Australia offers several pathways for individuals who wish to live with their partner in the country. Whether you are engaged, in a de facto relationship, or legally married, there are specific visa options designed to help couples stay together. This guide will walk you through the different types of partner visas, their eligibility requirements, application processes, and timelines, helping you determine which option is the best fit for your situation.
Prospective Marriage Visa (Subclass 300)
The Prospective Marriage Visa is designed for individuals who are engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen. This visa allows the holder to enter Australia, marry their partner within the visa’s validity period, and then apply for a Partner Visa.
Eligibility Requirements:
- The applicant must be engaged to their sponsor and intend to marry within 9 months of visa approval.
- Arrangements have been made for the marriage by lodging a Notice of Intention to Marry with a relevant authority.
- Both partners must be at least 18 years old.
- The relationship must be genuine and ongoing.
- The sponsor must meet character and financial requirements.
** Take our Partner Test to see if you are eligible.
Application Process & Timeline:
- Lodge an application online from outside Australia.
- Provide evidence of engagement, intent to marry, and a genuine relationship.
- Undergo health and character checks.
- Processing time can range from 12 to 24+ months.
Partner Visa (Subclass 820/801 & 309/100)
Partner Visas allow spouses and de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia. These visas are granted in two stages: a temporary visa followed by a permanent visa.
Onshore Partner Visa (Subclass 820/801)
This visa is for applicants who are already in Australia and wish to remain with their partner.
Offshore Partner Visa (Subclass 309/100)
This visa is for applicants applying from outside Australia.
Eligibility Requirements:
- Must be legally married or in a de facto relationship for at least 12 months (unless registered under a state or territory relationship register).
- Relationship must be genuine and ongoing.
- The sponsor must meet financial and character requirements.
- If married, the marriage must be legally recognized in Australia.
Application Process & Timeline:
Stage 1: Temporary Partner Visa (Subclass 820 or 309)
- Apply online with evidence of relationship (e.g., joint financial commitments, cohabitation proof, social recognition, etc.).
Stage 2: Permanent Partner Visa (Subclass 801 or 100)
- Eligible for permanent residency after 2 years if the relationship is still ongoing.
- Some applicants may qualify for an immediate permanent visa if they have been in a long-term relationship (3+ years or 2+ years with a child).
Choosing the Right Partner Visa for You
The right visa depends on your relationship status and circumstances:
- Engaged? Apply for a Prospective Marriage Visa (Subclass 300).
- Married or in a long-term de facto relationship? Apply for a Partner Visa (820/801 or 309/100).
- Living overseas and in a de facto relationship? Consider an Offshore Partner Visa (Subclass 309/100).
Navigating Australia’s partner visa options can be complex, and selecting the right visa requires careful planning.
Understanding eligibility criteria, application steps, and processing times is crucial to a smooth application process. If you are unsure about which visa best suits your situation, consulting with an immigration expert can help you determine the best pathway forward.
For expert advice and assistance with your partner visa application, book a consultation with one of our expert migration agents.