Partner Visa

As the name suggests, this is a visa for married partners (i.e. opposite-sex spouses) and de facto partners (including those in a same-sex relationship) of Australian citizens, Australian permanent residents and eligible New Zealand citizens to enter and remain permanently in Australia. We at Aussizz take care of procuring this visa for you through a thorough assessment, consultation and accurate visa application process. 

Although, there are three major subclasses for partner visa, this visa is broadly divided into two categories: Prospective Marriage visa and Partner visa. The type of visa for which you should apply depends on the type of relationship you are in.

Following are the types of relationship and the visas that correspond to them:

  • Intended marriage (fiance(e)): Prospective Marriage visa.
  • Married (de jure) relationship: Partner visa.
  • De facto partner relationship: (including a same-sex relationship): Partner visa.
Partner Visa

Subclass

Partner Visa

The subclasses are of two types: temporary and permanent. In the beginning, partners who meet the legal criteria for the grant of the visa are granted a temporary visa. Later, a permanent visa may be granted following an eligibility period or, if there is a long-standing relationship or children of the relationship, soon after grant of the temporary visa.

Partner category migration also allows for the temporary entry to Australia of fiance(e)s (intended spouses) of Australian citizens, permanent residents and eligible New Zealand citizens.

However, as the partner or fiance(e) of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you are not automatically eligible for permanent residence in Australia. If you wish to reside permanently in Australia you must first apply for a permanent visa and be assessed against the legal criteria for the grant of that visa.

Let us have a cursory look at the partner subclass visas based on your location at the time of application:

  • If you are in Australia, you are eligible to apply for Partner Temporary Visa (Subclass 820) and Permanent visa (subclass 801). You can apply for this visa to stay in Australia with your partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. If the relationship is genuine and still on even after the two years of the application of this visa, you can be granted a permanent visa.
  • If you are outside Australia: Partner Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100): You can apply for this visa to enter and stay in Australia with your partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. A continuous and genuine relationship for two years after the application of this visa, can grant you a permanent visa.

Subclass 300

Prospective Marriage Visa

This is for those who want to enter Australia before marriage. In order to apply for this visa, your fiance must be an Australian citizen,Australian permanent resident or eligible New Zealand citizen. Once married, holders of this visa can then apply for a Partner visa to remain permanently in Australia.

General Terms and Conditions

The following are some general requirements to be eligible for applying for this visa:

  • You must be sponsored by a person (being your fiancé (e), partner, or in some circumstances, a parent or guardian of your partner) who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen and who can satisfy the legal requirements for being a sponsor.
  • You must also meet health and character criteria
  • If you have dependent children or other dependent family members, they may make combined applications with your application, provided that they meet certain requirements.
Expansion of partner visa eligibility in Australia

Partner visa is also applicable to those whose visa has been refused or cancelled since their last visit to Australia. This refusal or cancellation falls under the section 48 of the Migration Act 1958 (Act). And hence, when you are in Australia, you cannot apply for any visa except for certain prescribed visa classes, such as a Protection visa or a Bridging visa.

However, from 14 September 2009 you may be eligible to apply for a Partner visa in Australia if you meet certain criteria. Those four requirements are:

  • You must not have had a partner visa refused since you last entered Australia.
  • You must not have had a visa refused or cancelled on character grounds under section 501 of the Act.
  • You must provide with your application a form 40SP Sponsorship for a partner to migrate to Australia completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who declares that they are your spouse or de facto partner.
  • You must provide with your application two statutory declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizens (other than your partner) supporting the existence of your relationship with your partner. These declarations must be made not more than six weeks before the day the Partner visa application was made.

These are some of the basic requirements to just lodge an application. Along with these, there are many others and your application under this provision will be assessed against the legislative requirements in the same way as all Partner visa applicants who apply in Australia.

Subclass

Visa

Prospective Marriage Visa (Subclass 300)

The prospective marriage 300 visa is granted to people who are engaged and want to get married to an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

The visa allows applicant to stay in Australia for 9 months and apply for the Partner (subclass 820 and 801) visa within that period.

Benefits Of Prospective Marriage Visas

Being a prospective marriage 300 visa holder, you can

  • Visit or stay in Australia till the time visa is valid
  • Study (at own expenses) and work in Australia
  • Travel outside Australia for infinite times

Note: New Zealand passport holders must inform immigration officer if they have a valid Prospective Marriage visa. Otherwise the officers may grant a subclass 444 visa, which affects the aspects of partner visa application in the long run.

