Partner Visa (Onshore & Offshore)
There are two types of Partner Visas based on the location of applying
- For onshore applicants: Temporary Partner visa (subclass 820) and Permanent Partner visa (subclass 801)
- For offshore applicants: Partner (Provisional) visa (subclass 309) and Permanent Partner visa (subclass 100)
The Partner visas permit the spouse or de-facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia. At the time of application, the applicant must be in Australia to apply for subclass 820 and 801. Likewise, applicants must be outside of Australia at the time of application lodgement for subclass 309.
The temporary partner visa (subclass 820 or 309) is granted first and lets you stay in Australia while the permanent partner visa (subclass 801 or 100) is processed.
Getting the permanent Partner visa is a two-stage process. To be qualified for a permanent partner visa you first need to be granted a provisional partner visa. You have to apply for both the permanent and temporary visas at the same time and pay only one fee. If you are granted the temporary visa, you are eligible to be assessed for the permanent Partner visa (subclass 801) about two years after you lodged your application. You will need to provide further documents for this assessment.
if you are applying for Partner Visa under the grounds of marriage, then the applicants have to be lawfully married in Australia or legally married in the country where the marriage had taken place. If a marriage is not recognized where it took place, the visa application will not be considered under Australian Migration Law.
De Facto Applicants
If you are applying for Partner Visa under the de facto applicants, then the applicants must have been in a de facto relationship for at least one year before applying for the visa. However, if there are compelling and humane causes or your relationship is recorded under an Australian State/Territory law, you may apply.
Whether you are applying under the grounds of marriage or in a de facto relationship, the following criteria apply to all applicants.
- An Australian citizen, permanent resident or eligible New Zealand citizen sponsor the applicant.
- Applicant is married or in a genuine de-facto relationship with their sponsor
- Applicant must be in a mutually exclusive, authentic and continuing relationship with your spouse/de facto partner.
- Applicant must be over of 18 years of age
- Applicant must have lived with their spouse/partner on domestic basis and have not lived apart on a permanent basis.
- Applicant must ensure that their partner is not prohibited from sponsoring applicants for the Partner visa
- Both applicant and sponsor meet both the health and character criteria.
The partner temporary/provisional visa lets the visa holder to:
- Come to Australia and stay there until a decision is made about the permanent partner visa
- Work and study in Australia
- Enroll in Medicare
Meet our migration agents for partner visa in our office at Melbourne & Sydney.