Partner Visa
Australia offers several visa options for partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia temporarily or permanently. The appropriate visa subclass depends on factors such as the applicant’s location at the time of application and the nature of the relationship. Below is an updated overview:
1. Prospective Marriage Visa (Subclass 300):
This visa allows individuals who are engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen to come to Australia to marry their prospective spouse. Key details include:
- Purpose: Enables the visa holder to enter Australia, marry their intended spouse within the visa’s validity period, and subsequently apply for a Partner visa.
- Validity: The visa is typically valid for 9 to 15 months from the date of grant.
- Eligibility: Applicants must be outside Australia when applying and when the visa is granted. They must intend to marry their prospective spouse within the visa’s validity and meet health and character requirements.
2. Partner Visa (Onshore) – Subclasses 820 and 801:
These visas are for applicants who are in Australia at the time of application.
- Subclass 820 (Temporary Partner Visa): Allows the de facto partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live temporarily in Australia.
- Benefits: Live, work, and study in Australia while the permanent visa (subclass 801) is processed.
- Eligibility: Applicants must be in Australia when applying and when the visa is granted. They must be in a genuine and continuing relationship and meet health and character requirements.
- Subclass 801 (Permanent Partner Visa): Granted after the temporary subclass 820 visa, allowing the holder to live permanently in Australia.
- Benefits: Live, work, and study in Australia indefinitely; sponsor eligible family members; and apply for Australian citizenship if eligible.
- Eligibility: Generally, applicants become eligible for the permanent visa two years after applying for the temporary visa, provided the relationship is ongoing.
3. Partner Visa (Offshore) – Subclasses 309 and 100:
These visas are for applicants who are outside Australia at the time of application.
- Subclass 309 (Provisional Partner Visa): Allows the de facto partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live temporarily in Australia.
- Benefits: Live, work, and study in Australia while the permanent visa (subclass 100) is processed.
- Eligibility: Applicants must be outside Australia when applying and when the visa is granted. They must be in a genuine and continuing relationship and meet health and character requirements.
- Subclass 100 (Permanent Partner Visa): Granted after the provisional subclass 309 visa, allowing the holder to live permanently in Australia.
- Benefits: Live, work, and study in Australia indefinitely; sponsor eligible family members; and apply for Australian citizenship if eligible.
- Eligibility: Generally, applicants become eligible for the permanent visa two years after applying for the provisional visa, provided the relationship is ongoing.
Important Considerations:
- Genuine Relationship Requirement: Applicants must provide substantial evidence to demonstrate a genuine and continuing relationship with their partner.
- Health and Character Requirements: All applicants must meet specific health and character standards as part of the visa application process.
- Application Process: The partner visa application process is complex and requires extensive documentation to prove a genuine and ongoing relationship, as mandated by the Department of Home Affairs. To ensure a smooth application, applicants are encouraged to consult the official Department of Home Affairs website or seek guidance from a registered migration agent. Our experienced migration agents can assist you throughout the process, helping you meet all requirements and improve your chances of a successful outcome.