Eligibility Criteria

For Visa Applicants

  • You must be 18 years old or more
  • You must be outside of Australia at the time of lodging an application and when the visa is granted
  • You must meet the relationship criteria
  • You must be sponsored by your fiance/fiancee
  • You must meet health and character requirements
  • You must repay or have arrangements to repay the outstanding debts to the Australian Government

For Sponsors

  • You must be the fiance of visa applicant
  • You must not hold or have held certain visas

As a sponsor, you must also take the responsibility for

  • The money that your fiance owes the Australian Government
  • Your fiance’s obligations to their employment in Australia
  • Your fiance’s compliance with the conditions of the visa

Family Members

You can include dependent children or stepchildren in your application. Your family members can have the same rights and visa conditions that are applicable to you once they are granted this visa.

FAQs Prospective Marriage Visa (Subclass 300)

The Prospective Marriage Visa (Subclass 300) is a temporary visa for individuals who intend to marry an Australian citizen, permanent resident, or eligible New Zealand citizen. It allows you to enter Australia, stay for up to nine months, and marry your partner.
 

You can apply for this visa if you are engaged to an eligible partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen, and you plan to marry within the visa’s validity period.
 

Yes, you can apply for the Prospective Marriage Visa (Subclass 300) even if your partner is already in Australia on a different visa.
 

The Prospective Marriage Visa (Subclass 300) is usually valid for up to nine months from the date of grant, during which you are expected to marry your partner.
 

Processing times can vary. It’s recommended to check the official Australian government website for the most current processing time estimates.
 

You and your partner need to show that you have enough financial resources to support yourselves during your stay in Australia without relying on public funds.
 

Yes, you need to be formally engaged to your partner before applying for the visa.

 

Yes, you can include dependent children in your application. They will be granted the same visa subclass as you.

 

Required documents typically include evidence of your relationship, identity documents, police clearance certificates, health assessments, and more. The specific documents can vary based on individual circumstances.

 

Health insurance is not a mandatory requirement for this visa, but it’s strongly recommended to have health insurance to cover any medical expenses during your stay in Australia.
 

Yes, you can work in Australia with a Prospective Marriage Visa (Subclass 300), but it’s important to note that this visa is primarily for the purpose of marriage and not for work.
 

Once you are married, you can apply for a different visa type that suits your situation, such as a Partner Visa, to remain in Australia.
 

The Prospective Marriage Visa (Subclass 300) is usually a single-entry visa, allowing you to enter Australia once.

If the engagement is called off or you do not marry your partner within the visa’s validity period, you would need to leave Australia before your visa expires.

 

There is no specific quota mentioned for this visa subclass. The number of visas granted can vary based on demand and other factors.

 

Extension of the Prospective Marriage Visa (Subclass 300) is generally not possible. If you need more time, it’s advised that you leave Australia and reapply if necessary.

 

 

There are no English language proficiency requirements for the Prospective Marriage Visa (Subclass 300).

 

 

No, the application fee is generally non-refundable, regardless of whether the visa is granted or not.

 

The Prospective Marriage Visa (Subclass 300) is specifically for those who intend to marry their partner. If your partner does not intend to marry, this visa might not be suitable.
 

Partner (Provisional and Migrant Visa) (Subclass 309/100)

The Partner (Provisional and Migrant visa) (subclass 309 and 100) allows those individuals to live in Australia who are a spouse or de facto partner of an either Australian citizen, permanent resident or eligible New Zealand citizen.

The provisional 309 visa is a temporary visa while the migrant 100 visa is a permanent. The temporary provisional 309 visa is granted first, which allows the applicant to stay in Australia for two years and apply for the migrant 100 visa within that duration.

 

Eligibility Criteria

For Partner (Provisional) (Subclass 309)

  • You must be outside of Australia when lodging an application and when the decision is made
  • You must be spouse or de facto partner of Australian citizen, permanent resident or eligible New Zealand citizen.
  • You must be at least 18 years of age or more when you apply for this visa (applied to both spouse and de facto partner)
  • You must have a sponsor if your partner is less than 18 years of age (your partner’s parent or guardian who are an Australian citizen, permanent resident or eligible New Zealand citizen.)
  • You must meet health and character requirements
  • You must have repaid all the debts to the Australian government (if any) before the visa is granted.

