Australian Partner Visa Complete Guide
All You Need To Know To Reunite With Your Partner Through Australian Partner Visa in 2024
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Australian Partner Visa Overview
Are you now in a long-distance relationship with your partner? Do you want to bring your partner to stay together with you in Australia? Well, then you should consider applying for Australian Partner Visa.
If you are the partner of an Australian citizen or a permanent resident, you are eligible to apply for an Australian Partner Visa.
Depending on one’s situation, there are many types of partner visa, such as Prospective marriage visa (subclass 300), Onshore Partner Visa (subclass 801 and 820) and Offshore Partner Visa (subclass 309 and 100).
What are the differences between onshore and offshore partner visas? Which partner visa subclass am I eligible for? Well let’s break down each Australian partner visa for you.
Different Types of Partner Visa Australia
There are various types of Australian partner visas and spouse visas that you are able to apply for. You can consider to applying if you or your partner meet one of the partner visa subclass requirements and criteria .
Below are the three different types of Australia partner visa that you need to know if you are interested in sponsoring your partner for a visa to Australia:
Three types of Australian partner visa that currently available:
- Partner Visa Onshore – Consist of Subclass 820 and Subclass 801
- Partner Visa Offshore – Consist of Subclass 309 and Subclass 100
- Prospective Marriage Visa or commonly known as Subclass 300 Visa
In terms of length of stay, Australian partner visa can be categorised into two stages which is:
- First Stage : Temporary Partner Visa
- Second Stage : Permanent Partner Visa
How does each Partner Visa Subclass Work?
Generally, there are three scenarios as to how each Partner Visa subclass works:
1. Scenario 1 – You are in Australia, holding a substantive visa and being married or in a de facto relationship with an Australian
If this scenario applies to you, you may be eligible for the onshore Partner Visa (subclass 820/801). The process would be first, you must lodge the Partner Visa (subclass 820), which is the temporary Partner Visa before your substantive visa expires.
After your 820 Visa is granted, you would need to wait for 2 years (counted from the date you lodge your 820 visa application), then you can apply for the subclass 801 Visa, which is the permanent Partner Visa.
2. Scenario 2 – You are outside of Australia, but being married or in a de facto relationship with an Australian
If this scenario applies to you, you may be eligible for the onshore Partner Visa (subclass 309/100). The process is similar to the onshore Partner Visa application, in which first, you must lodge the Partner Visa (subclass 309), which is the temporary Partner Visa. The application must be lodged offshore (outside of Australia).
After your 309 Visa is granted, you would need to wait for 2 years (counted from the date you lodge your 309 visa application), and then you can apply for the subclass 100 Visa, which is the permanent Partner Visa. You can lodge the 100 visa application when you are in Australia.
3. Scenario 3 – You are outside of Australia, being engaged and plan to marry your Australian fiancé/fiancée
If this scenario applies to you, you may be eligible for the Prospective Marriage Visa (subclass 300). You must lodge the application offshore. Generally, the visa will be granted with a 9 to 15 months stay period. You are required to hold and register your legal marriage with your fiancé/fiancée within that period.
After registering your marriage, you can continue the application to an onshore Partner Visa (subclass 820/801). Be noted that you need to pass all stages, which are the temporary Partner Visa stage and permanent Partner Visa stage. You must lodge the temporary Partner Visa (subclass 820) application before your 300 visa expires.
Onshore Partner Visa
Which Partner Visa Subclasses Included As Onshore Partner Visa
Onshore partner visa consist of two partner visa subclasses; Subclass 820 which is a temporary partner visa and Subclass 801 which is a permanent partner visa.
To be eligible to apply for subclass 820 or subclass 801 partner visa, the applicant must be in either de-facto, registered or marriage bound relationship with an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
What Is a De-facto Relationship?
A de-facto relationship can be between a straight or gay couple. Your relationship is considered to be a de-facto relationship if all of the following conditions apply:
- you are not legally married to each other
- you are committed to a shared life to the exclusion of all others
- your relationship is genuine and continuing
- you live together or do not live separately and apart on a permanent basis
- you are not related by family.
