
The requirements and application process are the same as the onshore Partner visa, however, applicants are not automatically granted a Bridging Visa A upon lodgement. It may be possible to obtain a Bridging Visa in certain circumstances.
Again, in most cases the temporary subclass 309 is granted first with a period of time before appling for the permanent subclass 100. Applicants can be inside or outside Australia for processing and grant of the permanent visa.
Prospective Marriage Visa
Subclass 300
Commonly known as a Fiancé visa, the Subclass 300 Prospective Marriage Visa is an option for those to intend to marry an Australian citizen, Australian permanent resident, or Eligible New Zealand citizen in the near future.
Applicants must be outside Australia to apply for the Subclass 300 Prospective Marriage Visa, but can be inside or outside Australia when the visa is granted.
As part of the application process, the couple must also provide evidence in the application that:
- They have met each other in person since turning 18 years of age; and
- They are in a genuine, committed relationship with no impediment to marriage; and
- Arrangements have been made for the marriage by lodging a Notice Of Intention to Marry with a relevant authority.
In addition:
- The applicant will be required to pass medicals.
- Both the applicant and the sponsor will be required to provide police clearances.
- The marriage must take place during the Subclass 300 visa validity period.
Once the applicant and sponsor have been married, they can then apply for a Subclass 820/801 visa. This should also be lodged during the validity period of the Subclass 300 visa.
This visa cannot be renewed or extended. Visa holders who do not marry within the required timeframe would need to look at alternative options to remain in Australia.
What You Need To Know:
- The relationship must meet specific criteria, including financial, social, household, and future planning. Providing documentary evidence of a genuine and committed relationship is essential; a marriage or registration certificate on its own is not sufficient.
- Same-sex couples are eligible for all three Partner visa types
- Temporary Partner visa holders enjoy full work and study rights in Australia, with access to Medicare. The temporary visa will not cease until a decision is made on the permanent Partner visa.
- Upon grant of the Subclass 801 or 100 visa, the holder obtains permanent residency status, allowing them to reside in Australia indefinitely.
- Dependent children can be included in the application.
Partner visa applications can be intricate and require some time to process. Processing times vary based on factors like the visa type, application completeness, and demand levels. For an estimated timeframe, we recommend visiting the Department of Home Affairs website.
