Partner Visas (Subclasses 820/801 and 309/100)
Partner visas are designed for individuals who are married to, or in a de facto relationship with, an Australian citizen, permanent resident, or eligible New Zealand citizen. These visas allow partners to live, work, and build their lives together in Australia. If you’re considering joining your partner in Australia, it’s essential to understand the visa options available to you.
Below is an overview of the primary partner-related visas, including their costs and eligibility criteria, as provided by the Department of Home Affairs.
This visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia.
- Cost:
- From AUD9,095 for most applicants. For Prospective Marriage visa (subclass 300) holders, from AUD1,515.
- Eligibility:
- You must be in Australia when you apply and when the visa is granted.
- You must be married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Meet health and character requirements.
This visa permits the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia.
- Cost:
- From AUD9,095.
- Eligibility:
- You must be outside Australia when you apply and when the visa is granted.
- You must be married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Meet health and character requirements.
This visa allows you to come to Australia to marry your prospective spouse and then apply for a Partner visa.
- Cost:
- From AUD9,095.
- Eligibility:
- You must be outside Australia when you apply and when the visa is granted.
- You intend to marry an Australian citizen, permanent resident, or eligible New Zealand citizen after arriving in Australia.
- Meet health and character requirements.
Are You Interested in This Service?
Two-Stage Process
When applying for an Australian Partner Visa, it’s essential to understand the two-stage process and determine which visa subclass aligns with your circumstances.
- Temporary Partner Visa: Initially, applicants are granted a temporary visa (Subclass 820 for onshore applicants or Subclass 309 for offshore applicants), allowing them to reside in Australia while their permanent visa is processed.
- Permanent Partner Visa: After approximately two years, if the relationship is ongoing and meets all criteria, applicants may be eligible for a permanent visa (Subclass 801 for onshore applicants or Subclass 100 for offshore applicants).
This two-stage process allows the Department of Home Affairs to assess the genuineness and durability of your relationship over time.
Choosing the Appropriate Visa
Onshore Partner Visa (Subclass 820/801)
- You must be in Australia at the time of application and when the temporary visa is granted.
- Legally married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Sponsored by your partner.
- Provide evidence of a genuine and continuing relationship.
- Meet health and character requirements.
Key Points
- Upon application, you may be granted a Bridging Visa A (BVA), allowing you to remain in Australia during processing.
- Bridging visas may have certain conditions, such as work or study limitations, depending on your previous visa status.
Offshore Partner Visa (Subclass 309/100)
- You must be outside Australia when applying and when the temporary visa is granted.
- Legally married to or in a committed de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Provide sufficient evidence of a genuine and continuing relationship.
Key Points
- After holding the Subclass 309 visa for approximately two years, you may become eligible for the Subclass 100 permanent visa.
- Maintaining the relationship during the processing period is crucial.
Married vs. De Facto Relationship
Married Couples
- Must provide a legal marriage certificate recognized by Australian law.
- The marriage must not be within a prohibited degree of relationship (e.g., between direct ancestors, descendants, or siblings).
De Facto Couples
- Must prove a committed, mutually exclusive relationship for at least 12 months before applying, unless exempt from this requirement.
- Evidence must demonstrate living arrangements and shared responsibilities, with periods of dating or purely online relationships not qualifying.
Evidence Required for Partner Visas
The four key factors to prove your relationship are as below:
Financial Aspects
- Joint ownership or rental agreements.
- Joint bank accounts and shared financial commitments.
- Utility bills in both names.
Household Responsibilities
- Shared household duties.
- Correspondence addressed jointly.
- Proof of cohabitation.
Social Aspects
- Joint travel and social engagements.
- Evidence of the relationship being recognized by family and friends.
- Joint participation in community or social activities.
Commitment to Each Other
- Statements detailing how and when the relationship began, significant milestones, and future plans.
- Supporting statements from friends and family (Form 888).
- Communications showing regular contact when apart.
Dreaming of Australia? Let’s Make It Happen!
