Prospective Marriage (Offshore – 300) & Australian Partner Visas (Onshore – 820/801 , Offshore – 309/100)

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Australian Partner Visas (Subclass 300/820/801, 820/801 or 309/100 visas)

Australian Partner VisasIf you are engaged to, married to, or in a de facto relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen of same sex or opposite sex, you may be eligible for partner visas to live together with your spouse or partner in Australia as a permanent resident.

There are 3 most common pathways to become an Australian permanent resident through the partner visa program, depending on the location of partner visa applicant at the time of lodging partner visas application:

Australian Partner Visa Pathway 1 (Offshore ➠ Onshore)

Subclass 300 Prospective Marriage visa ➠ Subclass 820 Partner (Temporary) visa ➠ Subclass 801 Partner (Permanent) visa
This pathway is for applicant that is outside Australia and would like to enter Australia to apply for Subclass 820 Partner (Temporary) & Subclass 801 Partner (Permanent) visa. Subclass 300 Prospective Marriage visa has to apply from outside Australia and once granted, the Subclass 300 visa holder has to make first entry into Australia and marry the Australian partner within the 9-month validity period of the Subclass 300 visa before a combined application for Subclass 820/801 Partner visas can be made while in Australia. Both Subclass 820 & 801 Partner visas will be lodged at the same time, but it will be granted in 2 separate stages for relationship that is not a long-term partner relationship. The processing of Subclass 801 Partner (Permanent) visa will only commence after at least 2 years has passed since the date of Subclass 820/801 Partner visas application. This is to ensure only partner with genuine & committed relationship is eligible to become an Australian permanent resident.

Long-term partner relationship can be defined as a relationship that has continued for:

    • at least 2 years if there is a dependent of both the applicant and the Australian spouse/partner;
    • at least 3 years if without a child in the relationship.

Some of the advantages for this pathway are:

  • Partner visa applicant can live in Australia together with the Australian spouse while waiting for Subclass 820/801 visas to be processed.
  • While in Australia, partner visa applicant can usually work without restrictions in most circumstances.
  • While in Australia, partner visa applicant is eligile to enrol in Medicare, Australia’s health care scheme.

Australian Partner Visa Pathway 2 (Onshore)

Subclass 820 Partner (Temporary) visa ➠ Subclass 801 Partner (Permanent) visa
This pathway is for applicant that is already in Australia and holds a valid substantive visa to apply for a combined application for Subclass 820/801 Partner visas in Australia. Certain applicant in Australia without a valid substantive visa might be able to apply for Subclass 820/801 Partner visas. Contact us for more details. Below are detailed information for visas in Pathway 1 & Pathway 2:

Subclass 300: Prospective Marriage Visa

Subclass 300 Prospective Marriage visa lets applicant to marry prospective spouse after entering Australia within 9 months of visa grant. The Subclass 300 visa holder can then lodged Subclass 820 & 801 Partner visa onshore in Australia after marriage.

Stay Period

9 months from the visa grant date. After which, Subclass 300 visa holder may then apply for Subclass 820 & 801 Partner visa to live permanently in Australia.

The visa allows multiple entries throughout the visa validity period.

Apply from...

The primary applicant must be outside Australia to apply for and to be granted the Subclass 300 Prospective Marriage visa.