For Partner (Migrant) (Subclass 100)

  • You must hold a temporary partner visa (subclass 309)
  • You must be in the continued marriage or de facto relationship unless there are special circumstances
  • You must have abide by with all Australian laws and the conditions on temporary 309 visa

Health and Character Requirements

You and all the family members included in the visa application must have:

  • Health check-ups done within 12 months of applying for the visa
  • Police certificate from countries you have lived in for 12 months or more in the past ten years

Obligations for Sponsors

Sponsors must provide following things for two years after the applicant enters Australia on temporary migrant 309 visa

  • Accommodation
  • Financial support including English language courses if require
  • Other support like child care if require

Family Members in Visa Application

You can include children or step children in your application

FAQs Partner (Provisional and Migrant Visa) (Subclass 309/100)

The subclass 309/100 visa is designed for individuals who are in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. It allows the partner to enter and stay in Australia on a temporary basis (subclass 309) while their permanent partner visa (subclass 100) application is being processed.

 

The subclass 309 visa is a temporary visa that allows you to live, work, and study in Australia while your permanent partner visa (subclass 100) application is being assessed. Once you meet the eligibility requirements and your permanent partner visa is granted, you can remain in Australia permanently.
 

You need to submit one combined application for both the subclass 309 and subclass 100 visas. You can apply online through the Department of Home Affairs website or by using a paper application form.
 

The eligibility criteria generally include being in a genuine and ongoing relationship with an eligible partner, meeting health and character requirements, and meeting specific requirements based on your circumstances. The Australian partner (sponsor) also needs to provide sponsorship and meet certain requirements.
 

Yes, you can include dependent family members, such as children, in your application. They will need to meet certain criteria as well.
 

Processing times can vary, but it generally takes several months to a year or more for the subclass 309 visa to be processed. Once the subclass 309 visa is granted and the waiting period has passed, the subclass 100 permanent visa application will be assessed.

 

Yes, the subclass 309 visa allows you to work and study in Australia during its validity period.
 

If your relationship ends after the subclass 309 visa is granted but before the subclass 100 permanent visa is approved, you will need to notify the Department of Home Affairs. The department will assess your situation and provide guidance on the next steps.
 

No, the two-step process is designed to assess the genuineness and durability of the relationship over time. The subclass 309 visa serves as a temporary visa to ensure the relationship is still ongoing before granting permanent residency.
 

The cost of a partner visa (subclass 309/100) can vary and is subject to change. As of now, the cost is typically around AUD $7,715 for the combined application for both the temporary subclass 309 and the permanent subclass 100 visas. However, fees may change over time, and it’s recommended to check the official Australian Department of Home Affairs website for the most up-to-date information on visa fees.
 

Partner Visa (Subclass 820 and 801)

The Partner visas (subclass 820 and 801) allow the individuals to live in Australia who are spouse or a de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

The temporary partner 820 visa is granted first and allows the applicant to live in Australia for two years. During this period, the applicants can apply for the permanent 801 visa if they wish to live in Australia permanently.

Benefits Of A Partner Visa

The temporary Partner visa (Subclass 820) allows the applicants to

  • Live in Australia for two years
  • Study in Australia without any government funding
  • Get health coverage through Medicare (Australia’s scheme for health-related care and expenses)

The Permanent Partner Visa (Subclass 801) allows the applicants to

  • Stay, Work and live in Australia for indefinite period
  • Get health coverage through Medicare (Australia’s scheme for health-related care and expenses)
  • Apply for Australian citizenship after fulfilling the criteria
  • Sponsor eligible relatives for permanent residence
  • Leave and re-enter Australia for five years from the date visa is granted

Eligibility Criteria

For Subclass 820

  • You must be 18 years or more at the time of lodging a visa
  • You must be in Australia at the time of lodging a visa and when the visa is granted
  • You must have a sponsor (husband/wife/de facto partner)
  • You must meet health and character requirements
  • You must have no or arranged to repay any outstanding debts to the Australia government

Note: If the spouse or de facto partner is under 18, the applicants can be sponsored by the partner’s or de facto partner’s parent or guardian. However, they must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

For Subclass 801

  • You must hold a temporary partner visa (subclass 820)
  • You must be in the continuing relationship with your spouse or de facto partner unless the relationship has been ended under special circumstances
  • You must have abide by all the laws and conditions on 820 visa
  • You must not have a visa cancelled or refused while living in Australia on 820 visa

