Australian Partner Visas - Explained by Us
Every partner visa application is unique and sometimes it’s difficult to fit your relationship into a “box”
The Partner Visa process is complicated!
Partner visas are part of the Australian family stream of migration and encompass Prospective Marriage visas (Subclass 300), Provisional Spouse and De facto spouse visas as well as the Permanent Spouse and De facto spouse visas (subclass 801 and 100). Together they contribute to approximately a little under 25% of the total migration program for the 2020 financial year.
We put together this page help explain both the onshore and offshore partner visa process.
Our Guidance
The following list contains the types of applications that can be made as well as the process. If you are in a relationship with an Australian citizen or permanent resident, then you may be eligible for a partner/spouse visa. The type of visa depends on your circumstances, such as your location, your immigration status, your relationship status and whether or not you are intending to get married.
Book a Partner Visa Consultation
Would rather speak to a real person ASAP? Use the booking form on the right to schedule an appointment with David Pereira or Hamish Glenister. Both consultants have extensive experience in lodging partner visa applications as well as appealing refusals.
Partner Visa Options
The Subclass 820/801
When applying for this visa, you must be physically located within Australia and be able to demonstrate that you are in a genuine married or de facto relationship with an Australian Citizen or Permanent resident. If you are not married, you must prove that you are in a de facto relationship. The regulations specify that if your relationship is not registered, you must have been in that relationship for at least 12 months. Unfortunately, if you are in the State of Western Australia, you are unable to register your relationship for the purposes of a spouse visa.
If you have less than 12 months of evidence of living together, we recommend you book a consultation with one of our Migration lawyers in Perth to discuss your options as you may have compassionate and compelling reasons to waive this requirement.
To be eligible to make the application, it is important that you do not currently hold certain conditions on your current visa, such as condition 8503 .
Once the application is lodged, you are generally entitled to a bridging visa which allows you to remain in Australia until the visa is granted. This bridging visa can also allow you to work and study full time, however, this may not always be the case.
Two years after your application is lodged, the Department of Home Affairs will invite you to submit evidence to show you and your spouse are still in a relationship. Once these requirements are met, you will be granted permanent residence.
Subclass 309/100
The subclass 309/100 is the offshore spousal visa. With this application, the applicant must be offshore at time of application. For this visa to be granted, you must be able to prove that you are the de facto partner, married spouse or intended spouse of an Australian permanent resident or citizen.
Similar to the 820 visa, this is a two-stage visa. This means that you are entitled to the subclass 100 permanent visa only after two years has passed since lodging the initial application and you meet the subsequent criteria for the grant.
Subclass 300 Visa
The Prospective Marriage Visa. This visa is designed for those who are engaged to marry. This visa allows a prospective spouse to travel to Australia and remain in Australia for a period of 9 months from the date of grant. While the visa is in effect, it is a condition that the applicant must marry and lodge the 820/801 visa while onshore. I
If however, pursuant to Regulation 2.08E, the applicant has made a prospective spouse application and has married before the application has been decided, they will not be required to make a new partner visa application. It will be taken as having applied for the Partner offshore (Migrant) provisional visa.
The applicant will however be required to withdraw the application in writing otherwise it may be refused.
Note that the marriage must have taken place within the nine months of the grant of the Australian Prospective Marriage Visa (Fiancee visa), otherwise the applicant will be in breach of their visa condition
Looking for advice?
If you need assistance with a Partner Visa, please call 08 6558 1838 to speak with a qualified partner visa expert.
Alternatively, enter your contact details and one of our staff call you back ASAP.