Partner visa in Australia
The Partner visa is a type of visa that allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to enter and stay in Australia. It is intended for those who have an ongoing and genuine relationship with their partner who is an Australian citizen, permanent resident or eligible New Zealand citizen.
The Partner visa consists of two stages. The first stage is a temporary visa, which allows the applicant to stay in Australia for up to two years. The second stage is a permanent visa, which allows the applicant to remain in Australia indefinitely.
The Partner visa application process can be complex and time-consuming. It is recommended that applicants seek the assistance of a registered migration agent or immigration lawyer to ensure that they meet all the requirements and submit a complete and accurate application.
There are different types of Partner visas available in Australia. These include:
- Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100): This is a two-stage visa for partners who are outside Australia (subclass 309) and for those who are inside Australia (subclass 820). The first stage is a temporary visa, which allows the applicant to live and work in Australia for up to two years. The second stage is a permanent visa, which allows the applicant to remain in Australia indefinitely.
- Prospective Marriage visa (subclass 300): This visa is for partners who are engaged and intend to marry their Australian citizen, permanent resident or eligible New Zealand citizen partner within nine months of their arrival in Australia. Once the applicant marries their partner, they can apply for a Partner visa (subclass 820/801 or subclass 309/100) to remain in Australia.
- Partner (Temporary) visa (subclass 820) and Partner (Permanent) visa (subclass 801): This is a two-stage visa for partners who are inside Australia. The first stage is a temporary visa, which allows the applicant to live and work in Australia for up to two years. The second stage is a permanent visa, which allows the applicant to remain in Australia indefinitely.
- Partner (Residence) visa (subclass 801): This visa is for partners who have already been granted a temporary Partner visa (subclass 820) and have been in a committed relationship with their partner for at least two years.
- Partner (Residence) visa (subclass 100): This visa is for partners who have already been granted a temporary Partner visa (subclass 309) and have been in a committed relationship with their partner for at least two years.
WHAT ARE THE CRITERIA FOR A PROVISIONAL PARTNER VISA?
Applicant’s are required to satisfy different criteria to qualify for a provisional partner visa depending on whether they are married to their partner or are living in a de facto relationship with their partner.
Married applicants
- Your marriage must be valid and legal under Australian law. Underage, polygamous and same-sex marriages are not legal in Australia.
- The marriage must be genuine and ongoing.
- You must also be older than 18 years of age and not be closely related to your partner.
- While same-sex marriages are not recognised in Australia, same-sex couples can apply for this visa based on their de facto relationship.
De facto applicants
- Usually de facto relationships must have existed for at least 12 months immediately before an applicant applies for a provisional partner visa (subclass 820 onshore or subclass 309 offshore).
- Time spent dating does not count towards a de facto relationship.
- You can be granted a visa without having been in a de facto relationship for 12 months if:-
- You can demonstrate compelling and compassionate circumstances, such as having dependent children
- your de facto relationship has been registered in Australia (this is not available in all states and territories and the requirements vary from state to state)
- You must be older than 18 years of age and not be closely related to your partner.
How long will a subclass 820 onshore provisional partner visa or a subclass 309 offshore provisional partner visa last?
Your provisional partner visa is valid until:
- A decision is made on your permanent partner visa application
- You are granted another type of visa
- Your provisional partner visa is cancelled
- You withdraw your application for a permanent partner visa
Need help with a Partner Visa? Contact us!
WHEN WILL I BE ELIGIBLE FOR A PERMANENT PARTNER VISA?
Approximately 24 months after you lodge your combined provisional and permanent partner visa application you will be contacted by the DIBP to assess your eligibility for the permanent partner visa.
When you are contacted by the DIBP:
You must demonstrate that you are still living with your partner in a genuine and continuing relationship.
If the relationship has broken down before the permanent visa is granted you are obliged to notify the DIBP of the breakdown and the DIBP will provide you with the opportunity to make alternative visa arrangements.
In certain circumstances you may still be granted a permanent partner visa:-
- If there are Australian citizen children from the relationship or
- There is clear evidence of domestic violence towards you by your partner.
What conditions are attached to a subclass 801 or a subclass 100 permanent partner visa?
There are no conditions attached to either of the subclass 801 or the subclass 100 permanent partner visas.
Even if the relationship breaks down at a later date the visa cannot be cancelled. The visa holder can apply for Australian citizenship when they meet the citizenship criteria.
Need us to handle your partner visa application? Contact us!
WHAT ARE THE BENEFITS OF A PARTNER VISA (SUBCLASSES 820 AND 801)?
The Temporary Partner visa allows you limited benefits, including:
- Live and work in Australia until a decision is made about your permanent Partner Visa (Subclass 801)
- Study in Australia (without access to government funding)
- Enrol in Medicare, Australia’s scheme for health-related care and expenses
- Include dependent children on your application (dependent applicants must be in Australia when they apply)
The Permanent Partner Visa (Subclass 801) includes all the benefits of Australian permanent residency:
- Work and live in Australia indefinitely
- Opportunity to study in Australia
- Enrol in Medicare, Australia’s state-run healthcare program
- Opportunity to apply for Australian citizenship
- Sponsor relatives for permanent residence
- Travel in and out of Australia as you please
PARTNER VISA APPLICATION CHARGE
Price updated on 3rd July 2022
| Partner visa: Offshore (subclass 309/100) Base Application Charge Additional Application Charge (18 and over) Additional Application Charge (under 18) | $8,085 $4,045 $2,025 |
| Partner visa: Onshore (subclass 820/801) Base Application Charge Additional Application Charge (18 and over) Additional Application Charge (under 18) | $8,085 $4,045 $2,025 |
| Partner visa: Onshore (subclass 820/801) from Prospective Marriage visa Base Application Charge Additional Application Charge (18 and over) Additional Application Charge (under 18) | $1,350 $ 675 $ 335 |
VISA PROCESSING TIME
Partner visa - Average Processing time (Updated on 02 June 2022)
| Stream | 75% Of Visas Processed | 90% Of Visas Processed |
| 820 - Partner (subclass 820) | 21 months | 33 months |
| 801 - Partner (subclass 801) | 12 months | 21 months |
| 309 - Partner (Provisional) (subclass 309) | 20 months | 32 months |
| 100 - Partner (Migrant) visa (subclass 100) | 18 months | 29 months |
| 300 - Prospective Marriage (subclass 300) | 23 months | 29 months |
First Migration helps you complete your visa application quickly and accurately, provides 24/7 email support, telephone support Monday-Friday: 9 a.m – 6 p.m. and prepared all the forms you need for your application.
If you would like to have your application managed by experts who can get you the best outcome, then contact us and talk with us about how we can help.
