Partner Visa

Overview of the Australian Partner Visa Program

Are you currently navigating a long-distance relationship with your partner and seeking ways to reunite in Australia? The Australian Partner Visa could be the solution you’re looking for. This visa allows partners of Australian citizens or permanent residents to join their loved ones in Australia. Let’s delve into the details of each subclass to help you understand your eligibility and options.

Different Types of Partner Visas in Australia

There are several types of Australian partner visas available, each designed to accommodate different circumstances. Depending on whether you’re already in Australia or residing overseas, you may opt for:

Partner Visa Onshore

Subclass 820 (Temporary) and Subclass 801 (Permanent) is a partner visa for you if you are in Australia and married or in a long-term (De-facto) relationship with an Australian citizen or Permanent Resident or an eligible New Zealand Citizen. You can apply for this visa only from within Australia. The visa application for SC 820 and SC 801 is lodged at the time. However, you will be granted temporary visa first which is SC 820 and subsequently SC 801 after two years of grant of SC 820(Permanent Visa).

Subclass 820/801 application will let you live in Australia until you get decision on your application.

Partner Visa Offshore

Subclass 309 (Temporary) and Subclass 100 (Permanent), 309/100 is for someone who is outside Australia and married to or is in a de facto relationship with Australian Permanent Resident or Citizen or eligible New Zealand Citizen.

Prospective Partner Visa

This visa SC 300 is called as a Prospective Partner Visa which is for you if you are engaged to an Australian Citizen or Permanent Resident and planning to marry your Australian fiancé/ fiancée. You can lodge this visa from outside Australia only.

You are required to marry and register your legal marriage with your fiancé/fiancée within the visa grant period which can be anywhere between 9-15 months.

After registering your marriage, you can continue the application to an onshore Partner Visa (subclass 820/801). You must lodge the temporary Partner Visa (subclass 820) application before your 300 visa expires

What Is a De-facto Relationship?

A de-facto relationship is a relationship between a straight or gay couple who is not legally married to each other. However, their relationship meets the following characteristics:

  • you are committed to a shared life to the exclusion of all others.
  • your relationship is genuine and continuing.
  • you live together or do not live separately and apart on a permanent basis.
  • you are not related by family.
Understanding the Two Stages: Temporary and Permanent Partner Visas

Temporary Partner Visa

This initial stage allows you to reside in Australia temporarily.

Permanent Partner Visa

After meeting certain requirements and completing the temporary stage, you can apply for permanent residency.

How Each Partner Visa Subclass Works

Scenario 1 – In Australia, partnered with an Australian citizen or permanent resident:

  • Eligible for the onshore Partner Visa (subclass 820/801).
  • First, lodge the subclass 820 application before your current visa expires.
  • After the 820 Visa is granted, wait for 2 years before applying for the subclass 801 Visa, granting permanent residency.

Scenario 2 – Outside Australia, partnered with an Australian citizen or permanent resident

  • Eligible for the offshore Partner Visa (subclass 309/100).
  • Lodge the subclass 309 application from outside Australia.
  • After the temporary visa is granted, wait 2 years before applying for the permanent subclass 100 Visa, which can be done while in Australia.

Onshore Partner Visa Details

The onshore Partner Visa (subclasses 820 and 801) caters to individuals already in Australia. To be eligible, you must be in a de facto, registered, or intended marriage relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.

  

  • Not legally married to each other
  • Committed to a shared life
  • Genuine and continuing relationship
  • Living together or not living separately and permanently apart
  • Not related by family.

Benefits for Temporary Partner Visa Holders:

  • Independent stay in Australia
  • Study opportunities
  • Access to Medicare
  • Frequent travel in and out of Australia.

Benefits for Permanent Partner Visa Holders:

  • Indefinite stay in Australia
  • Work and study rights
  • Eligibility for social security benefits
  • Ability to apply for Australian citizenship
  • Sponsorship opportunities for relatives' permanent residency.
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