Partner Visas (ONSHORE AND OFFSHORE)


About this visa

This visa allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia.

The visa application is processed in two stages, about two years apart. The first stage grants a temporary visa and the second stage grant a permanent visa. However, a single application is lodged for both the temporary and permanent visas, and a single application fee is charged. Based on the location of the applicant there are two types of Partner visas.

  1. For onshore applicants: Temporary Partner visa (subclass 820) and Permanent Partner visa (subclass 801)
  2. For offshore applicants: Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)

The temporary Partner visa (subclass 820 or 309) is the first stage towards a permanent Partner visa (subclass 801 or 100 respectively). For Temporary Partner visa, the applicant(s) must be onshore when the outcome of the visa application is decided. Similarly, for Partner (Provisional) visa, the applicant(s) must be offshore when the outcome of the visa application is decided. However, the applicant can be in or outside Australia when the outcome of Permanent Partner/ Partner (Migrant) visa is decided.

In most cases, permanent residence cannot be granted less than two years from the day the initial application is lodge.

Who could get this visa

The applicant must be sponsored and married or in a de facto relationship with:

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen

The relationship must be genuine and ongoing. The applicant and the partner must live together, if they do not, any separation must be only temporary and both parties must freely consent to the relationship.

The applicant must also be older than 18 years of age and not be related to the partner by family. This means the applicant cannot be an ancestor or descendant of the partner, or have a parent in common.

Married applicants

The marriage must be valid under Australian law. Same-sex couples can apply for this visa only based on their de facto relationship.

De facto applicants

Usually the de facto relationship must have existed for at least 12 months immediately before the applicant applies for this visa. However, the applicant can be granted a visa without having been in a de facto relationship for 12 months if:

  • s/he can demonstrate compelling and compassionate circumstances, such as having dependent children
  • the de facto relationship has been registered in Australia (this is not available in all states and territories).

Sponsor

Your sponsor must:

If your partner in Australia is under 18 and you are married to them, your partner’s parent or guardian might be able to sponsor you if they are an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

Australian permanent resident or eligible New Zealand citizen sponsors must usually live in Australia.

Eligible New Zealand citizen sponsors might also need to have a health check.

Visa entitlements

What you can do on the Partner visa (subclass 820)

    The temporary Partner visa (subclass 820) lets you:
  • stay in Australia until a decision is made on your permanent Partner visa (subclass 801)
  • work in Australia
  • study in Australia (no government support)
  • travel outside Australia as many times as you want
  • access up to 510 hours of free English language tuition provided by the Adult Migrant English Program
  • enrol in Medicare, Australia’s national health scheme.
New Zealand citizens

New Zealand passport holders should tell the immigration officer at the border that they have a Partner visa. If you do not tell them, you might be granted a Special Category visa (subclass 444) and you will not be eligible for the permanent Partner visa (subclass 801).

 

Permanent Partner visa (subclass 801)

    The permanent Partner visa (subclass 801) lets you:
  • stay in Australia indefinitely
  • work and study in Australia
  • enrol in Medicare, Australia’s health care scheme
  • receive some social security payments. More information is available on the Department of Human Services website.
  • sponsor eligible relatives for permanent residence
  • travel outside Australia as many times as you want for five years from the date the visa is granted – you will then need a Resident Return visa to re-enter Australia
  • apply for Australian citizenship, when eligible.
New Zealand citizens

New Zealand passport holders should tell the immigration officer at the border that they have a Partner visa. If you do not tell them, you might be granted a Special Category visa (subclass 444).

NOTE: Please visit www.border.gov.au first before lodging any visa application in Australia. We understand that applying for this visa without proper support and guidelines can be an arduous task. For this reason, our dedicated MARA Registered Migration Agents are available to help you to lodge your visa and guide you through the entire visa application process. To know more
Contact Us Now

Please visit your nearest onshore office at Melbourne or Sydney for more information.

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