Common Mistakes to Avoid in Partner Visa Applications
Applying for a Partner Visa can be complex, and errors may lead to delays or refusals. Common mistakes include:
Inadequate Proof of Relationship
Providing insufficient evidence can result in application denial. Ensure comprehensive documentation of your relationship’s genuineness..
Inconsistencies in Application Details
Discrepancies between forms and supporting documents can raise concerns. Double-check all information for accuracy.
Failure to Meet Health or Character Requirements
Not adhering to mandatory health and character standards can lead to refusal. Complete all required assessments promptly.
Tips for a Successful Partner Visa Application
Enhance your application’s success by:
Organizing Documentation
Maintain a well-structured portfolio of all required documents to streamline the application process.
Providing Detailed Personal Statements
Clearly articulate your relationship history, shared experiences, and future plans to demonstrate commitment.
Seeking Professional Advice
Consulting with a registered migration agent can provide personalized guidance and increase the likelihood of approval.
Understanding Visa Refusals and Your Right to Appeal
Despite meticulous preparation, some Partner Visa applications may face refusal. Common reasons for refusal include:
- Insufficient Evidence: Failing to provide adequate proof of a genuine and continuing relationship.
- Incomplete Application: Missing or incorrect information in your submission.
- Health and Character Concerns: Not meeting the required health or character standards.
Right to Appeal: Administrative Appeals Tribunal (ART)
If your Partner Visa application is refused, you may have the right to appeal the decision to the Administrative Appeals Tribunal (ART). The ART conducts independent reviews of visa decisions, assessing the merits of your case afresh.
Key Points About the Appeal Process
- Appeals must be lodged within strict deadlines.
- The AAT will reassess your application, considering any new evidence or information you provide.
- The AAT may affirm the original decision, set it aside and substitute a new decision, or remit the matter back to the Department of Home Affairs for reconsideration.
Navigating the appeal process can be intricate and time-sensitive. Engaging with experienced migration professionals can significantly enhance your chances of a successful outcome.
How We Can Assist with Your Australian Partner Visa Application
Navigating the complexities of an Australian Partner Visa application can be both challenging and emotionally taxing. Our dedicated migration agent is here to provide personalized guidance, ensuring your application meets all necessary requirements.
Our Comprehensive Services Include
Eligibility Assessments
We conduct thorough evaluations to determine your suitability for the Partner Visa, providing clarity and confidence before you proceed.
Document Preparation
Our experts assist in compiling detailed checklists and preparing all necessary documents, ensuring accuracy and compliance with immigration standards.
Statutory Declarations Support
We offer guidance in completing Form 888 and other statutory declarations, crucial for substantiating your relationship evidence.
Liaison with Authorities
Our team maintains ongoing communication with the Department of Home Affairs on your behalf, keeping you informed throughout the process.
Confidential and Understanding Service
We prioritize confidentiality and empathy, understanding the personal nature of immigration matters.
FAQs
Can I apply for a Partner visa while holding another type of visa?
Yes, you can apply for an onshore Partner visa (Subclass 820/801) while on another substantive visa. You will receive a Bridging Visa A (BVA) to remain lawful during the application process.
What happens if my current visa expires before my Partner visa is approved?
The Bridging Visa A (BVA) linked to your Partner visa application will activate when your current visa expires, allowing you to stay legally in Australia until a decision is made.
What if my de facto relationship is less than 12 months?
In some cases, exemptions apply, such as if you have children together or if the relationship is registered under relevant state or territory laws. Consulting with a migration agent can clarify your options.
How long does it take to get a Partner visa?
Processing times can vary. Temporary partner visas (Subclasses 820/309) may take 12–24 months, while permanent visas (Subclasses 801/100) are generally processed after two years on the temporary visa.
Can same-sex couples apply for a Partner visa?
Yes, Australia recognizes same-sex relationships equally under partner visa applications, provided the couple meets the criteria for either a marriage or a de facto relationship.
Can I travel outside Australia while waiting for my Partner visa decision?
With a Bridging Visa A (BVA), travel is not permitted. You would need to apply for a Bridging Visa B (BVB) to travel and return to Australia.
