Partner and Spouse Visa

The partner visa option for your situation will depend on the nature of your relationship (eg. de facto, engaged, married) and the length of your relationship. To apply for this visa, your partner must be an Australian citizen, permanent resident or eligible New Zealand citizen. Your partner may not be able to sponsor you if they sponsored another person or had been sponsored within 5 years or if they have sponsored 2 people previously.  

Partner visa application can be separated into two pathways depending on whether the visa process was initiated onshore or offshore.  

The types of partner visa:   

Fiancé (Prospective Marriage) Visa 

 
This is a temporary visa granted for 9 months during which time you are expected to be married. The application has to be made outside Australia and you must be outside Australia when it is granted. 

Partner Visa :  
You may also apply a partner visa if you can evidence one of the following relationships: 

  • Marriage  
  • De facto relationship for a period of least 12 months  
  • Formal registration of your de facto relationship 

 

  1. Visa application made outside Australia: SUBCLASS 309 AND 100 

 

The Subclass 309 temporary Partner visa allows you to live in Australia. 

The application has to be made outside Australia and you must be outside Australia when it is granted. It is the first stage towards a permanent partner visa (subclass 100). You lodge only one application for your temporary and permanent visas.  

The Provisional Partner Visa (subclass 309) will allow you to: 

  • remain in Australia until a decision is made about your permanent Partner visa; 
  • work in Australia; 
  • study in Australia, but with no access to government funding; and 
  • enrol in Medicare, Australia’s scheme for health-related care and expenses. 

Two years after your subclass 309 is lodged if the relationship still exists you will be invited to apply for your Permanent Partner visa (subclass 100). 

Once you obtain the Permanent Partner visa (subclass 100) visa you can: 

  • stay in Australia; 
  • work and study in Australia; 
  • apply for Australian citizenship (if you are eligible); 
  • sponsor eligible relatives for permanent residence; 
  • receive some social security payments; 
  1. Visa application made in Australia: SUBCLASS 820 AND 801 

The Subclass 820 temporary Partner visa allows you to live in Australia. 

The application has to be made in Australia and you must be within Australia when the visa is granted. This visa is the first stage to obtaining a subclass 801 permanent Partner visa (subclass 801). 

The temporary Partner Visa (subclass 820) will allow you to: 

  • remain in Australia until a decision is made about your permanent Partner visa; 
  • work in Australia; 
  • study in Australia, but with no access to government funding; and 
  • enrol in Medicare, Australia’s scheme for health-related care and expenses. 

Your dependent children can be included in your application, but not other dependent relatives unless you hold or held a Prospective Marriage visa.  The dependents must also be in Australia when they apply. 

Two years after your subclass 820 is lodged if the relationship still exists you will be invited to apply for your Permanent Partner visa (subclass 801). 

The Permanent Partner visa (subclass 801) will allow you to: 

  • stay in Australia indefinitely; 
  • work and study in Australia; 
  • apply for Australian citizenship once you are eligible to do so; 
  • sponsor eligible relatives for permanent residence; 
  • receive some social security payments; and 

Relationship Requirements 

Applicants are required to prove that they are in a long term, committed relationship with their sponsor.  Applicants need to submit documentation showing that they have shared life and a commitment to each other 

The documents you are going to submit should cover these:  

  • Financial aspects of the relationship 
  • A shared household 
  • Social aspects 
  • Nature of the commitment 

Contact us today for more information.