Benefits as a Temporary Partner Visa holder
Once you are eligible to obtain subclass 820 partner visa, you are eligible to enjoy benefits similar to an Australian citizen such as:
- Stay in Australia independently until they get their permanent partner visa
- Study in Australia
- Enrol themselves in Australia’s Medicare scheme
- Travel in and out of Australia frequently
Benefits as a Permanent Partner Visa holder
Once you are eligible to obtain subclass 801 partner visa, you are eligible to enjoy benefits such as:
- Stay in Australia independently
- Study and also work in Australia
- Eligible to receive social security payment
- Can apply for Australian citizenship if you are deemed eligible
- Can even sponsor relatives for permanent residency in Australia
Please note that as an applicant for onshore partner visa, you are allowed to travel to and from Australia for five years, after the five years end, you need either a resident return visa or apply for another visa to another visa programme to return to Australia
Learn more about the differences between subclass 820 and subclass 801 visa
We’ve created an extensive guide about onshore partner visa below, Whether you are planning to apply for temporary partner visa or aiming for permanent partner visa we recommend you to familiarise yourself with the requirements and criteria you need to meet to be eligible to obtain these visas. Click the more details button to learn more about the details of each onshore partner visa Australia below:
Onshore (Apply in Australia)
Temporary Partner Visa Subclass 820
Partner visa subclass 820 allows the de facto partner or the spouse of an Australian Citizen, Permanent Resident, or New Zealand Citizen to live in Australia Temporarily. This temporary partner visa is the first stage before moving forward to the Permanent Partner Visa.
Subclass 820 Visa Key Information for 2024
- You must be married or in a de facto relationship with an Australian Citizen, permanent resident, or a New Zealand citizen.
- You must be able to show a marriage certificate if your relationship is based on marriage.
- You must be able to show that you have been living together for 12 months or more if your relationship is based on de facto.
- You must be in Australia when applying for this visa and by the time of decision.
- You must hold a temporary visa before applying for this visa.
- Partner visa 820 allows the holder to stay in Australia temporarily while immigration processes their permanent Partner visa (subclass 801) application or it is withdrawn.
- Subclass 820 visa costs on average AUD8,850 for main applicants.
- 90% of partner visa subclass 820 applications take around 34 months to be finished.
Onshore (Apply in Australia)
Permanent Partner Visa Subclass 801
This visa allows the de facto partner or the spouse of an Australian Citizen, Permanent Resident, or New Zealand Citizen to live in Australia permanently.
Subclass 801 Visa Key Information for 2024
- The applicant must hold the temporary partner visa subclass 820 when applying for this visa.
- The applicant must continue to be in a marriage or de facto relationship with their Australian partner.
- Partner visa 801 allows the holder to stay in Australia permanently.
- Subclass 801 visa costs are combined from the temporary (subclass 820) and permanent partner visa application.
- 90% of partner visa 801 applications takes around 26 months before granted.
Offshore Partner Visa
Introduction to Offshore Partner Visa
Offshore Partner Visa allows the applicant to be able to apply for Australian partner visa even if they are currently residing outside Australia with one important caveat; the applicant is either in a de-facto relationship or married to an Australian citizen, an Australian permanent residency holder or an eligible citizen of New Zealand.
Which Australian Partner Visa subclass included in Offshore Partner Visa
There are two subclasses categorised into Offshore Partner Visa which are Subclass 309 and Subclass 100. Subclass 309 is a temporary offshore partner visa while subclass 100 is a permanent offshore partner visa.
Benefits of obtaining Partner Visa Subclass 309
Once you are eligible to obtain temporary partner visa subclass 309, you are eligible to enjoy benefits similar to an Australian citizen such as:
- Enter and live in Australia until the decision on their permanent partner visa is made
- Work in Australia
- Study Australia
- Enrol themselves in Australia’s health care program
- Travel to and fro from Australia freely
Benefits of obtaining Partner Visa Subclass 100
As a holder of partner visa subclass 100 you are allowed to:
- Live in Australia
- Study and work in Australia
- If eligible, they can also apply for Australian citizenship
- Sponsor relatives for permanent resident visa in Australia
Just like onshore partner visa holders, eligible applicants for offshore partner visa are allowed to travel to and from Australia for five years and need either a resident return visa or applying for another visa program to return to Australia after the five years period has passed.
Learn more about the Australian offshore visa – subclass 100 and subclass 309
To ensure our reader gets the most up-to-date information related to Australian partner migration, we’ve written an in-depth explanation about everything you need to know about Australian partner visa subclass 100 and subclass 309 before you started your application process. Click the more details button to learn more about the details of each offshore partner visa Australia below:
Offshore (Apply overseas)
Subclass 309 Partner (Provisional) Visa
309 visa allows the de facto partner or the spouse of an Australian Citizen, Permanent Resident, or New Zealand Citizen to live in Australia permanently.
Subclass 309 Visa Key Information for 2024
- You must be married or in a de facto relationship with an Australian Citizen, permanent resident, or a New Zealand citizen.
