Partner / Spouse Visa
subclass 309 visa - subclass 100 visa (For overseas applicants)
subclass 820 visa - subclass 801 visa (For applicants in Australia)
Who Can Apply For a Partner / Spouse Visa?
You can apply for this visa if you are married to or have been in a de facto relationship (for at least 12 months) with an Australian citizen, Australian permanent resident, or Eligible New Zealand Citizen at the time of making your Partner Visa application.
You can apply for a Partner/Spouse Visa even BEFORE you actually get married (but it will be granted only AFTER you are able to provide proof of your marriage and other supporting evidence). Likewise, it is a common misunderstanding that Australia does not recognise Proxy Marriages. As a matter of fact, you may be eligible to apply for a Partner Visa on the basis of Proxy Marriage (sometimes also referred to as 'Online Marriage').
(However, it is highly recommended that you seek professional advice and assistance before you apply for your Partner visa on the basis of 'Intention to Marry' or 'Proxy Marriage' to avoid any errors and pitfalls.)
Stages of Partner Visa Application Processing
There are two stages in the processing of a Partner visa application. Every applicant is first granted a temporary Partner visa (either subclass 309 visa or subclass 820 visa, depending upon their location at the time of lodgement). In the second stage, a permanent partner visa, either a subclass 100 visa or subclass 801 visa is granted. Subclasses 309 and 100 Partner visas are for those who apply for this visa while they are outside of Australia. Applicants who apply onshore (in Australia) must first apply for a subclass 820 visa and then an 801 Partner visa. (If you are applying onshore, you must ensure that your existing visa allows you to apply for an onshore Partner visa.)
How Partner Visa Applications Are Lodged?
Partner visa applications are essentially lodged as 'combined applications' (that means, both applications are lodged at the same time). There is only one partner visa fee that you will need to pay. You will pay your Partner visa fee at the time of lodgement of your combined partner visa applications. If your relationship with your partner is not a 'long-term relationship' then you will first either be granted a subclass 309 visa or a subclass 820 visa (also known as 'first stage partner visa'). Most Partner visa applications can be lodged via Department of Home Affairs online portal, ImmiAccount.
Main Benefits of Partner Visa
Besides staying with your partner/spouse, if you are granted this visa, you will have the right to:
live, work, and study in Australia temporarily until you become eligible for a permanent Partner Visa (Subclass 100 or 801);
You may benefit from free English Language Classes provided by the Adult Migrant English Program for up to 510 hours;
Travel to and from Australia without any obstacles as many times as you want;
Enroll in Australia’s world-class public health care scheme, Medicare, which is designed to ensure the best medical treatment with no to minimum costs to you or your Sponsor.
What Do You Need For A Partner Visa?
You must be a ‘spouse’ or a de facto partner of an Australian citizen, an Australian permanent resident, or an Eligible New Zealand citizen; OR
You must be intending to marry an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen; and
Your marriage with your partner may be recognized as a valid marriage under Australian laws.
Generally, you must be 18 years or over. (If only 16 or over then you will need to satisfy additional requirements).
There must not be any children whose interests may be adversely affected as a result of the grant of a Partner visa;
You must be able to satisfy the Health Requirements for this Visa (for example, you must be clear of any serious medical conditions that may put others in danger);
You must be able to satisfy the Character Requirements for this Visa, (for example, you must not have a substantial criminal record);
You must be sponsored by your spouse or de facto partner for this Visa who is, generally, 18 years of age or over.
Your Sponsor must not be prohibited from sponsoring you.
Depending upon your particular circumstances, you may be granted a permanent Partner Visa (subclass 100 or 801) immediately after the grant of a temporary Partner visa.
If you have a child from your relationship with your Sponsor and your relationship is of at least two years;
If you can prove that you have been in a spousal relationship with your spouse/partner for three or more years;
If your sponsoring partner/spouse holds a Humanitarian Visa (e.g. Onshore Protection Visa – Subclass 866).
Satisfying a Visa Officer that you are in a genuine relationship with your spouse or de facto partner requires careful planning and a good deal of documentary evidence. You must collect and examine all the information and evidence that may substantiate your claims concerning your relationship.
When completing the application and forms, you must think about why you are expected to make a particular statement? (Remember: most of the statements and questions are in the application/forms for a purpose).
Do You Need An Immigration Lawyer For Your Partner Visa Application?
There is no legal requirement that your Partner visa application must be prepared or lodged by a lawyer or a registered migration agent. Do your proper research and invest time in preparing your application.
However, you need to be careful when addressing the four pillars (i.e. Financial, Social, Nature of your Household, Nature of your Commitment aspects) of your relationship in your personal statements or statutory declarations. You must provide only precise and accurate details of the relationship while ensuring that you do not include any irrelevant information which may create unnecessary complications or delay its processing.
Main Applicant AUD$8,085 (Exc. any surcharges)
*There may be additional costs if there is more than one applicant (for example, if you have dependent children included in your application)
See Our Blogs On This Visa To Learn More
Please read our blog Domestic Violence and Partner Visa Cancellation Issues if you are wondering:
Can my husband cancel my visa?
Can my partner cancel my visa?
Can a permanent partner visa be cancelled in Australia?
Read here about the Australian Prospective Marriage Visa.
Should you wish to discuss your circumstances with a Family & Immigration Lawyer, please feel free to Contact Us. We are here to help you with your Partner Visa application.
Warning! Please note that Australian immigration laws and policies are highly complex and dynamic. Therefore, no information provided on this website is comprehensive and intended to be legal advice. Failure to receive professional advice - tailored to your specific circumstances - may prove costly to you in many respects. Please read our Terms and Conditions.