What is Partner Visa?

Partner visa allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia. The Partner Visa subclass 820/801 is for onshore applicants and 309/100 is for offshore.

The partner visa is processed in 2 stages 820/309 – Temporary and 801/100 Permanent, approximately 2 years apart.

Who can get Partner Visa?

Applicants should be able to provide the following

• Evidence to prove the genuineness of the relationship
• Evidence of length of the relationship and time spent living together
• Financial evidence supporting their mutual commitment to each other
• Evidence indicating the social features of the relationship, including pictures and letter of support from family and friends describing their relationship.

Eligibility requirements:

• be the spouse or de facto partner or be engaged to an Australian citizen, a permanent resident or an eligible New Zealand citizen
• be in a genuine and ongoing relationship
• meet health and character requirement
• meet additional criteria of the stream in which you are applying for

This visa allows the applicant to live, work and study in Australia.

What are the types of Partner visas?

This is a visa for married partners and de facto partners of Australian citizens, Australian permanent residents and eligible New Zealand citizens. There are few categories:

Spouse Visa Subclass 820

Both partners must have turned 18 and the marriage must be legal under Australian law. Underage or polygamous marriages are not accepted in Australia.

To be eligible to apply for a Spouse visa, the applicant must be either married to:

• an Australian citizen; or
• an Australian permanent resident; or
• an eligible New Zealand citizen.

Defacto Partner Visa Subclass 820

The de facto relationship must have existed for at least 12 months before applying for the visa

• Live together (You and your partner must be living together, or any separation must be only temporary not on a permanent basis)
• Commitment to a shared life to exclusion of all others (a genuine and continuing relationship with your partner)
• Must have lived together for a period of at least 12 months prior to lodging visa application.

Basically Partner Visa Subclass 820 allow you to stay in Australia until the Department of Immigration decide your permanent Partner (Migrant) visa (subclass 801) 

You apply for both a temporary visa and a permanent visa by completing and lodging one application, usually it takes two years transition from temporary visa 820 to permanent visa 801. You must still meet all legal requirements when your application is considered after the waiting period.

Prospective Marriage Visa Subclass 300

This visa lets you come to Australia to marry your prospective spouse and then apply for a Partner visa.

A Prospective Marriage visa is a temporary visa valid for nine months. Once granted, within the 9 months the applicant must register their marriage.

Eligibility criteria for Prospective Marriage Visa

• Applicant must be sponsored by their fiance(e) who must be at least 18 years of age
• Must be sponsored by an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations.
• Must have personally known and physically met their fiance(e), must not marry prior to entering Australia.
• Applicants must agree to marry within 9 months of entering Australia.
• Must not have any impediment to marrying under Australian Law

This visa allows the applicant to live, work and study in Australia for 9 months. You are also permitted to travel freely to and from Australia during this period.

Partner (Provisional) visa Subclass 309 

The provisional visa will allow you to enter and remain in Australia until a decision is made on your permanent visa Partner (Migrant) Subclass 100. You must apply for both visas at the same time.

Eligibility criteria:

• You must be married or in a de facto relationship with an Australian citizen, Australian permanent resident or eligible New Zealand.
• Your relationship must be proven to be an exclusive, committed, genuine and continuing relationship.
• Your relationship must be able to prove, cumulatively, that you and your partner meet the following four factors:
  • Joint financial aspects of the relationship.
  • Join nature of the household arrangement.
  • The social aspects of the relationship.
  • The nature of the couple’s commitment to one another.
• For couples who are in a de facto relationship the law stipulates that the length of the relationship must be at least of 12 months duration. However, there are exceptions to this requirement including when the relationship has been registered under a law of a State or Territory prescribed in relevant legislation.
• You must meet health and character requirements.

What is the Difference between Australia Partner Visa Subclass 820/801 and 309/100 Visa?

Very simple:

• If you are in Australia, you are eligible to apply for Partner Temporary Visa (Subclass 820) and Permanent visa (subclass 801).
• If you are outside Australia: Partner Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100).

Useful links:

Partner Visa (Subclasses 820 and 801)

Partner Visa (Subclasses 309 and 100)

Do you want to apply for a Partner Visa? Contact us today