Sponsorship Limitations

Sponsorship application on partner visa would not be considered by the department of immigration if

  • The sponsor has been granted a partner visa or prospective marriage visa (subclass 300) in the last five years
  • The sponsor has already sponsored two persons on a partner visa or prospective marriage visa (subclass 300)
  • The sponsor has sponsored a person on partner visa or prospective marriage visa (subclass 300) in the last five years

However, following exceptions are applicable in the above mentioned cases

  • If the partner has died or abandoned the relationship and have young children
  • If the sponsor has been living with the current partner for more than two years
  • If the sponsor or sponsor’s partner have dependent children

Sponsorship Obligations

As a sponsor, you must provide your partner

  • Accommodation
  • Financial assistance for living and also English language courses if required
  • Other support like child care if required

Health and Character Requirements

You and all the dependent family members must have

  • Medical examination done within 12 months of lodging a visa.
  • Police certificates from each country you lived in for more than 12 months in the last ten years.

Family Members in Visa Application

You can include dependent children or step children in your visa application.

The dependent family members will be entitled to the same rights and visa conditions as you.

Health and Character Requirements

You and all the dependent family members must have

  • Health checkups done within 12 months of applying for the visa
  • Police certificates from each country you lived in for more than 12 months in the past ten years

If you are looking to reunite with your partner on this visa and want accurate assessment for your circumstances, drop a line to our immigration consultants to get the best solutions in no time!

FAQs Partner Visa (Subclass 820 and 801)

The Partner Visa (Subclass 820 and 801) is a visa pathway for individuals in genuine relationships with Australian citizens, permanent residents, or eligible New Zealand citizens. It includes the temporary Subclass 820 visa and the permanent Subclass 801 visa.
 

The Subclass 820 visa is a temporary visa allowing you to remain in Australia while awaiting the outcome of your application for the permanent Subclass 801 visa. The Subclass 801 visa grants permanent residency after holding the 820 visa for two years.
 

An eligible sponsor for a Partner Visa (Subclass 820 and 801) is an Australian citizen, permanent resident, or eligible New Zealand citizen who meets specific character and relationship requirements.
 

To qualify for the Partner Visa (Subclass 820 and 801), you need to demonstrate a genuine and continuing relationship with your partner. Meeting health, character, and other requirements set by the Department of Home Affairs is also necessary.
 

Evidence such as joint financial commitments, shared living arrangements, social connections, and supporting documents like photos, joint bank accounts, bills, and statutory declarations can establish the genuineness of your relationship.
 

Yes, you can include dependent children as secondary applicants in your Partner Visa (Subclass 820 and 801) application. They also need to meet health and character requirements.
 

Absolutely. You have work and study rights in Australia on both the temporary Subclass 820 visa and the permanent Subclass 801 visa.
 

Yes, you can travel outside Australia on the Partner Visa (Subclass 820 and 801). If you’re on the temporary Subclass 820 visa, you might need to obtain a Bridging Visa B to facilitate travel.
 

Processing times can vary based on factors like application completeness and volume. Refer to the Department of Home Affairs website for the latest processing time estimates for the Partner Visa (Subclass 820 and 801).
 

Yes, you can apply for the Partner Visa (Subclass 820 and 801) even if you’re in Australia on another visa type. Certain conditions and considerations apply. 

If your relationship ends after applying for the Subclass 820 visa but before being granted the Subclass 801 visa, inform the Department of Home Affairs. Depending on circumstances, your application might require further documentation to validate the relationship’s genuineness.
 

FAQs

Partner Visa

A partner visa in Australia allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live and work in Australia. It’s a pathway for couples to be together in Australia.
 

You may be eligible for a partner visa if you are married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. Both opposite-sex and same-sex couples are eligible.

A de facto relationship refers to a genuine and ongoing relationship between two people who are not married but are in a committed relationship, living together on a genuine domestic basis.

The main types of partner visas are:
  • Subclass 820/801 (Onshore): Temporary and Permanent Partner Visas for those already in Australia.
  • Subclass 309/100 (Offshore): Temporary and Permanent Partner Visas for those outside Australia.
 

The Subclass 494 Visa is usually granted for up to five years, depending on the length of the employment contract.

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