All secondary applicant(s) must be at the same place as the primary applicant to make combined visa application with the primary applicant.
To be eligible to become a sponsor for Subclass 300 Prospective Marriage visa applicant(s), the following sets of criteria must be met:
Sponsor must be at least 18 years old and is an Australian citizen/Australian permanent resident/eligible New Zealand citizen
The sponsor must be at least 18 years old and is either:
  • an Australian citizen; or
  • an Australian permanent resident; or
  • an eligible New Zealand citizen.
Limitation on sponsorship
There are limitations on sponsorship for sponsor that was granted a Subclass 300 Prospective Marriage visa, a Partner visa, a Contributory Parent visa, or a Subclass 204 Women At Risk visa within the last 5 years. Sponsor usually can only make 2 sponsorships application for Subclass 300 visa or Partner visa in a lifetime. Contact us for more details in relation to limitations on sponsorship.
To make a valid application for Subclass 300 Prospective Marriage visa and/or be granted this visa, the following sets of general criteria must be met:
Be at least 18 years old
The primary visa applicant must be at least 18 years old at the time of submitting visa application.
Be sponsored by prospective spouse
The primary visa applicant must be sponsored by, and intends to marry prospective spouse who is at least 18 years old and is either:
  • an Australian citizen; or
  • an Australian permanent resident; or
  • an eligible New Zealand citizen.
Any secondary applicants must also be included in the sponsorship.
Has met prospective spouse in person
Both the primary visa applicant and the prospective spouse must have met in person since both parties turned 18 years old.
Genuine intention to marry each other and live together as spouses
Both the primary visa applicant and the prospective spouse must have genuine intention to marry each other and live together as spouses.
The following persons can apply for this Subclass 300 Prospective Marriage visa:
  • any person who met the eligibility criteria outlined in "Eligibility Criteria" tab on this page (hereinafter referred to as "the Primary Applicant");
  • the member of family unit of the Primary Applicant, e.g.: children who are still dependent on the Primary Applicant, must make a combined visa application with the Primary Applicant.
The following are conditions that are mandatory to be imposed to primary visa holder:

Condition 8515 - Must not marry or enter into a de facto relationship before first entry

The primary visa holder must not marry or enter into a de facto relationship before entering Australia for the first time on a Subclass 300 Prospective Marriage visa.

This condition does not stop the visa holder from getting married outside Australia in beautiful paradise like in Hawaii or Bali as long as the marriage happened after the visa holder made the first entry into Australia after Subclass 300 was granted and returned to Australia before Subclass 300 visa ceased to be in effect to lodge Subclass 820 & 801 Partner visa onshore in Australia. However, the marriage outside Australia must be able to be recognised under Australian law as valid. In other words, no impediment to the marriage in Australian law.

Condition 8519 - Marry sponsor of Subclass 300 visa within visa validity period

The primary visa holder must enter into marriage with sponsor of Subclass 300 visa within 9-month visa validity period.

Subclass 820/801: Partner Visa (Onshore)

Subclass 820 Partner visa is a temporary partner visa which leads to permanent Subclass 801 Partner visa which will only be granted once at least 2 years has passed since the Subclass 820 Partner visa application was made.

Partner visa applicant that has been in a long-term partner relationship with the sponsoring partner will be granted permanent Subclass 801 visa in a 1-step process.

Long-term partner relationship is a relationship that has continued for:
  • at least 2 years if there is a dependent child of both the applicant and the Australian spouse/partner;
  • at least 3 years if without a child in the relationship.

Stay Period

  • For Subclass 820 Partner (Temporary) visa:
  • Temporarily until Subclass 801 Partner (Permanent) visa is granted.
  • For Subclass 801 Partner (Permanent) visa:
  • Indefinitely with 5-year travel facility after which you may need to apply for Subclass 155 or 157 Resident Return visa to extend your travel facility.

    You may consider applying for Australian citizenship for unrestricted travel facility once eligibility criteria are met.

Apply from...

All applicants must be in Australia, but not in immigration clearance, to make a combined application for Subclass 820/801 visas and to be granted the Subclass 820 Partner (Temporary) visa.

If Subclass 801 visa hasn't been granted in a 1-step process, Subclass 820 visa holder can be in or outside Australia, but not in immigration clearance, to be granted the Subclass 801 Partner (Permanent) visa.

Applicant who has applied for Subclass 820/801 Partner visa can...

