How to get an Australian partner visa
Australia is a great place to settle down and start a family. Obtaining a partner visa will enable you to join your Australian partner and start your new life together here in Australia. Australian Immigration will carefully examine your relationship during the application process to check that it is genuine. Applications with insufficient proof will be refused.
Unfortunately, you won’t automatically receive a partner visa upon marriage.
To apply for a partner visa, you must be sponsored by your spouse or de facto partner. They have to either be:
- an Australian citizen
- a permanent Australian resident
- a New Zealand citizen residing in Australia
Am I eligible for a partner visa?
There are different partner visas that you can apply for, depending on where you are. The requirements for each of them are slightly different. But first, let’s go through the requirements they have in common.
Which partner visa should I apply for?
There are four types of partner visas available in Australia. You will be able to live and study with any of them during your time in this country. However, some of them only provide temporary residency rather than permanent status. You will also be permitted to work in Australia, and your job rights and benefits will be safeguarded by Australian workplace law.
Types of partner visas in Australia
You may apply for an Australian partner visa if you’re currently living abroad or stationed in Australia. We’ve listed the four applicable partner visas below.
Applying for a partner visa outside of Australian 309/100
Obtaining the permanent Partner (Migrant) visa (subclass 100) is a two stage process. To be eligible for a permanent partner visa you first need to be granted a temporary Partner (Provisional) visa (subclass 309). You apply for both the permanent and temporary visas at the same time and pay only one fee. If you are granted the temporary Partner (Provisional) visa (subclass 309), you are eligible to be assessed for the permanent Partner (Migrant) visa (subclass 100) about two years after you lodged your application. You will need to provide further documents for this assessment.
If you have been in a long term relationship before you lodge your application, the permanent Partner (Migrant) visa (subclass 100) will be granted immediately after the temporary Partner (Provisional) visa (subclass 309).
You must be outside Australia when you lodge your application and when a decision is made on the temporary Partner visa (subclass 309).
You can be in or outside Australia when a decision is made on the permanent Partner visa (subclass 100).
Provisional Partner Visa (Subclass 309)
This is a temporary partner visa that you can only apply for outside of Australia. It allows you to remain within the country while your permanent migrant partner visa is being processed.
You’ll also be able to:
- leave and return to Australia whenever you like (depending on Government Covid restrictions)
- take advantage of free English classes
- sign up for Medicare services
Migrant Partner Visa (Subclass 100)
You must first have a provisional partner visa to be eligible for this visa. The subclass 100 visa will
- provide you with permanent residency
- allow you to sponsor relatives who wish to apply for an Australian visa
- allow you to leave and return to Australia anytime (depending on Government Covid restrictions)
- attend free English classes
- sign up for Medicare services
- receive benefits from the Australian government
You can also apply to become an Australian citizen 12 months after receiving your migrant partner visa if you’ve had a valid Australian visa for at least four years.
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Applying for a partner visa within Australia
You can also apply for a partner visa within Australia. The following information will guide you through the process.
Partner Visa (Subclass 820 801)
Subclass 820 and 801 partner visas are for those applying from within Australia. You will be eligible to apply if your spouse or de facto partner is an Australian citizen, permanent resident, or a New Zealand citizen residing in Australia and can sponsor your stay.
You must be in Australia when you lodge your application and when a decision is made on the temporary Partner visa (subclass 820).
You can be in or outside Australia when a decision is made on the permanent Partner visa (subclass 801).
Temporary Partner Visa (Subclass 820)
You’ll be included in the application process for a permanent partner visa after you apply for this visa. While your permanent partner visa is being processed, the subclass 820 visa will allow you to stay in Australia temporarily.
During this time, you are free to
- leave the country and return as often as you like (depending on Government Covid restrictions)
- attend free English classes
- sign up for Medicare services.
If you previously held a prospective marriage visa (subclass 300), the overall cost of your subclass 820 visa will be reduced, and you’ll be able to extend your application to include a relative who wishes to stay in Australia as well.
Permanent Partner Visa (Subclass 801)
You must first be holding the temporary partner 820 visa to be eligible for this visa. The subclass 801 visa will:
- provide you with permanent residency
- allow you to sponsor relatives who wish to apply for an Australian visa
- allow you to leave and return to Australia anytime (depending on Government Covid restrictions)
- attend free English classes
- sign up for Medicare services
- receive benefits from the Australian government.
You can apply to become an Australian citizen 12 months after receiving your migrant partner visa if you’ve had a valid Australian visa for at least four years
How do I prove that my relationship with my spouse or de facto partner is genuine?
To apply for a partner visa in Australia, you will need to supply documentation, such as:
- Bank statements for joint accounts
- Proof of shared ownership for properties and vehicles
- Photos of you and your partner taken over an extended period of time
Prospective Marriage Visa (Subclass 300)
The purpose of the Prospective Marriage visa is to allow the fiancé(e) of an Australian citizen, permanent resident or eligible New Zealand citizen to travel to Australia in order to be married. The marriage must take place within nine months of the visa grant date, following which the applicant is eligible to apply for a Partner visa 820/801.
This application is lodged with the Department of Home Affairs (DOHA) on behalf of you and your sponsor. The main criterion is that the relationship and your sponsor meet the requirements referred to above. In addition, you must meet the standard health and character checks.
This visa is valid for nine months and allows you to travel to Australia before being married to your fiancé(e). You must be outside Australia both when your application is lodged, and when your visa is granted. The marriage must occur during the validity period of your visa i.e. within nine months of the visa grant date. It may take place either in Australia or overseas.
Next step is once you have entered Australia and your marriage has taken place, you will be eligible to apply for a Partner visa. This application must be lodged before your Prospective Marriage visa expires.
Once you meet the criteria, you will be granted a temporary Partner visa, which is valid for approximately two years from the date of the application’s lodgement. At the end of this two-year period, you will be eligible for a permanent Partner visa.
Need A Partner Visa?
At Nexor Education and Migration Services, our agents will work tirelessly to ensure your Partner Visa application meets the current and legislative Australian Migration policy criteria. Call us to discuss which type of Partner Visa is most suitable for you and your partner.
Don’t just take our word for it,
book a free consultation!
Request an appointment today for your free initial consultation with one of our experts. Call us on 03 9111 0009
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