- You must be able to show a marriage certificate if your relationship is based on marriage.
- You must be able to show that you have been living together for 12 months or more if your relationship is based on de facto
- The applicant must lodge the application from outside of Australia.
- The applicant must continue to be in a marriage or de facto relationship with their Australian partner.
- Subclass 309 visa holders are allowed to stay in Australia temporarily until immigration decides their permanent Partner (Migrant) visa (subclass 100) application or the application is withdrawn.
- Subclass 309 visa application cost from AUD8,850.
- Most of the time, 309 visa application processing time takes up to 29 months.
Offshore (Apply overseas)
Subclass 100 Partner (Migrant) Visa
Subclass 100 visa allows the de facto partner or the spouse of an Australian Citizen, Permanent Resident, or New Zealand Citizen to live in Australia permanently.
Subclass 100 Visa Key Information for 2024
- The applicant must hold the temporary partner visa subclass 309 when applying for this visa.
- The applicant must continue to be in a marriage or de facto relationship with their Australian partner.
- Subclass 100 visa holders are allowed to stay in Australia permanently.
- Processing time for 90% of partner visa subclass 100 applications is 29 months.
Prospective Marriage Visa (Subclass 300 Visa)
Prospective Marriage visa or usually known as subclass 300 visa allows the fiancé or fiancée of an Australian Citizen or a Permanent Resident or eligible New Zealand citizen to come and live in Australia for 9 – 15 months and get married with their partner before applying for a Partner Visa.
Benefits of Holding a Visa 300
Visa 300 also offers you several benefits, such as:
- Enter and live in Australia for up to 15 months
- Get married legally to your partner within the 15 months period
- Work in Australia
- Study Australia
- Travel to and from Australia freely during the validity period of the visa
General Steps from 300 Visa to Partner Visa
Unlike the other Partner Visa subclasses that only consist of 2 stages, for the 300 Visa, you must pass 3 stages to get your permanent residency:
- Step 1 – 300 visa, Marriage and Marriage Registration
On the first step, you must apply and be granted a 300 Visa. After the visa is granted, you must travel to Australia and arrange your marriage with your fiancé/fiancée.Pay attention to the stay validity of your 300 Visa. You must hold and register your marriage before the validity period ends.
- Step 2 – 820 visa application
After you register your marriage and get your marriage certificate, you can continue to 820 Visa application. Note also that you must lodge the 820 visa application before your visa 300 expires. - Step 3 – 801 Visa application
After you get your 820 visa, the process will be similar to the normal onshore Partner Visa application. You can submit your 801 Visa application 2 years after lodging your 820 Visa application.
Prospective Marriage Visa Requirements For Applicant
- To be able to marry for visa Australia you must be sponsored by your prospective spouse and the sponsorship must be approved;
- To be able to marry for visa Australia you should meet the health and character requirement;
- To be able to marry for a visa Australia you must be 18 years old or older.
Prospective Marriage Visa Requirements For Sponsor
- Be an Australian citizen, permanent resident or eligible NBe an Australian citizen, permanent resident or eligible New Zealand citizen;
- Limitation on Sponsorship:
- Not to have previously sponsored more than one person on a Partner visa or Prospective Marriage visa.
- Not to have sponsored another person on a Partner visa or Prospective Marriage visa in the last 5 years.
- Not granted a Partner visa or Prospective Marriage visa that the sponsor applied for less than 5 years ago.
- Not to have a conviction for a relevant offence
Relationship Criteria For Subclass 300 Visa
- Intend to get married within the nine months of the grant of the visa
- Both the applicant and sponsor are free to marry
- Have met in person and are personally known to each other
- Genuinely intend to live together as a married couple
Other Key Information Regarding Prospective Marriage Visa
- The Applicant has to be engaged with their Australian Citizen or Permanent Resident partner.
- Intend to get married within 9 months of the grant date of the subclass 300 visa.
- Genuinely intend to live together as a married couple.
- This visa must be applied from outside Australia and the applicant must be outside Australia at the time of decision.
- Most of the time, 300 visa application processing time takes up to 35 months.
- Subclass 300 visa application cost from AUD8,850.
- 90% of 300 visa applications took 35 months to complete.
Learn more about the Prospective Marriage Visa / Subclass 300 Visa
To ensure our reader gets the most up-to-date information related to Australian partner migration, we’ve written an in-depth explanation about everything you need to know about Australian prospective marriage visa before you start your application process. Click the button below to access our extensives guide about prospective marriage visa.
