Australia Partner Visa Program
Under the Partner Visa Stream, individuals seeking residency in Australia can be sponsored by their spouse, de facto partner, or interdependent partner. The sponsor must be either an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen, and must be over 18 years of age. This sponsorship pathway facilitates family reunification and supports relationships where one partner wishes to join their significant other in Australia permanently.
Marriage Visa
Once granted, a temporary Partner Visa remains valid throughout the waiting period until a decision is reached on your permanent Partner Visa application. Upon approval of the permanent visa, you can reside permanently in Australia.
Prospective Marriage Visa
Applicants must submit applications for both temporary and permanent visas, undergoing assessment by relevant authorities. If eligibility criteria are met, a temporary Partner Visa may be issued, valid until the permanent visa is decided, typically after a two-year wait. Accelerated permanent visa eligibility is possible with evidence of a relationship spanning three years or more.
De facto Relationship Visa
Similar application procedures apply for de facto relationships. Temporary Partner Visas are issued pending assessment for a permanent Partner Visa, which may be expedited under specific circumstances, such as relationships exceeding two years with a dependent child or sponsorship by a partner with a humanitarian or protection visa.
Validity and Requirements
Applications can be lodged within or outside Australia, with conditions varying accordingly. Applicants must meet legal criteria, maintain eligibility throughout the waiting period, and cover visa costs, health examinations, and police checks where required.
Types of Partner Visas
Australian Immigration offers several partner visa options, including the Prospective Marriage Visa (Subclass 300), Partner Visa Offshore (Subclasses 309 and 100), and Partner Visa Onshore (Subclass 820/801), catering to different relationship circumstances and residency preferences.
Application Stages
The process involves obtaining a provisional Partner Visa (Subclass 820 or 309) followed by assessment for a permanent Partner Visa (Subclass 801 or 100) after a specified period, ensuring applicants meet ongoing relationship criteria.
Permanent Partner Visa Eligibility
Eligibility for a permanent visa without the usual waiting period can be achieved by demonstrating a relationship of three years or more. Alternatively, if the relationship has lasted two years with a dependent child, or if the sponsoring partner holds a permanent visa from Australia's humanitarian program or a protection visa, the waiting period may be waived.
Requirements for Partner Visas
- Applications can be made from within or outside Australia.
- Both applicant and sponsor must meet age and relationship requirements.
- Legal criteria must be continuously met throughout the visa process.
- Applicants must undergo health examinations and provide police checks.
- Costs associated with visa application and processing must be covered.
Partner Visa Categories
There are three main categories of partner visas in Australia:
- Prospective Marriage Visa (Subclass 300): Allows entry to marry an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Partner Visa Offshore (Subclasses 309 and 100): For applicants outside Australia who are in a relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Partner Visa Onshore (Subclass 820/801): For applicants within Australia who are in a de facto relationship or married to an Australian citizen, permanent resident, or eligible New Zealand citizen.
Partner Visa Processing
Processing times for partner visas vary, typically ranging from 16 to 24 months. Factors influencing processing times include completeness of documentation, responsiveness to requests for additional information, and background checks.
Conditions and Privileges
Successful applicants are granted temporary residency initially, with rights to work, study, and access Medicare. Permanent visa holders enjoy unrestricted residency in Australia, with further entitlements such as social security benefits and eligibility to sponsor family members for permanent residency.
Documentation for Partner Visas
Essential documents for partner visa applications include evidence of joint financial commitments, shared assets, and a genuine commitment to the relationship. Additional proofs like joint travel records, correspondence, and social media interactions may also be submitted to support the application.
Requirements to Obtain A Partner Visa In Australia
The Partner Visa Subclass 820 and 801 in Australia allow spouses or partners of Australian citizens, permanent residents, or eligible New Zealand citizens to reside indefinitely in Australia.
The Provisional Partner Visa Subclass 820 is for those new to the country, enabling them to stay while their permanent visa application is processed. However, eligibility criteria and documentation requirements are identical for both visas.
Eligibility Criteria For Partner Visa
- The applicant must be a spouse or partner of an Australian citizen, permanent resident, or eligible New Zealand citizen.
- They must meet the criteria for a de facto relationship visa.
- When applying for a permanent visa, the applicant must be living in Australia; for provisional or other partner visas, the applicant must be outside Australia.
Documents Required for Partner Visa Application
Below is a list of documents specific to applying for a partner visa in Australia:
- Joint bank accounts
- Jointly owned assets (e.g., real estate)
- Joint liabilities (e.g., mortgages)
- Joint undertakings (e.g., joint lease)
- Naming each other as beneficiaries in wills or insurance policies
- Bank statements, bills, invoices, receipts, etc.
- Letters, invitations
- Flight tickets or receipts showing joint holidays or travels
- Photos
- Emails/letters to each other
- Social media interactions
- Records of telephone conversations
While some documents are essential, others are recommended to strengthen the application.
Onshore Partner Visa in Australia
A person can apply for an onshore partner visa (Subclass 820 and 801) if they are in a de facto, registered, or marriage-bound relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
Once granted the onshore temporary partner visa, applicants can:
- Stay in Australia independently until receiving their permanent partner visa
- Study in Australia
- Enroll in Australia’s Medicare scheme
- Travel frequently to and from Australia
Upon obtaining the onshore permanent visa, applicants gain additional privileges:
- Independent stay in Australia
- Study and work in Australia
- Eligibility for social security payments
- Option to apply for Australian citizenship
- Sponsorship eligibility for relatives' permanent residency in Australia
Offshore Partner Visa In Australia
Offshore partner visas (Subclasses 309 and 100) or Prospective Spouse subclass 300 allow applicants residing outside Australia to apply for a partner visa if married or in a de facto relationship with an Australian permanent resident, citizen, or eligible New Zealand citizen.
Offshore Partner Visa Process
The temporary offshore visa permits:
- Entry and residence in Australia until a decision on the permanent partner visa is made
- Work and study rights in Australia
- Access to Australia’s healthcare program
- Freedom to travel to and from Australia
Upon receiving the permanent offshore partner visa, applicants gain:
- Permanent residence in Australia
- Study and work rights
- Option to apply for Australian citizenship if eligible
- Ability to sponsor relatives for permanent residency
