Overview
Partner (temporary) & Partner visa (Permanent)
Subclass 309 Partner (temporary) & Subclass 100 Partner visa (Permanent) – Onshore
Partner visa 820/801 309/100 300
Prospective Marriage visa
Subclass 300 Prospective Marriage visa- Offshore
Partner visa (temporary) Partner visa (Permanent)
Subclass 820 Partner visa (temporary) & Subclass 801 Partner visa (Permanent) – Onshore
Who can apply for Partner visas ?
A Partner Visa allows the spouse (husband or wife) or De Facto partner of an Australian citizen, a Permanent Resident, or an eligible New Zealand citizen to obtain a visa so that they can live together in Australia.
Partner Visa
Subclass 309: Partner (Provisional) Visa
What is the Subclass 309 Visa?
The Subclass 309 Partner Visa allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to enter and stay in Australia.
Eligibility and Requirements
Relationship Status: You must be married to or in a de facto relationship with an Australian citizen or permanent resident.
Australian Spouse Visa Eligibility: You will be assessed on various factors like the genuineness of your relationship and your financial stability.
Application Process
Submit Initial Documents: These include marriage certificates, proof of cohabitation, and financial stability records.
Apply Online: Complete the online application and pay the fee.
Additional Requirements: You may need to undergo health examinations or provide additional documents.
Visa Grant: Once approved, this is a provisional visa, and you can apply for the permanent Partner Visa (Subclass 100) after two years.
Subclass 300: Prospective Marriage Visa
What is the Australia Prospective Marriage Visa 300?
The Prospective Marriage Visa 300 allows you to enter Australia to marry your prospective spouse and then apply for a Partner Visa.
Eligibility and Requirements
Intention to Marry: You must have plans to marry your partner within 9 months of entering Australia.
Relationship Status: You must have met your prospective spouse in person and both must be free to marry.
Application Process
Submit Notice of Intended Marriage: This should be lodged with an Australian Registrar of Births, Deaths, and Marriages.
Compile Documents: Similar to the Subclass 309 visa, supporting documents are required.
Apply and Wait for Approval: Once approved, you must marry within 9 months and can then apply for the Subclass 820 Visa.
Subclass 820 and 801: Onshore Partner Visas
What are the Subclasses 820 and 801?
The Subclass 820 is a temporary Partner Visa that allows you to stay in Australia. The Subclass 801 Visa is the subsequent permanent visa.
Eligibility and Requirements
Relationship Status: You must be in a genuine relationship with an Australian citizen or a permanent resident or an Eligible New Zealand citizen.
Subclass 820 Holders: You must hold a Subclass 820 Visa when applying for the Subclass 801.
Australia Partner Visa Costs
The Subclass 820 and 801 Visas have different costs. You will also need to account for additional costs such as health checks and police clearances.
Application Process
Marriage Visa Australia Documents: Compile essential documents demonstrating the authenticity of your relationship.
Sponsorship: Applicant must be sponsored by an Australian citizen/Permanent resident or an Eligible New Zealand citizen.
Apply for Subclass 820: Once granted, you can apply for the Subclass 801 after two years.
Conclusion
Australia’s partner visa options may seem daunting, but they offer various pathways for different relationship statuses and needs. Whether you opt for Subclass 309, Subclass 300, Subclass 820, or Subclass 801, knowing the essential requirements and application process can simplify your journey.
For personalized guidance tailored to your circumstances, feel free to contact us.
FAQs
If you are the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen looking to live temporarily in Australia, obtaining an 820 Partner Visa will allow you to do so.
You must be in a genuine relationship, meet health and character requirements, and live with an Australia citizen, permanent resident, or eligible New Zealand citizen. If you are currently living apart, you must provide reasons as to why.
The 820 Partner visa is temporary whereas the 801 Partner Visa is permanent. Once you have held the 820 Partner Visa for a certain amount of time you may be eligible to apply for the 801 Partner Visa.
It usually takes between 12 to 24 months to process the 820 Partner Visa but is dependent on well you fill out your application, how complex your case is and the speed in which you provide requested documents.
Yes, you can work and study with no restrictions on the 820 Partner Visa. However you may not be eligible for HECS-HELP loans.
Yes, dependent children or stepchildren can be included in your 820 Partner Visa. Their visa conditions will be the same as yours.
It costs approximately $8,805AUD to apply for an 820 Partner Visa. If you include dependants, health checks, police certificates etc, additional fees may apply.
Yes, you can travel in and out of Australia on the 820 Partner Visa. Please make sure you let the Department of Home Affairs know if you plan to stay overseas for long period.
Yes, it is required that you are in Australia when you lodge and when the decision is made on your visa. If you are overseas, you will need to apply for the 309 Partner Visa.
Evidence such as photos, joint bank account statements, shared household bills and statutory declarations from family and friends will need to be provided when you apply for an 820 Partner Visa. You will also need to submit police checks and heath assessments.
Proving your relationship to the Department of Home Affairs will require you to submit evidence such as communication records, photos, joint assets/financial responsibilities, joint travel itineraries and statutory declarations from family and friends. This will help them in determining the genuineness of your relationship.
You must report the end of your relationship to the Department of Home Affairs. Your visa will subsequently be cancelled unless there are special reasons to keep it (domestic violence, presence of children etc)
Yes, you can appeal the decision through the Administrative Appeals Tribunal (AAT). You just need to make sure you lodge the appeal within the specified timeframe after receiving refusal.
You can live, work and study in Australia once your 820 Partner Visa is granted. If you are still in a genuine relationship after around two years (from date of application), you may be eligible to apply for the 801 Partner Visa.
Once you have held the 820 Partner Visa for approximately two years, you may be eligible to apply for the 801 Partner Visa. You will be ask to submit evidence by the Department of Home Affairs to prove your relationship and if the evidence is satisfactory, you will be granted the Visa.
Yes, you may apply for a Bridging Visa A (BVA) while you await the decision of your 820 Partner Visa. This will allow you to remain in Australia while it is being processed.
Yes, you may be eligible for Australian citizenship once you have been granted the permanent 801 Partner Visa if you meet the requirements.