A partner visa is designed to permit the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to stay together in Australia. This visa also allows same-sex couples to live together within the country. The pre-requirements for the partner visa under any stream are:
- The applicant and their Australian spouse or partner must be committed to sharing their lives like husband and wife. However, they need not be legally married.
- Their relationship needs to be genuine and enduring.
- The applicant and their Australian partner or spouse live together permanently.
- If not married, the applicant and their Australian partner should be in a relationship for at least 12 months. The applicant will have to demonstrate that they have lived with their partner during this period.
- Both parties, the applicant and the Australian partner, must be 18 years and above.
De-facto partners for partner visa processing are people who are:
- Not married
- Committed to each other for a shared life (to the exclusion of all others)
- Not related by family
- Live together or do not live or intend to live separately permanently
The Australian visa system has various types of partner and spouse visas. Individuals can apply for a visa depending on their requirement and the criteria that they fulfil. Those who want to sponsor their partners to Australia must know about the various types of partner visas available.
- Prospective Marriage Visa (Subclass 300)
- Partner (Provisional) Visa Offshore (Subclass 309)
- Partner Visa (Subclass 100)
- Partner Visa Onshore (Subclass 820/801)
The candidate can apply for a partner visa in two stages. The first stage involves the candidate applying for a Temporary Partner visa. In the second stage, the candidate can fulfil the necessary forms and apply for a Permanent Partner Visa. Both these visas allow the applicant to work, study, and enjoy healthcare benefits.
The applicant of a partner visa needs to go through multiple stages to secure a partner visa in the country. At first, the applicant has to apply for a provisional partner visa. Offshore applicants can apply through subclass 309, and onshore applicants apply through subclass 820. On fulfilling a provisional partner visa requirements, the applicant is granted a minimum stay period in the country. Their application is then assessed again to check if it fulfils the requirements of a permanent partner visa. A permanent partner visa includes a subclass 100 visa for the subclass 309 visa holder and a subclass 801 visa for those holding a subclass 820 visa.
Subclass 100 – Partner (Migrant) Visa
This visa category is structured for spouses/de-facto partners or prospective partners of Australian citizens/permanent residents and eligible New Zealand citizens residing permanently in Australia. If an applicant has secured an offshore partner visa (temporary visa), they can apply for a permanent partner visa under subclass 100. Hence, the partner (migrant) visa is a permanent partner visa, serving as the final stage for applicants applying under the offshore application program. In the case of a de-facto relationship, there’s a need for submitting adequate evidence (documented and non-documented) to secure a visa successfully as there’s no legal document to support the relationship.
Subclass 300 – Prospective Marriage Visa
The prospective marriage visa or Subclass 300 allows the applicant individual to visit the country to marry their future partner who is an Australian citizen or permanent resident or an eligible New Zealand citizen. This is an offshore visa that allows the applicant to live in the country for up to nine months. Suppose the applicant wants to stay in the country with the spouse. In that case, there’s a need to apply for another partner visa category before the expiry date of the prospective marriage visa (Australia).
Subclass 309 – Partner (Provisional) Visa
This visa program is a temporary visa, permitting the de-facto partner or spouse of an eligible Australian citizen, permanent resident, or New Zealand citizen to stay within Australia. This visa is designed to allow temporary stay in the country while the applicant’s subclass 100 Permanent Partner (Migrant) Visa is in process. Hence, the first step to securing permanent access (as a partner) to the country is to gain a subclass 309 Partner (Provisional) Visa. The applicant for the subclass 309 Partner Provisional Visa must ensure that they haven’t previously been rejected or refused any other visa by the Department of Home Affairs (DHA).
Subclass 801 – Partner Visa
The subclass 801 Partner Visa is structured for applicants who intend to stay permanently in the country with their partners. A permanent visa holder has almost all the rights and benefits a citizen in the country has. However, there are certain minor exceptions. The subclass 801 visa is designed for applicants who want to permanently come to Australia as a spouse or de-facto partner of an eligible citizen or permanent resident or an eligible New Zealand citizen. The applicant needs to have a sponsor (Australian citizen, permanent resident, or an eligible New Zealand citizen) to undertake the financial obligation for their stay in Australia.
Subclass 820 – Partner Visa
The subclass 820 visa is also known as the Temporary Partner Visa (Australia). This visa stream is structured to permit the de-facto partner or spouse of an eligible Australian citizen or permanent resident or New Zealand citizen to come and live with them in the country. The relationship between the applicant and the Australian citizen or permanent resident or New Zealand citizen must be genuine and consensual for the visa to be approved. This visa category marks the basics of a partner visa and allows you to apply for a permanent visa in future – subclass 801 (if eligible). This is an onshore visa category requiring the applicant of the subclass 820 visa to be present in the country while submitting the application form.
Why Choose Us?
If you want to know your eligibility for a spouse, partner, or fiancé visa, speak to our partner visa migration agent. Southern Stone helps applicants fill application form accurately, offers round the clock email support, and provides a dedicated immigration agent for each application. You can expect complete support and assistance from our partner visa consultant right from the start to the end of the process. At Southern Stone, we know the importance of living with your partner.
Securing a spouse visa involves a complicated and lengthy procedure. To minimise the time for processing a visa application, you must fill the visa application form accurately and submit all the required evidence. Also, fulfilling all conditions for the particular type of visa you are applying ensures a quick transition to the next step without going back to reassess specific requirements. We can also help you in training visa, skilled independent visa, subclass 190, employer sponsored visa and more.
Our migration agency in Melbourne offers partner visa advice to help you and your partner achieve the dream of living together in Australia. To book an appointment, call us on 1300 188 999 or fill our contact us form, and we will connect with you soon.
The Prospective Marriage Visa, also known as a fiancé visa, is a temporary visa that allows applicants to come to Australia to marry an Australian citizen, permanent resident, or an eligible New Zealand citizen. This offshore visa permits the applicant to stay in Australia for up to 9 months. Once married, the candidates must apply for a partner visa before their prospective marriage visa expires to live in the country for more than nine months. There are various partner visas available, and depending on your case’s criteria, you may apply for a Permanent Partner Visa.
The prospective marriage visa has a processing time of 12 and 16 months for about 75-90% of applications lodged. However, this is an approximate time frame that may change periodically. The exact processing time for any application depends on case to case, meaning your individual circumstances, like how fast you respond to a request or provide the required documents and fill in the form correctly, will determine the processing time for your application. For example, you may expect a delay in receiving an answer if the Immigration doubts your intention to live with your spouse in the country after marriage. In such circumstances, the authorities will require additional time for further investigations.
To be eligible for a prospective marriage visa, the candidate must not have a history of cancelled or refused visa applications. When applying for this visa, the candidate must be outside Australia and have a sponsor. It is essential for the candidate to be of the right age, i.e. 18 years or above. They must meet all relationship requirements, mainly the requirement of having a prospective spouse who is an Australian citizen, Australian Permanent Resident, or eligible New Zealand citizen. The candidate must meet all health requirements and character requirements too. The candidate must have no debt to the Australian Government. Moreover, the visa might not be granted if it isn’t in the child’s best interest.
The prospective marriage visa costs about AUD8,085 for the principal applicant. However, there is a fee for every family member applying for the visa along with the principal applicant. The Department will not process the application if the correct visa application fee isn’t paid. In addition, candidates may have to pay for health checks, police certificates and biometrics. In most cases, candidates will apply for Subclass 820/801 Partner Visa after securing the Prospective Marriage Visa. Candidates may have to pay less for this visa if they marry their prospective spouse and apply for the Subclass 820/801 visa before the Prospective Marriage Visa expires.