Australia offers several partner visas for individuals who are married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. These visas provide a pathway to live in Australia permanently, starting with temporary residency and transitioning to permanent residency after a period of time.
Key Types of Partner Visas:
Subclass 820/801 - Onshore Partner Visa
Subclass 820: This is a temporary visa granted to applicants who are already in Australia. It allows them to live, work, and study in Australia while waiting for a permanent visa.
Subclass 801: This is the permanent visa. The applications for subclass 820 and 801 are made together in the beginning and applicants can seek to submit the request for grant of 801 after two years of application of 820, provided the relationship is ongoing.
Eligibility: You must be in a genuine and continuing relationship (married or de facto) with an Australian citizen, permanent resident, or eligible New Zealand citizen.
You can stay in Australia while your visa is being processed, often on a bridging visa.
Upon grant of this visa, the applicant can apply for access to Australia’s public health care scheme
Subclass 309/100 - Offshore Partner Visa
Subclass 309: This is a temporary visa for applicants outside Australia, allowing them to enter and live in Australia.
Subclass 100: This is the permanent visa. The applications for subclasses 309 and 100 are made together in the beginning and applicants can seek to submit the request for a grant of 100 after two years of application of 309, provided the relationship is ongoing
Eligibility: Like the Subclass 820/801, this visa requires a genuine and continuing relationship with an Australian partner.
The applicant applies for a subclass 309 visa while outside Australia which is a temporary visa and then applies for a subclass 100 permanent visa in Australia.
Upon grant of this visa, the applicant can apply for access to Australia’s public health care scheme
Prospective Marriage Visa (Subclass 300)
This is a temporary visa for individuals who have genuine intention to marry an Australian citizen, permanent resident, or eligible New Zealand citizen. This is also known as a fiancé visa. The applicant may or may not be engaged with the sponsor (who is an Australian citizen, permanent resident or eligible New Zealand citizen)
In addition to other eligibility criteria, one of the major eligibility criteria is that the applicant and sponsor should have met in person before applying for this visa.
The visa allows you to travel to Australia to get married within 9 months of this visa being granted.
After getting married, the visa holder can apply for a partner visa (Subclass 820/801) to stay permanently in Australia.
Eligibility Requirements for Partner Visas (excluding prospective marriage visa):
Relationship Proof: You must prove you are either married or in a de facto relationship (living together for at least 12 months unless exempted).
The relationship must be genuine and ongoing.
You must provide evidence like joint finances, shared household, and social acceptance of your relationship.
Sponsorship: Your partner must be an Australian citizen, permanent resident, or eligible New Zealand citizen and must sponsor you
Health and Character Requirements: Applicants must undergo medical checks and meet character requirements, including providing police certificates.
Age: Both the applicant and sponsor must generally be at least 18 years old.
Financial and Social Commitment: The relationship should show shared responsibilities and long-term commitment, including living arrangements and joint decision-making.
Application Process:
Temporary Visa (Subclass 820 or 309):
You first apply for the temporary visa, which allows you to stay in Australia (if onshore) or travel to Australia (if offshore) while awaiting the permanent visa.
Bridging Visa: Onshore applicants are often granted a bridging visa to stay in Australia while the visa is processed.
Permanent Visa (Subclass 801 or 100):
Two years after applying for the temporary visa, you can apply for the permanent partner visa (801 or 100), provided the relationship is still genuine and ongoing.
Visa Processing Time:
Temporary partner visas typically take 12-24 months to process. Please note the processing time keeps changing.
The permanent partner visa can be processed around two years after the initial temporary visa application. Please note the processing time keeps changing.
Benefits:
Work and Study: Temporary visa holders can live, work, and study in Australia while waiting for the permanent visa.
Permanent Residency: After two years, eligible applicants can obtain permanent residency through the permanent partner visa (801/100).
Family Inclusion: You can include eligible dependent children in your visa application.
Special Conditions:
Domestic Violence Provisions: If the relationship breaks down due to domestic violence, the visa applicant may still be eligible to apply for a permanent visa.
Death of a Partner: If the sponsoring partner dies during the visa processing period, the applicant may still be eligible for permanent residency, depending on the circumstances.
Partner Visa
Subclass 820/801 - Onshore Partner Visa
Subclass 309/100 - Offshore Partner Visa
Subclass 300 - Prospective Marriage Visa