  • enrol in Medicare, Australia’s universal health insurance scheme with access to a wide range of health and hospital services at low or no cost even before the partner visa grant.
To be eligible to become a sponsor for Subclass 820/801 visa applicant(s), the following sets of criteria must be met:
Sponsor must be at least 18 years old and is an Australian citizen/Australian permanent resident/eligible New Zealand citizen
The sponsor must be at least 18 years old and is either:
  • an Australian citizen; or
  • an Australian permanent resident; or
  • an eligible New Zealand citizen.
Limitation on sponsorship
There are limitations on sponsorship for sponsor that was granted a Subclass 300 Prospective Marriage visa, a Partner visa, a Contributory Parent visa, or a Subclass 204 Women At Risk visa within the last 5 years. Sponsor usually can only make 2 sponsorships application for Subclass 300 visa or Partner visa in a lifetime. Contact us for more details in relation to limitations on sponsorship.
To make a valid application for combined Subclass 820/801 visas and/or be granted these visas, the following sets of general criteria must be met:
Not holding a Subclass 771 Transit visa
The primary visa applicant must not be a holder of Subclass 771 Transit visa at the time of submitting visa application.
Be at least 18 years old in most situation
For application involving de facto relationship, both the primary visa applicant & partner must be at least 18 years old. This is because couples must be at least 18 years old to be in a de facto relationship as outlined in Reg 2.03A of the Migration Regulations 1994.

For application involving married relationship, both the primary visa applicant & spouse must usually be at least 18 years old. This is because the minimum age to be able to get married is 18 years old under the Australian law.
Be sponsored or Sponsor has died or Sponsor has committed family violence
All applicants must be sponsored by, usually the primary applicant’s spouse or de facto partner, who is at least 18 years old and is either:
  • an Australian citizen; or
  • an Australian permanent resident; or
  • an eligible New Zealand citizen.
If the sponsoring spouse is below 18 years old, the adult parent or adult guardian of the primary applicant’s spouse can be a sponsor. Please note that this only apply to married relationship and does not apply to de facto relationship because both parties must be at least 18 years old to be in a de facto relationship as outlined in Reg 2.03A of the Migration Regulations 1994.

In limited circumstances, applicants may still be eligible for a Subclass 801 Partner (Permanent) visa if the sponsoring spouse/partner has died or any of the applicants suffered from domestic violence committed by the sponsoring spouse/partner. Contact us for more details if this applies to you.
Be in a married or a de facto relationship to the exclusion of all others
The primary visa applicant in a spousal or a de facto relationship with a person of the same-sex or opposite sex.

For married applicants, the following must apply:
  • both parties are legally married to each other and the marriage must be valid under Australian law;
  • both parties must have mutual commitment to a shared life as a married couple to the exclusion of all others. This means either party must not be in a polyamorous or polygamous marital situation;
  • the relationship is genuine and continuing;
  • live together or do not live separetely on a permanent basis.
For de facto partners, the following must apply:
  • both parties are not legally married to each other;
  • both parties are not related by family, including adoptive family relationships;
  • both parties must have mutual commitment to a shared life as a married couple to the exclusion of all others. This means either polyamorous or polygamous relationship must not involve in the de facto relationship;
  • the de facto relationship must have existed for at least 12 months immediately before the visa application date, unless there are compelling and compassionate reasons for not meeting the 12-month relationship requirement;
  • the relationship is genuine and continuing;
  • live together or do not live separetely on a permanent basis.

    • If the Australian de facto partner of the primary visa applicant is or was a holder of a permanent humanitarian (Subclass 200, 201, 202, 203, 204, 209, 210, 211, 212, 213, 215, 216, 217 or 866 visa) visa or is an applicant for a permanent humanitarian visa, the 12-month de facto relationship requirement does not apply.

