Partner Visas
The Australian Partner Visa is designed for the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, allowing the partner to live in Australia permanently.
The Partner Visa category is broad and includes streams for partners who are married, in a de facto relationship, or planning to marry their sponsor. Visa Schemes within the Partner Category include:
1. Partner Visa (Subclass 309/100 and 820/801)
• Subclass 309 (Temporary) / 100 (Permanent)
• Subclass 820 (Temporary) / 801 (Permanent
2. Prospective Marriage Visa (Subclass 300)
1. Partner Visa (Subclass 309/100 and 820/801):
This is the main pathway for couples who are married or in a de facto relationship.
- Subclass 309 (Temporary) / 100 (Permanent): For applicants lodging from outside Australia (Offshore).
- Subclass 820 (Temporary) / 801 (Permanent): For applicants lodging from inside Australia (Onshore).
The process is a two-stage application, where the temporary visa (309 or 820) is granted first, followed by the permanent visa (100 or 801) after approximately two years, provided the relationship remains genuine and continuing. Where applicants have been in long standing relationships, both the temporary and permanent visas may be granted simultaneously.
2. Prospective Marriage Visa (Subclass 300):
This is a temporary visa for applicants who are outside Australia and intend to marry their Australian partner after entering Australia.
- It is granted for nine months, during which time the wedding must take place.
- After marrying, the applicant must then apply for the Partner Visa (Subclass 820/801) from within Australia before the Subclass 300 visa expires.
General Requirements
To be eligible for a Partner Visa, applicants must generally meet the following key requirements:
- The sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
- The relationship must be genuine and continuing. For de facto relationships, applicants generally must prove they have been living together for at least 12 months before applying, although this can be waived if the relationship is registered in a state or territory that allows it. The Department of Home Affairs (DHA) assesses evidence across four key areas:
- Financial aspects of the relationship (e.g., joint bank accounts).
- Nature of the household (e.g., living arrangements).
- Social aspects of the relationship (e.g., being known as a couple).
- Commitment to each other (e.g., duration of the relationship, future plans).
- Prospective Marriage Requirement (Subclass 300): For this stream, you must have a genuine intention to marry your sponsor within nine months of the visa grant, and you must have personally met and know your sponsor.
- Health and Character: Both the applicant and the sponsor must be of good health and character, which typically requires a medical examination and police clearance certificates.