Partner Visa
What is Partner Visas?
If you are married or in a de facto relationship with an Australian citizen or permanent resident, you can join them in Australia with a Partner Visa.
Australian Partner Visas are divided into Onshore and Offshore visas, which differ based on where you are when you lodge the application – in Australia or outside. They are further divided into temporary and permanent visas, based on their duration.
Another type of Partner Visa, which does not fall into either category is the Prospective Marriage Visa, which many also refer to as a fiance visa.
Subclass 820/801
820 Partner Visa (Temporary)
801 Partner Visa (Permanently)
Subclass 309/100
309 Partner Visa (Temporary)
100 Partner Visa (Permanently)
Subclass 300
Prospective Marriage visa
What are the Partner Visa Requirements?
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Sponsorship
The applicant must be sponsored by an Australian citizen, a permanent resident of Australia or an eligible New Zealand citizen.
Identity
The applicant and sponsor must prove their identity, in most cases a passport, birth certificate and national identity card is sufficient.
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Health Assessment
The applicant must complete a health assessment, chest x-ray and HIV test to demonstrate they are not likely to incur excessive costs to the Australian taxpayer through the public health care system. Applicants who fail the health assessment can apply for a health waiver, which is mostly based on their financial capacity to mitigate costs.
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Character Test
The applicant and sponsor must show that they are of good character by providing police clearances for any country they have lived in for 12 months or more (cumulatively) within the past 10 years. Anyone with a substantial criminal record (usually a prison sentence of 12 months or more) will fail the character test unless there are mitigating reasons.
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Spousal or De Facto Relationship
The applicant and sponsor must either be legally married or in a de facto relationship:
Marriage
If applying based on marriage then the marriage must be accepted under Australian law, which applies to most marriages conducted in Australia (this includes same sex marriages). Overseas marriages are generally accepted if the marriage was legal in the country in which it was conducted, however there are exceptions (for example underage or polygamous marriages are not accepted).
De Facto
If applying based on a de facto relationship, then the applicant must have lived at the same property as the sponsor for at least 12 months. Alternatively, if the applicant and sponsor have not lived together for 12 months, they can register their relationship with the state government. It is also possible to apply on de facto grounds if there are compelling and compassionate circumstances.
Different Type of Partner Visas
Australian Immigration policy provides various types of partner visas and spouse visa that an applicant can apply for basis their requirement and the criteria they must be fulfilling to obtain one. So, in case anyone is willing to sponsor a partner to Australia, below are the 3 types of partner visa options they can explore:
CURRENTLY, THERE ARE 3 TYPES OF PARTNER VISAS AVAILABLE IN AUSTRALIA
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Prospective Marriage Visa (Subclass 300)
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Partner Visa Offshore (Subclasses 309 and 100)
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Partner Visa Onshore (Subclass 820/801)
STAGES
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Stage 1 : Temporary Partner visa
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Stage 2: Permanent Partner Visa
Both temporary and permanent partner visa allows work, study and you may eligible for Medicare.
Partner Visa (Temporary) 820
This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 801).
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This is a temporary visa
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This leads directly to the permanent Partner visa
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You must be in Australia when you apply
Partner Visa (Permanent) 801
This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia permanently. It is usually only for people who currently hold a temporary Partner visa (subclass 820).
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This a permanent visa
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You must hold a temporary Partner visa (subclass 820)
(Subclasses 309 And 100) Partner Visa (Apply Overseas):
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Allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.
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You apply for the temporary and the permanent partner visas together.
Partner (Provisional) Visa 309
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This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 100).
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It is a temporary visa
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It leads directly to the permanent Partner visa
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You must be outside Australia when you apply
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Stay Temporarily, until your permanent Partner (Migrant) visa (subclass 100) application is decided or the application is withdrawn
Partner (Migrant) Visa 100
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The visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, live in Australia permanently. It is usually granted to people who hold a temporary Partner visa (subclass 309).
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This a permanent visa
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You must hold a temporary Partner visa (subclass 309)
Who can be a sponsor?
The sponsor requirements are:
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The sponsor must be an Australian Permanent Resident, Australian citizen, or eligible New Zealand citizen
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The sponsor can only sponsor 2 spouses or De Facto partners in his/her lifetime, and can only sponsor 1 spouse or De Facto partner within 5 years unless in an exceptional circumstance
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The sponsor cannot hold a Spouse Visa sponsored by another person in the past 5 years
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The sponsor cannot be convicted of, or have had to pay a fine for hurting a child
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The sponsor needs to pass the character test
Subclass 820
Partner Visa
(Temporary)
Base application charge
AUD8,850
Additional applicant charge
(18 and over)
AUD4,430
Additional applicant charge (under 18)
AUD2,215
Subclass 390
Partner visa
(Temporary)
Base application charge
AUD8,850
Additional applicant charge
(18 and over)
AUD4,430
Additional applicant charge (under 18)
AUD2,215
Subclass 300
Prospective
Marriage visa
Base application charge
AUD8,850
Additional applicant charge
(18 and over)
AUD4,430
Additional applicant charge (under 18)
AUD2,215
How much does it cost to apply for '
Partner Visas?
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