    De facto relationship registered under State or Territory law of Commonwealth of Australia is exempted from meeting the 12-month de facto relationship requirement. As of the time of writing, relationship registration recognised for this purpose only available in Australian Capital Territory (ACT), New South Wales, Queensland, South Australia, Tasmania, and Victoria.
The following persons can make a combined Subclass 820/801 Partner visas application:
  • any person who met the eligibility criteria outlined in "Eligibility Criteria" tab on this page (hereinafter referred to as "the Primary Applicant");
  • the member of family unit of the Primary Applicant, e.g.: children who are still dependent on the Primary Applicant.
If the substantive visa or the last substantive visa held by the applicant is/was a Subclass 491 Skilled Work Regional (Provisional) visa or a Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa, the applicant must have held that visa for at least 3 years at the time of application unless exceptional circumstances exist.

Australian Partner Visa Pathway 3 (Offshore)

Subclass 309 Partner (Provisional) visa ➠ Subclass 100 Partner (Migrant) visa
This pathway is for applicant that is outside Australia and would like to apply for a combined application for Subclass 309/100 Partner visas from outside Australia.
Below are detailed information for visas in Pathway 3:

Subclass 309/100: Partner Visa (Offshore)

Subclass 309 Partner (Provisional) visa is a temporary partner visa which leads to permanent Subclass 100 Partner (Migrant) visa, which will only be granted once at least 2 years has passed since the Subclass 309 Partner (Provisional) visa application was made.

Partner visa applicant that has been in a long-term partner relationship with the sponsoring partner will be granted permanent Subclass 100 Partner (Migrant) visa in a 1-step process.

Long-term partner relationship is a relationship that has continued for:
  • at least 2 years if there is a dependent child of both the applicant and the Australian spouse/partner;
  • at least 3 years if without a child in the relationship.

Stay Period

  • For Subclass 309 Partner (Provisional) visa:
  • Temporarily until permanent Subclass 100 Partner (Migrant) visa is granted.
  • For Subclass 100 Partner (Migrant) visa:
  • Indefinitely with 5-year travel facility after which you may need to apply for Subclass 155 or 157 Resident Return visa to extend your travel facility.

    You may consider applying for Australian citizenship for unrestricted travel facility once eligibility criteria are met.

Apply from...

All applicants, except for applicant who holds a Subclass 445 Dependent Child visa, must be outside Australia, to make a combined application for Subclass 309/100 visas and to be granted the temporary Subclass 309 Partner (Provisional) visa.

If permanent Subclass 100 Partner (Migrant) visa hasn't been granted in a 1-step process, Subclass 309 visa holder can be in or outside Australia, but not in immigration clearance, to be granted the permanent Subclass 100 Partner (Migrant) visa.

Applicant who has applied for Subclass 309/100 Partner visas can...

  • enrol in Medicare, Australia’s universal health insurance scheme with access to a wide range of health and hospital services at low or no cost even before the partner visa grant.
To be eligible to become a sponsor for Subclass 309/100 visa applicant(s), the following sets of criteria must be met:
Sponsor must be at least 18 years old and is an Australian citizen/Australian permanent resident/eligible New Zealand citizen
The sponsor must be at least 18 years old and is either:
  • an Australian citizen; or
  • an Australian permanent resident; or
  • an eligible New Zealand citizen.
Limitation on sponsorship
There are limitations on sponsorship for sponsor that was granted a Subclass 300 Prospective Marriage visa, a Partner visa, a Contributory Parent visa, or a Subclass 204 Women At Risk visa within the last 5 years. Sponsor usually can only make 2 sponsorships application for Subclass 300 visa or Partner visa in a lifetime. Contact us for more details in relation to limitations on sponsorship.
To make a valid application for combined Subclass 309/100 visas and/or be granted these visas, the following sets of general criteria must be met:
Be at least 18 years old in most situation
For application involving de facto relationship, both the primary visa applicant & partner must be at least 18 years old. This is because couples must be at least 18 years old to be in a de facto relationship as outlined in Reg 2.03A of the Migration Regulations 1994.

