Australian Partner Visa
Partner Visa
You may qualify for a partner visa if you are engaged, married, or in a de facto relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
Partner Visa Options
The most appropriate partner visa option for your situation will depend on the nature of your relationship (eg. de facto, engaged, married), the length of your relationship, and your location at time of application.
1. Fiancé (Prospective Marriage) Visa (Subclass 300)
It is possible to make an application on the basis of your intention to get married.
This visa allows entry to Australia with full work rights. It is a temporary visa granted for 9 to 15 months during which time you are expected to be married in order to then submit the onshore 820/801 visa.2. Partner Visa (Subclass 820/801 or 309/100)
You may also be able to obtain a partner visa if you can evidence one of the following relationships:- Marriage
- De facto relationship for a period of least 12 months
- Formal registration of your de facto relationship
3. Partners of New Zealand Citizens living in Australia
As the partner of a New Zealand Citizen living in Australia, you may be eligible to apply for a temporary 5-year partner visa.
Partner Applications Work in Stages
The partner application is generally a two-stage process for permanent residency:
- Temporary Partner generally granted first
- Two (2) years after lodgement, the Department of Home Affairs can consider Permanent Partner visa.
You may be eligible for the Permanent Partner visa without waiting for the Temporary Partner visa to be granted. This would apply if you have been in a committed and exclusive relationship for at least three years or have been in the relationship for at least two years and have dependent children, together, at time of application.
Link to processing times can be found here.
The staged process is the Department of Home Affairs way of safeguarding against people who are not in a genuine relationship.
Relationship Requirements
All partner applications are judged on the genuineness of the relationship and applicants are required to prove that they are in a long term, committed relationship with their sponsor. This is done by providing documentation showing that they have shared life and a commitment to each other, covering the four areas of assessment:
- Financial aspects of the relationship
- A shared household
- Social aspects
- Nature of the commitment
Prospective Marriage visa applicants are not expected to show evidence of a shared household however any documentation they have in this regard would strengthen the application.
Things to Consider Before Applying for a Partner Visa
1. The visa process can strain your relationship
With the volume and nature of the documentation required, along with a large government application fee, the process for applying for a partner visa may put a lot of added pressure on some couples. It is therefore important to get the application correct the first time alleviating unnecessary delays that may result in longer periods of separation.2. It is harder than you think to prove your relationship on paper
While it may be easy to convince your family and friends that you are in a relationship, are you aware of the difference between girlfriend/boyfriend and being in a de-facto spouse relationship?
Have you ever thought about what your relationship looks like on paper? Can you both recall the exact date you met? What if your parents don’t approve of your partner? What if one of your friends isn’t convinced? The reality is that all these questions are highly relevant to the Department of Home Affairs when it comes to assessing a couple’s relationship on paper for a partner visa. When applying for a Partner Visa, it is up to the applicant to present their application clearly and precisely so that the decision maker has a full understanding of the relationship. A partner visa application is similar to a jigsaw puzzle, you need to present your application in a finished state rather than leaving pieces out of the puzzle that would result in an incomplete or flawed application.3. It is the most used visa with the highest refusal rate
Partner visa applications are the most used category of visa. They attract a very high refusal rate and come with a high government fee. We recommend that you are fully prepared and submit the best possible application. The true test of your love is not in sickness and health but whether a Delegate of the Minister is convinced of your relationship by the evidence before them. The Department will conduct comprehensive searches to cross-check your information and you may be requested to explain the reason for any inconsistencies. However, the Department is not obliged to make any requests and may simply refuse your application.Understanding how to navigate through these requirements may seem straight forward but it can be in these situations where a carefully prepared application can fall apart, particularly for example where convictions expunged from records, are not, or have never been, declared to the Department.
Would you like to know more about your prospects for a visa?
Eligibility is the most important step in determining whether a person may meet the legal criteria for a visa application, and one consultation could save you money.
Want to live with your partner in Australia? – Enquiry for Partner Visa
More information about the Visa for partners & children
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Frequently Asked Questions
Am I eligible to apply for a partner visa to Australia?
To be eligible for a Partner Visa you must be married to, or in a de facto (common law) relationship, with an Australian citizen or permanent resident.
Which Partner Visa should I apply for?
