Australian Partner Visas (Subclass 300/820/801, 820/801 or 309/100 visas)
If 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
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.
- 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.
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)
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.
- 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.
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)
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.
- 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.
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?