For application involving married relationship, both the primary visa applicant & spouse must usually be at least 18 years old. This is because the minimum age to be able to get married is 18 years old under the Australian law.
Be sponsored or Sponsor has died or Sponsor has committed family violence
All applicants must be sponsored by, usually the primary applicant’s spouse or de facto partner, who is at least 18 years old and is either:
  • an Australian citizen; or
  • an Australian permanent resident; or
  • an eligible New Zealand citizen.
If the sponsoring spouse is below 18 years old, the adult parent or adult guardian of the primary applicant’s spouse can be a sponsor. Please note that this only apply to married relationship and does not apply to de facto relationship because both parties must be at least 18 years old to be in a de facto relationship as outlined in Reg 2.03A of the Migration Regulations 1994.

In limited circumstances, applicants may still be eligible for a permanent Subclass 100 Partner (Migrant) visa if the sponsoring spouse/partner has died or any of the applicants suffered from domestic violence committed by the sponsoring spouse/partner. Contact us for more details if this applies to you.
Be in a married or a de facto relationship to the exclusion of all others
The primary visa applicant in a spousal or a de facto relationship with a person of the same-sex or opposite sex.

For married applicants, the following must apply:
  • both parties are legally married to each other and the marriage must be valid under Australian law;
  • both parties must have mutual commitment to a shared life as a married couple to the exclusion of all others. This means either party must not be in a polyamorous or polygamous marital situation;
  • the relationship is genuine and continuing;
  • live together or do not live separetely on a permanent basis.
For de facto partners, the following must apply:
  • both parties are not legally married to each other;
  • both parties are not related by family, including adoptive family relationships;
  • both parties must have mutual commitment to a shared life as a married couple to the exclusion of all others. This means either polyamorous or polygamous relationship must not involve in the de facto relationship;
  • the de facto relationship must have existed for at least 12 months immediately before the visa application date, unless there are compelling and compassionate reasons for not meeting the 12-month relationship requirement;
  • the relationship is genuine and continuing;
  • live together or do not live separetely on a permanent basis.

    • If the Australian de facto partner of the primary visa applicant is or was a holder of a permanent humanitarian (Subclass 200, 201, 202, 203, 204, 209, 210, 211, 212, 213, 215, 216, 217 or 866 visa) visa or is an applicant for a permanent humanitarian visa, the 12-month de facto relationship requirement does not apply.

    De facto relationship registered under State or Territory law of Commonwealth of Australia is exempted from meeting the 12-month de facto relationship requirement. As of the time of writing, relationship registration recognised for this purpose only available in Australian Capital Territory (ACT), New South Wales, Queensland, South Australia, Tasmania, and Victoria.
The following persons can make a combined Subclass 309/100 Partner visas application:
  • any person who met the eligibility criteria outlined in "Eligibility Criteria" tab on this page (hereinafter referred to as "the Primary Applicant");
  • the member of family unit of the Primary Applicant, e.g.: children who are still dependent on the Primary Applicant.

Need help with your applications? Contact us today!

Partner visas can be very complex and our team at Ausdirect Migration is experienced in complex cases as follows:

  • Applicant does not hold a substantive visa to apply for Subclass 820/801 Partner visas onshore in Australia;
  • Relationship with sponsoring Australian spouse/partner ceased due to family violence committed by the sponsor;
  • Relationship with sponsoring Australian spouse/partner ceased and has parental responsibility for a child;
  • Sponsoring Australian spouse/partner passed away before obtaining a permanent partner visa;
  • Sponsoring Australian spouse/partner who previously married unable to complete divorce proceeding before sponsoring new partner;
  • De facto relationship of less than 12 months.
Australian Partner Visa Fees

Must Read for Australian Partner Visas

⇒ Australian Partner Visas Application Checklist

⇒ Cost of Australian Partner Visas Application

⇒ Can I apply for an Australian Skilled visa based on my skills and qualifications?

⇒ Should I use a Registered Migration Agent to manage my partner visa application?

 

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