Partner Visas
Types of visas:
- Prospective Marriage – People intending to get married (fiancé) by bringing your fiancé for the purpose of marriage
- Married partners (including same sex partners), or
- De-facto partners (including same sex partners)
Subclasses of the visa:
- Prospective Marriage visa (Subclass 300)
- Partner visa – onshore (Subclass 820 and 801)
- Partner visa – offshore (Subclass 309 and 100)
The type of visa a person should apply for depends on the type of relationship. The applicants must:
- Have a mutual commitment to a shared life together, to the exclusion of all others
- Have a genuine and continuing relationship
- Live together or not live separately and apart on a permanent basis
Prospective Marriage visa
Prospective Marriage visa applicants are granted temporary visa with 9 months validity to marry the fiancé either in or outside Australia. After marriage, the applicant can apply for the Partner visa process for permanent stay in Australia. This visa does not apply to same sex couples.
Advantages of Prospective Marriage visa:
- Enter Australia before marriage
- Travel to and from Australia
- Work and study in Australia
Partner visas
Partner visas are granted in a two-stage process with a provisional visa being granted initially and the permanent visa being considered 2 years after the initial application. However, the applicant is required to submit one application form and pay visa application charge once only.
Applications can be made while the applicant is in Australia (Subclass 820 & 801) or from overseas when the applicant is overseas at the time of application (Subclass 309 & 100).
Applicants must show evidence supporting the existence of relationship with their partner.
Dependent family members can be included in the main applicant’s Partner visa application depending on the location of the applicant and family member at the time of application and whether the visa applicant has been granted the provisional Partner visa (the first stage).
The key requirements:
- Be sponsored by a person (fiancé, partner, or in some circumstances, a parent or guardian of 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.
- Meet health and character criteria.
- Married visa applicants must also show that their marriage is valid under Australian law.
- De-facto visa applicants must show that they are not related by family, and that their relationship has existed for at least 12 months immediately before lodging the application unless the applicant establishes compelling and compassionate circumstances for the grant of the visa.
- Not have had a partner visa refused since they last entered Australia.
- Not have had a visa refused or cancelled on character grounds
Benefits of Provisional Partner Visa
- Remain in Australia until your permanent Partner visa is granted
- Work and study in Australia
- Enrol in Medicare
Benefits of Permanent Partner visa
- Stay in Australia indefinitely
- Work and study in Australia
- Apply for Australian citizenship (when eligible)
- Sponsor eligible relatives for permanent residence
- Receive some social security payments