It will depend on the type of relationship you have and where the main applicant is when he/she applies for a Partner visa.
Should I apply onshore or offshore? What’s the difference?
Applicants in Australia may apply for an onshore partner visa (820/801) and applicants outside of Australia will need to apply for an offshore partner visa (309/100).
However, there might be certain visa conditions attached to the current visa/s for the applicants in Australia, which may prevent you from applying onshore.
How long will it take to process my Partner Visa application?
The processing times vary and the published times on the Department of Home Affair’s website are not necessarily accurate.
What if the sponsor has sponsored someone to Australia before?
You may not be able to sponsor your partner if you have previously sponsored two other partners for migration to Australia or have sponsored another partner within the last 5 years or were sponsored as a partner yourself within the last 5 years.
You may still be permitted to sponsor your partner in compelling circumstances, for example, if your previous partner died or abandoned the relationship, and you have young children, or you have been with your current partner longer than two years, or you or your partner have dependent children. A decision on whether to waive the sponsorship limitations can only be made once an application has been lodged. It cannot be decided in advance of lodgement.
Is there a minimum time to sponsor my second partner?
You can only sponsor a second partner after five (5) years from the lodgement date of the previous application.
What is Scheduled 3?
Schedule 3 criteria is additional requirements applicable to unlawful non-citizens and certain bridging visa holders, who wish to lodge their visa application in Australia.
Can I include dependents from my previous marriage on my visa application?
Yes, if the dependents meet the criteria for secondary visa applicant/s.
Do age gaps matter in partner visa applications?
It is all about showing that you are in a genuine, committed relationship.
Are Partner visas prioritised by the Department of Home Affairs?
Applications for family stream visas were prioritised during the Covid-19 pandemic when our international borders were closed and now the priority is skilled migration.
Do I have to be married?
Australian migration law does NOT require an applicant for a partner vis to be married to their Australian sponsor.
However, they are required to present evidence to verify that their relationship is genuine and continuing.
For de facto partners, a relationship needs to be established for at least 12 months before an applicant is eligible for the partner visa application unless you have registered your relationship.
Is it easier to get a Partner Visa if I marry or get pregnant?
The essence of a partner visa is to show evidence of your genuine and continuing relationship with your partner/spouse.
Marriage is a form of commitment evidence, but marriage alone does not provide evidence of a genuine relationship. More relationship evidence will need to be provided with your application. Applicants involving pregnancy or children of the relationship does not provide priority processing.
Is it possible to apply for a partner visa application without living together?
Applicants for a partner visa should intend to live with their partner on a permanent basis. If you are applying for a Prospective Marriage visa (Subclass 300), you are not required to live together
Can a migration agent expedite my Partner Visa application?
No, the Department processes applications in the order of date of lodgement. A Registered Migration Agent can assist with presenting a decision ready application that assists with the efficient processing of a visa.
When do I obtain a Bridging Visa?
When you apply for a Subclass 820 visa, you will be granted a bridging visa. The bridging visa will only come into effect when your current substantive visa expires. This will allow you to remain living and working in Australia lawfully while your Subclass 820 visa is processed.
What are the major reasons for a Partner Visa Refusal?
The major reason for a partner visa refusal would be that the Department is NOT satisfied that you are in a genuine relationship with your partner. There may also be other factors that lead to a visa refusal, such as your and/or your partners and dependents’ health/character issues.
What happens if my Partner Visa is refused?
If your partner visa is refused, you may be able to lodge an application to appeal the refusal decision with the Administrative Appeals Tribunal (AAT). This must be done within a specific time frame after receiving the refusal.
What if there are complications to the relationship during the two years provisional period?
Complications, unfortunately, happen during some of the partner visa application process.
It is one of the sponsor’s and applicant’s obligations to ‘report changes in their circumstances’.
The Department of Home Affairs requests the sponsor and the applicant to notify them immediately if the relationship breaks down or if the sponsor wishes to withdraw the sponsorship.
Can I work on a partner visa in Australia?
Yes, partner visa holders have full work rights in Australia.
Partner Visa Success Story
This couple met as flight attendants in the UAE. After getting married 2020, they started their journey to moving to Australia. With the help of Migration Downunder they each successfully obtained their Partner Visa subclass 820.