In this article, we explain in detail the requirements and processes involved in applying for any of the Australian partner visas. Partner, Spouse and Fiancé Visas are available to migrants either onshore (in Australia) or offshore (outside Australia). The information below is easy to understand with clear instructions and requirements for you to identify which visa is best suited to your needs.
What Is A Partner Visa?
Often referred to as ‘de facto visas’, the Australian partner visas are usually granted to spouses or partners of Australian citizens, permanent residents or eligible New Zealand citizens living permanently in Australia.
A partner visa applies to both heterosexual and same-sex couples, and one isn’t more complicated than the other.
The visa applications are split into two categories – one for onshore applications in Australia and the other, offshore for applications outside of Australia.
Both onshore and offshore applications require a temporary visa before a permanent visa can be granted – subclass 820 for onshore and subclass 309 & 300 for offshore.
The 3 Different Types of Partner Visas
At the time of writing this, Australian’s Department of Home Affairs provides three options for partner and spouse visas. All three visas require an Australian sponsor (usually your partner). The three visas are:
- Prospective Marriage or Fiancé Visa (Subclass 300)
- Partner Visa Offshore (Subclasses 309 and 100)
- Partner Visa Onshore (Subclass 820 and 801)
All three visas mentioned above require a temporary visa firstly and follows in two stages:
Stage 1: A temporary partner visa
Stage 2: A permanent partner visa following the temporary visa
Both temporary and permanent partner visas allow you to study or work in Australia. However, working on a temporary visa does depend on the company that’s hiring and whether they are allowed to employ anyone on a temporary visa. Thus, it’s advised to check with the company before you apply for a job. You may also be eligible for Medicare with any of the three visas.
You might also be interested to Learn More About A Family Visa.
Partner Visa Application Made Outside Australia (Offshore) – Subclass 309 & 100
The offshore partner visa, or subclass 309 visa, allows an applicant to apply for a partner visa for Australia from outside Australia. If granted, this visa will then allow you to live in Australia.
The main requirement for this visa is that you must be in a genuine de-facto relationship or marriage with an Australian Citizen, Australian permanent resident or eligible New Zealand citizen. The 301 & 100 visa applies to both heterosexual and same-sex couples.
The application must be made outside Australia and you must also be outside Australia when the visa is granted. This is the first stage towards a permanent Partner visa or subclass 100 visa.
You lodge only one application for your temporary and permanent visas. The visa application is then processed in two stages, around two years apart from one another.
In some cases the visa can still be granted even if the relationship has ended permanently or if a spouse has passed away.
As previously mentioned, your partner must sponsor you but comes with a caveat. Your partner may not be able to sponsor you if they have already sponsored another person in the same timeframe or have themselves been sponsored within a five-year period, or if they have previously sponsored two other people. However, there are some exemptions for compelling circumstances.
What Does A Subclass 309 or Provisional Partner Visa allow you to do?
The Provisional Partner Visa will allow you to:
- work in Australia;
- study in Australia, but with zero access to government funding;
- remain in Australia until a decision is reached about your permanent Partner visa; and
- enrol in Medicare.
What Can You Do Once You Obtain A Permanent Partner Visa – Subclass 100 Visa?
Once you’ve obtained a Permanent Partner visa (subclass 100) you can:
- stay in Australia indefinitely;
- work and study in Australia;
- receive some social security payments;
- apply for Australian citizenship (if you are eligible and meet criteria);
- sponsor eligible relatives for permanent residence;
- travel in and out of Australia for a period of five years from the date the visa is granted. After the five years when the visa expires you will need another visa to enter Australia.
Who Can You Include In Your Visa Application?
- your dependent children; and/or
- dependent relatives.
It is important to note that the applicant and any dependant members must satisfy health and character requirements stipulated by the Australian Immigration Policy.
Partner Visa Application Made In Australia (Onshore) – Subclass 820 & 801
You need to apply for a temporary visa (subclass 820) firstly. The visa allows you to live in Australia if you are legally married to or are the de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen. The 820 & 801 visa applies to both heterosexual and same-sex couples.
The application for this visa has to be made in Australia and you must be in Australia when the visa is granted.
In some circumstances this visa can be granted even if the relationship has ended or a spouse has passed away.
Again, your partner must sponsor you, which comes with a caveat. Your partner may not be able to sponsor you if they have already sponsored another person in the same timeframe or have themselves been sponsored within a five-year period, or if they have previously sponsored two other people. However, there are some exemptions for compelling circumstances.
What Does A Subclass 820 or Temporary Partner Visa Allow You To Do?
With a temporary Partner Visa you will be able to:
- work in Australia;
- remain in Australia until a decision is made about your permanent Partner visa;
- study in Australia, but with zero access to government funding; and
- enrol in Medicare.