Partner Visa Cost as of 2024
The Partner Visa cost changes regularly in July every year (every opening of the Australian financial year). See the full updated Partner Visa Cost below.
Australian Partner Visa Overstay
If you face a more complex situation, for example you overstay your Australian visa before lodging the Partner Visa application, the below guidelines will help you.
I overstayed my substantive visa, I want to clear my immigration status and live legally in Australia with my partner
You may make a mistake before by overstaying your visa. Don’t worry, you still have a chance to make things right and legally stay in Australia with your partner.
The chances would depend on how long you have overstayed your visa:
1. If you overstay the visa less than 28 days
If you overstay your Australian visa for less than 28 days and have an Australian partner, you may be allowed to apply for an Australian partner visa to stay legally in Australia. However, you must show proof of your eligibility for an Australian partner visa. It is preferable to seek legal counsel from a registered migration agent.
2. If you overstay the visa more than 28 days
If you overstay your visa for more than 28 days, your condition will worsen. When you apply for another Australian visa, you will be subject to an exclusion period. It means that your next visa application will be denied for at least three years. Even if you left Australia voluntarily, the situation applies.
In addition, you will be subject to Schedule 3 Criteria when you lodge your Partner Visa application in Australia.
I got my Partner Visa Application Refused, what should I do?
Don’t worry, the refusal doesn’t mean the end of your journey.
Depending on the reason for the refusal, you might still be entitled to a decision review application.
It means you can submit a review to the Tribunal.
It is best to seek legal advice from a registered migration agent.
Australian Partner Visa Application Process
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Australian Partner Visa Frequently Asked Questions
It is difficult to judge as every Australia partner visa application is judged on its own merits. In the past the rate was around 50% granted for every Australia partner visa but the best chance you will get for the partnership visa Australia will be engaging the services of a registered migration agent. The road to permanent residence through partner visa Australia is a long complicated process that could involve 3 different visas if you take a pathway from the PMV subclass 300 to the spouse visa Australia.
Yes even though it is at times referred to as the spouse visa Australia, it is the partnership visa Australia meaning that as long as you meet the requirements to be considered in a de facto relationship that you may apply for a partnership visa Australia. If you can not meet the requirements for being in a de facto relationship then there is also the prospective marriage visa subclass 300 which is a partnership visa Australia for engaged couples that is a pathway towards a spouse visa Australia.
As the partner visa Australia has different subclasses and streams there are several different pathways with different requirements depending on your circumstances. For the partnership visa Australia there are the onshore and offshore 2 step processes that are for de facto or spouse visa Australia.
For offshore it is the temporary subclass 309 which leads into permanent subclass 100 and for onshore it is the temporary subclass 820 into the permanent subclass 801. If you do not meet the requirements of the de facto or spouse visa Australia then you should apply for the Prospective marriage subclass 300.
The visa partner Australia generally has a cost of $7,850 AUD for the 2 step process whether onshore or offshore. If you start this pathway from the Prospective marriage visa subclass 300 then it is an additional charge of $1,660.
For the visa partner Australia if you are going through the offshore pathway then once you are granted the initial subclass 309 then you may travel to Australia while you wait for the permanent Australia partner visa subclass 100.
Both stages of the partnership visa Australia may take between 17-20 months, so in total it can take about 3 to 4 and a half years to get PR from visa partner Australia. It depends on each person’s circumstances when applying for the partnership visa Australia.
If you don’t fill the information correctly, the processing time might be longer. It may be as well that you started at the prospective marriage visa before the spouse visa Australia, in which case it will take longer to get your PR from partnership visa Australia.
You need to notify the Department that you are no longer in a relationship with your partner while on or applying for a partnership visa Australia. As an applicant of a partnership visa Australia, usually, you will have 28 days to comment and provide additional information as to why your de facto or spouse visa Australia should be granted.
If you are the sponsor and would like to no longer want to sponsor your partner for the visa partner Australia, you need to write the letter to the Department stating that you don’t want to sponsor your partner and would like to withdraw the application for the visa partner Australia.
The permanent de facto or spouse visa Australia, the subclass 100, generally will take 2 years from the time of the application of the first stage subclass 309, however you may apply directly for the de facto or spouse visa Australia
Ready to start your Partner Visa application?
Partner visa subclass 820 allows the de facto partner or the spouse of an Australian Citizen, Permanent Resident, or New Zealand Citizen to live in Australia Temporarily. This temporary partner visa is the first stage before moving forward to the Permanent Partner Visa.
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Temporary Partner Visa
