Partner Visa
As the name implies, this visa allows Australian citizens, Australian permanent residents, and qualified citizens of New Zealand to enter and live permanently in Australia as married partners (i.e., opposite-sex spouses) and de facto partners (i.e., those in a same-sex relationship). At Aussizz, we handle obtaining this visa for you by means of an exhaustive evaluation, advice, and precise visa application procedure.
Although, there are three major subclasses for partner visa, this visa is broadly divided into two categories: Prospective Marriage visa and Partner visa. The type of visa for which you should apply depends on the type of relationship you are in.
Following are the types of relationship and the visas that correspond to them:
- Intended marriage (fiance(e)): Prospective Marriage visa
- Married (de jure) relationship: Partner visa
- De facto partner relationship: (including a same-sex relationship): Partner visa
Subclass Partner Visa
The subclasses are of two types: temporary and permanent. In the beginning, partners who meet the legal criteria for the grant of the visa are granted a temporary visa. Later, a permanent visa may be granted following an eligibility period or, if there is a long-standing relationship or children of the relationship, soon after grant of the temporary visa.
Partner category migration also allows for the temporary entry to Australia of fiance(e)s (intended spouses) of Australian citizens, permanent residents and eligible New Zealand citizens.
However, as the partner or fiance(e) of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you are not automatically eligible for permanent residence in Australia. If you wish to reside permanently in Australia you must first apply for a permanent visa and be assessed against the legal criteria for the grant of that visa.
Let us have a cursory look at the partner subclass visas based on your location at the time of application:
- If you are in Australia, you are eligible to apply for Partner Temporary Visa (Subclass 820) and Permanent visa (subclass 801). You can apply for this visa to stay in Australia with your partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. If the relationship is genuine and still on even after the two years of the application of this visa, you can be granted a permanent visa.
- If you are outside Australia: Partner Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100): You can apply for this visa to enter and stay in Australia with your partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. A continuous and genuine relationship for two years after the application of this visa, can grant you a permanent visa.
Prospective Marriage Visa (Subclass 300)
This is for those who want to enter Australia before marriage. In order to apply for this visa, your fiance must be an Australian citizen,Australian permanent resident or eligible New Zealand citizen. Once married, holders of this visa can then apply for a Partner visa to remain permanently in Australia.
General Terms and Conditions
Following are some general requirements to be eligible for applying this visa:
- You must be sponsored by a person (being your fiance(e), partner, or in some circumstances, a parent or guardian of your partner) who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen and who can satisfy the legal requirements for being a sponsor.
- You must also meet health and character criteria
- If you have dependent children or other dependent family members, they may make combined applications with your application provided that they meet certain requirements
Expansion of partner visa eligibility in Australia
Partner visa is also applicable to those whose visa has been refused or cancelled since their last visit to Australia. This refusal or cancellation falls under the section 48 of the Migration Act 1958 (Act). And hence, when you are in Australia, you cannot apply for any visa except for certain prescribed visa classes, such as a Protection visa or a Bridging visa.
However, from 14 September 2009 you may be eligible to apply for a Partner visa in Australia if you meet certain criteria. Those four requirements are:
- You must not have had a partner visa refused since you last entered Australia
- You must not have had a visa refused or cancelled on character grounds under section 501 of the Act
- You must provide with your application a form 40SP Sponsorship for a partner to migrate to Australia completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who declares that they are your spouse or de facto partner
- You must provide with your application two statutory declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizens (other than your partner) supporting the existence of your relationship with your partner. These declarations must be made not more than six weeks before the day the Partner visa application was made.
These are some of the basic requirements to just lodge an application. Along with these, there are many others and your application under this provision will be assessed against the legislative requirements in the same way as all Partner visa applicants who apply in Australia.
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FAQs About Partner Visa
A partner visa in Australia allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live and work in Australia. It’s a pathway for couples to be together in Australia.
You may be eligible for a partner visa if you are married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. Both opposite-sex and same-sex couples are eligible.
A de facto relationship refers to a genuine and ongoing relationship between two people who are not married but are in a committed relationship, living together on a genuine domestic basis.
The main types of partner visas are:
- Subclass 820/801 (Onshore): Temporary and Permanent Partner Visas for those already in Australia.
- Subclass 309/100 (Offshore): Temporary and Permanent Partner Visas for those outside Australia.
The two-stage partner visa process involves applying for a temporary visa first and then applying for a permanent visa after a certain period. For instance, if applying onshore, you would first apply for a subclass 820 (temporary) visa and later for a subclass 801 (permanent) visa.
Requirements include evidence of a genuine relationship, proof of commitment, health and character checks, and meeting the financial and sponsorship obligations. Each visa subclass may have specific requirements.
This can include documents like joint bank accounts, shared bills, photos taken together, travel documents showing shared trips, and testimonies from family and friends supporting the authenticity of your relationship.
Processing times vary and can be affected by factors like the complexity of the case, the completeness of the application, and the number of applications in the queue. Processing times can be checked on the Department of Home Affairs website.
Yes, partner visa holders are usually allowed to work and study in Australia. Temporary visa holders (e.g., 820 or 309) are generally granted work rights, while permanent visa holders (e.g., 801 or 100) have full work and study rights.
Yes, dependent children can be included in your partner’s visa application. There are specific requirements and processes for including children in the application.
Generally, a de facto relationship needs to have existed for at least 12 months before applying for a partner visa. However, exceptions can be made if you can prove compelling and compassionate circumstances.
The cost of partner visas can vary and may change over time. It’s recommended to check the official Department of Home Affairs website for the most up-to-date fee information.
Yes, same-sex couples have the same rights as opposite-sex couples to apply for a Partner Visa, provided they meet the eligibility criteria.
Yes, you can apply for a Partner Visa based on your engagement. However, you must marry your partner before the visa is granted.
Yes, dependent children can be included in the Partner Visa application. You will need to provide appropriate documentation for each dependent child.
In some cases, it is possible to apply for a Partner Visa while in Australia on a tourist visa. However, it is essential to meet specific requirements and conditions to be eligible for an onshore application.
The cost of a Partner Visa application can be substantial and may vary depending on the specific visa subclass and additional services requested. The fees could range from AUD 7,715 to AUD 8,715 for the combined temporary and permanent visa applications. Check the website for the latest update on visa fees. Click Here
Yes, if your Partner Visa application is refused, you may have the option to appeal the decision. The appeal process varies depending on the visa subclass and your location.
Yes, after holding the permanent Partner Visa for a certain period and meeting specific residency requirements, you may become eligible to apply for Australian citizenship.
If your relationship breaks down before the grant of the permanent visa, it may impact your eligibility for the visa. You should seek legal advice in such circumstances.
