Generally speaking to be eligible for a Partner visa (onshore Partner visa 820/801, or offshore Partner Visa 309/100), you need to be married to, or in a de facto relationship (at least 12 months relationship, or if not, ensuring that your relationship is registered under state law) with an Australian citizen, Australian permanent resident or an eligible New Zealand citizen. If it’s a relatively new relationship and you are planning to get married with your Australian boyfriend or girlfriend, you may wish to apply for a prospective marriage visa 300 instead of Partner Visa.
Here we have listed the both the onshore application and offshore application visa types below.
PARTNER VISA APPLICATION MADE ONSHORE – SUBCLASS 820 AND 801
The Subclass 820 Partner visa (temporary) allows you to live in Australia if you are legally married to or are the de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen.
- The application has to be made in Australia and you must be within Australia when the visa is granted.
- Your partner must sponsor you. Your partner may not be able to sponsor you if they sponsored another person or had been sponsored within 5 years or if they have sponsored 2 people previously. There are some exemptions for compelling circumstances.
- The Partner Visa can also be granted to same sex couples.
- In some circumstances can be granted even if the relationship has ended.
- This visa is the first stage to obtaining a subclass 801 permanent Partner visa.
The 820 visa once granted will allow you to:
- remain in Australia until a decision is made about your permanent Partner visa;
- work in Australia;
- study in Australia, but with no access to government funding; and
- enrol in Medicare, Australia’s scheme for health-related care and expenses.
Your dependent children can be included in your application, but not other dependent relatives unless you hold or held a Prospective Marriage visa. The dependents must also be in Australia when they apply.
Two years after your subclass 820 is lodged if the relationship still exists you will be invited to apply for your Permanent Partner visa (subclass 801).
The Subclass 801 Partner visa (permanent) will allow you to:
- stay in Australia indefinitely;
- work and study in Australia;
- apply for Australian citizenship once you are eligible to do so;
- sponsor eligible relatives for permanent residence;
- receive some social security payments; and
- travel to and from Australia for five years from the date the visa is granted and after that time you will need another visa to enter Australia if you have not become a citizen.
The applicant and any dependant members must satisfy health and character requirements.
PARTNER VISA APPLICATION MADE OFFSHORE AUSTRALIA – SUBCLASS 309 AND 100
The Subclass 309 Partner visa (temporary) allows you to live in Australia if you are legally married to or are the de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen.
- The application has to be outside Australia and you must be outside Australia when the visa is granted.
- Your partner must sponsor you. Your partner may not be able to sponsor you if they sponsored another person or had been sponsored within 5 years or if they have sponsored 2 people previously. There are some exemptions for compelling circumstances.
- The Partner Visa can also be granted to same sex couples.
- In some circumstances can be granted even if the relationship has ended.
- This visa is the first stage to obtaining a subclass 100 permanent Partner visa.
The 309 visa once granted will allow you to:
- remain in Australia until a decision is made about your permanent Partner visa;
- work in Australia;
- study in Australia, but with no access to government funding; and
- enrol in Medicare, Australia’s scheme for health-related care and expenses.
Once you have been granted the Subclass 100 Partner visa (permanent) you can:
- stay in Australia indefinitely;
- work and study in Australia;
- apply for Australian citizenship (if you are eligible);
- sponsor eligible relatives for permanent residence;
- receive some social security payments;
- travel to and from Australia for five years from the date the visa is granted – after that time you will need another visa to enter Australia.
You can include your dependent children, and/or other dependent relatives in the application. The applicant and any dependant members must satisfy health and character requirements.
If you are planning to apply for a Partner Visa, please have a read of the latest Partner Visa Checklist.
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.
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