This visa allows individuals in a married or committed relationship, whether with someone of the same or different sex, to live in Australia with their partner. If you’re in a real and serious relationship with someone who isn’t Australian, and you’re an Australian citizen, a permanent resident, or a New Zealand citizen eligible under Australian rules, there are various options for you and your partner under this visa program.
Our team of experienced Migration Lawyers and Agents in Melbourne specialize in Australian partner and de facto visas. We can professionally, quickly, and affordably assess if you qualify for a partner visa. We’ve successfully helped many clients prepare applications that meet the Department of Home Affairs’ standards.”
Overview of Australian Partner Visas
Option 1: Onshore Partner Visas (Subclass 820 and 801)
- Applicable for those already in Australia.
- Suitable for individuals who are married or in a de facto relationship with an Australian citizen, a permanent resident, or an eligible New Zealand citizen.
- This option involves first applying for a Temporary Partner Visa (Subclass 820), followed by the opportunity to secure a Permanent Visa (Subclass 801).
Option 2: Offshore Partner Visas (Subclass 309 and 100)
- Intended for applicants outside Australia.
- Designed for spouses or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens.
- Applicants can apply for a Partner (Provisional) Visa (Subclass 309) and subsequently for a Permanent Visa (Subclass 100), especially if planning to get married before the visa decision.
Option 3: Prospective Marriage Visa (Subclass 300)
- Tailored for individuals outside Australia, intending to enter the country to marry an Australian citizen, permanent resident, or eligible New Zealand citizen.
- This visa is a pathway for couples to unite in Australia and subsequently apply for a spouse visa.
Processing Times
- The time taken to process these visas varies, depending on several factors such as the specific circumstances of each application, the completeness and accuracy of the provided documents, and the current demand and capacity of the immigration authorities.
Each of these visa categories has distinct requirements and processes. It is recommended to consult with immigration experts for detailed advice and to ensure compliance with all the necessary criteria and procedures for a successful application.
PARTNER VISA APPLICATION COSTS IN AUSTRALIA
If you want to move to Australia as the partner of an Australian citizen, permanent resident, or a qualified New Zealander, and you’re currently outside Australia, you can apply for one of these visas:
- Fiancé(e) – subclass 300 (Prospective Marriage)
- Partner – subclass 309 (Provisional Partner Visa)
This applies to married couples and de facto partners, including same-sex couples. You might also get a subclass 100 (Migrant Partner Visa) later, but you don’t need to apply separately for this; it’s decided by the officer handling your case.
Remember, you must be outside Australia when you apply for and receive either the Provisional Partner or Prospective Marriage visa. However, for the Migrant Partner visa, you can be in or outside Australia when it’s granted.
Be careful with your visa application:
- Avoid false information: If your application has fake or misleading details, or documents obtained dishonestly, it can be rejected. This rule applies to information you, a family member, or anyone representing you provides. You and your family might then be banned from entering Australia for three years, which affects all visa types, both temporary and permanent.
- Report fraud: There’s a service for reporting immigration fraud, like staying in Australia without a valid visa, working illegally, or using false documents in visa applications.
Processing times
- The usual processing time for Prospective Marriage and Partner visas is under 12 months, but it might take longer if there are many applications. Currently, it takes about 10-14 months. Apply early, before you plan to move.
- Visiting your partner: While waiting for your visa, you can apply for a Visitor visa to visit your partner in Australia. But there’s no guarantee it will be approved, as each application is reviewed individually.
- Don’t rush: Don’t make travel plans or big life changes (like selling your house, quitting your job, or planning a wedding) until you have the visa.
Important update
- The new sponsored family visa rules started on 17 April 2019, but they don’t affect Partner visas. So, the current process for Partner visas stays the same. There’s no set date when these new rules will apply to other family visas.