You can include your dependent children in your application, but not any other dependent relatives unless you already hold or held a Prospective Marriage visa. The dependents, like yourself, have to be in Australia when they apply for the visa.
Roughly two years after your subclass 820 has been lodged and considering the relationship still exists you will be eligible to apply for your Permanent Partner visa, the subclass 801 visa.
What Can You Do Once You Obtain A Permanent Partner Visa – Subclass 801 Visa?
Once you’ve obtained a Permanent Partner visa (subclass 801) you can:
- stay in Australia indefinitely;
- apply for Australian citizenship once you are eligible to do so;
- work and study in Australia;
- receive some social security payments; and
- sponsor eligible relatives for permanent residence;
- travel in and out of Australia for five years from the date the visa is granted and after which you will need another visa to enter Australia if in that time you have not become an Australian citizen yet.
It is important to note that the applicant and any dependant members must satisfy health and character requirements stipulated by the Australian Immigration Policy.
Prospective Marriage or Fiancé Visa – Subclass 300 (Offshore)
The Prospective Marriage visa is a temporary visa that allows you to travel to Australia to marry your prospective spouse. The application must be made outside Australia and you must also be outside Australia when the visa is granted, similar to the 309 visa. The visa is valid for nine months from when it is issued, which tells us that someone at Australian Immigration has a sense of humor.
You do not need to get married in Australia and can get married in any country of your choice.
Unfortunately, this visa does not apply to same-sex couples and the 309 & 820 visas would be a better option in this case.
What Does The Prospective Marriage Visa Allow You To Do?
The 300 visa will allow you to:
- apply for a Partner visa in Australia, once you’re married.
- enter Australia before you marry your prospective spouse;
- travel to and from Australia as often as you want;
- work in Australia (some employers might not be allowed to hire someone on a temporary visa);and
- study in Australia, but with zero access to government funding for tertiary study.
Your prospective spouse must sponsor you and must be an Australian citizen, permanent resident or eligible New Zealand citizen. Your partner may not be able to sponsor you if they have already sponsored another person in the same timeframe or have themselves been sponsored within a five-year period, or if they have previously sponsored two other people. However, there are some exemptions for compelling circumstances which Aejis Migration experts might be able to help you with.
Note that you must have met your prospective spouse before travelling to Australia, so no mail order brides or grooms. Your prospective spouse must be over 18 years of age.
You can include the following dependents in your visa application:
- your dependent children; and/or
- other dependent relatives.
It is important to note that the applicant and any dependant members must satisfy health and character requirements stipulated by the Australian Immigration Policy.
General Rules When Applying For A Partner Visa
Married Couple Applicants
- Must both be committed to a shared monogamous life together to the exclusion of all others;
- Must be in a genuine and continuing marriage and not one of convenience for visa purposes;
- Must live together, or not live apart on a permanent basis;
- The Marriage must be valid under Australian Law
De Facto Applicants
- Must not be married to each other;
- The relationship must be genuine and continuing in a monogamous life together to the exclusion of others;
- You must live together or not live separately on a permanent basis;
- You are not related by family
- In most cases, you must be in a de facto relationship for at least one year (12 months) immediately before you apply for a visa;
- Time spent dating or in an online relationship may not count as being in a de-facto relationship;
- A de-facto relationship is defined in the Family Law Act 1975 (Cth) as a couple living together on a genuine domestic basis, sometimes referred to as common law;
- The 12-month requirement will not apply if compelling and compassionate circumstances exist (dependant upon the Department of Human Affairs)
- You may also be exempt from the 12-month requirement if your partner holds a permanent humanitarian visa, your de-facto relationship existed before this visa was granted, and your de-facto partner advised of the relationship before the visa was granted
- The 12 month requirement will also not apply if you are currently in a de-facto relationship with a partner who is an applicant for a permanent humanitarian visa or you have registered your relationship with an Australian authority such as the Registry of Births, Deaths and Marriages; and
- Proof pertaining to the authenticity of your relationship will be required.
General Must-Know Information
- You may still be granted a temporary visa if your relationship has broken down or if your spouse has died,
- You must have a sponsor for this visa. In most cases, it must be your partner;
- Dept. of Human Affairs must approve your sponsor – there are limitations on approvals and this is something our migration lawyers could assist you with;
- You cannot change your sponsor – the person who sponsors you when you apply for the visa must also be the same person who sponsors you for two years after you are granted your temp Partner Visa
- You must be 18 years or older;
- Dependent children may also be included in your application. However, the visa may not be granted if it is not in the best interest of the child;
- Character and health requirement must be met for any applicant, including any dependents;
- Pay your debts to the Australian government if you have any, you don’t want to go into any applications with a fiscal deficit owed to the government,
Partner visas are pretty clear cut in their requirement but can be difficult to navigate. Aejis Migration is a leading migration expert that can assist you through the visa processes. Contact Aejis to speak with one of our migration experts.
