If you have fallen in love with an Australian Citizen or Permanent Resident, then Australia is the best place to live happily ever after. Australia’s strong history of migration has created a country that is multicultural, diverse and tolerant. Australia is perfect if you are looking for a place to live together and maybe to raise a family.
If you have decided that you want to live together in Australia you will need to apply for a visa. The Department of Home Affairs offers visas for people who are engaged, married or in a de facto relationship with an Australian Citizen, Permanent Resident or Eligible New Zealand Citizen (ENZC).
The basic requirements and processes required for applying for the different types of Partner Visas are outlined below.
Follow the links so you can find out more information or get further help.
Some people decide that they would rather apply for a work Visa than a Partner Visa. You can find out more about applying for a Work Visa here.
Prospective Marriage Visa Subclass 300
The Subclass 300 Prospective Marriage Visa is for people who are intending to marry an Australian.
Most people who apply for this visa are engaged to be married, which is why the visa is often called the “Fiancé Visa”.
To be eligible for this visa you need to be over 18 years of age. You also need to genuinely intend to marry, and be eligible to marry in Australia.
You need to have met your Fiancé in person to be granted this visa. If you have met online or through an arranged marriage, you need to know each other and have met in person. It isn’t enough to have just talked on the phone and video calls.
Once your visa is granted, you will have a period of 9 months that you can spend in Australia. You will need to be married during this time so you can then apply for a Partner Temporary Subclass 820 Visa.
Partner Provisional Subclass 309
The Partner Provisional Subclass 309 visa is for people who are married or in a de facto relationship with an Australian. Only people who are outside of Australia can apply for this visa. You can be in our outside of Australia when the visa is granted.
People in a same sex relationship can apply for this visa. Dependent family members can also be included in your application for this visa.
Once your Subclass 309 visa is granted you are able to travel to Australia. You can start your new life together as a couple in Australia.
This visa has no work restrictions, so you can find work in Australia knowing you have full work rights.
Partner Residence Subclass 100
The Partner Residence Subclass 100 visa is a Permanent Residency visa. An application for a Subclass 100 Visa is made at the same time as an application for a Partner Residence Subclass 309 Visa.
Two years after you applied for your Subclass 309 visa the processing for your Subclass 100 Visa can be considered. You are required to continue to meet the relationship requirements at the time when your Subclass 100 visa is granted.
You can click here to learn more about Permanent Partner Visa Processing.
Partner Temporary Subclass 820
The Partner Provisional Subclass 820 visa is for people who are married or in a de facto relationship with an Australian. Only people who are in Australia can apply for this visa. You can be in or outside of Australia when the visa is granted.
People in a same sex relationship can apply for this visa. Dependent family members can also be included in your application for this visa.
Applying in Australia for an 820 visa means that you can start your life together in Australia while a decision is made on your application.
When you apply for a Subclass 820 visa you will be granted a Bridging Visa with full work rights. This means that you can stay in Australia with the person who you love while your application for an 820 visa is being decided. When your Bridging Visa commences will depend on the visa grant period of the visa that you hold when you apply for your Subclass 820 visa.
Partner Visa Permanent Subclass 801
The Partner Permanent Subclass 801 visa is a Permanent Residency visa. An application for a Subclass 801 Visa is made at the same time as an application for a Partner Temporary Subclass 820 Visa.
The paperwork for your Subclass 801 visa can be submitted two years after your application for the Subclass 820 visa was lodged. You are required to continue to meet the relationship requirements at the time when your Subclass 801 visa is granted.
Learn more about Permanent Partner Visa Processing.
Partner Visa Sponsorship
To apply for all of the visas above, the Australian Citizen, Permanent Resident or ENZC partner needs to act as the sponsor for the visa applicant.
Sponsors need to be over 18 years of age. There are sponsorship limitations on Partners who have previously sponsored Partners for visas.
The sponsor also needs to meet character requirements and declare that they are willing and able to support their fiancé, spouse or partner while they are in Australia holding a temporary visa.
Complex Visa History
If you have a complex visa history you may have had visa refusals, cancellations or periods in Australia without a valid visa. In these situations there may be instances where you are still eligible to apply for an Australian Partner Visa.
Where can I get Partner Visa help?
At Port Migration we love helping our clients who are excited about starting life together in Australia. Achieving visa success for our clients is our main goal. We pride ourselves on the way we make a complex process simple and stress free.
Each visa has a different application process and requirements. The waiting times for the visas are also different, and the wait time can be impacted by the country that you come from. Constant changes to the Australian Migration Legislation also make it hard to know which option is the best for you.
Talk to the team at Port Migration to book an in depth consultation to get the ball rolling on the application that best suits your needs and circumstances.
About Port Migration
Port Migration is a full service Australian Migration Agency based in Port Melbourne, Victoria, Australia. We help individuals, business owners and HR managers to consistently achieve successful visa outcomes. We are registered with MARA so you know you can rely on our advice (MARN 1575613).
At Port Migration we are here to give you friendly, efficient service. Importantly, we make the complex and constantly changing Australian visa application requirements simple and stress free for clients.
Frequently Asked Questions
A Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia permanently. It's designed to enable couples to live together in Australia and eventually obtain citizenship. There are two main types: onshore Partner Visas (Subclass 820/801) for applicants already in Australia, and offshore Partner Visas (Subclass 309/100) for applicants applying from outside Australia. These visas provide a pathway for partners to reunite and build a life together in Australia. Download the Free Guide to Partner Visas for more information.
Your sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen who can prove their relationship with you. They must also meet certain financial and character requirements to sponsor you for a Partner Visa. The sponsor plays a crucial role in supporting your visa application and providing evidence of the genuineness of your relationship.
An onshore Partner Visa (Subclass 820/801) is for applicants already in Australia, while an offshore Partner Visa (Subclass 309/100) is for applicants applying from outside Australia. The main difference is the location of the applicant at the time of application. Onshore visas allow applicants to remain in Australia during processing, while offshore visas require applicants to be outside Australia when the visa is granted. Learn more here.
Proving your relationship for a Partner Visa involves providing a wide range of evidence demonstrating the genuineness and commitment of your relationship. This may include joint bank statements, lease agreements, utility bills in both names, photos together, travel itineraries, statutory declarations from friends and family, and evidence of joint commitments such as shared finances or property ownership. The aim is to provide a comprehensive picture of your shared life together.
Yes, same-sex couples are eligible to apply for Partner Visas in Australia. Australian immigration law recognizes same-sex relationships for the purpose of Partner Visa applications, and the same criteria apply regardless of the gender of the partners. Same-sex couples need to provide evidence of their genuine and ongoing relationship, just like opposite-sex couples. Learn more here.
The visa applicant must meet health requireements and Both you and your partner must meet character requirements for a Partner Visa. This involves undergoing health examinations to ensure you meet Australia's health standards and providing police certificates from each country you have lived in for 12 months or more over the past 10 years. These requirements are in place to protect the health, safety, and security of the Australian community.
Yes, you can include dependent children in your Partner Visa application. Children must meet health and character requirements and be included in your visa application form. Including children in your application ensures that they can join you in Australia and be granted the same visa subclass as you.
Processing times for Partner Visas vary depending on various factors such as the visa subclass, the completeness of your application, and the current processing times. Generally, Partner Visa processing take approximately 6 to 24 months. It's important to note that processing times can change, so it's advisable to check the Department of Home Affairs website for the latest updates. Subscribe on YouTube for regular updates.
Yes, once you hold a temporary Partner Visa (Subclass 820/309), you have full work rights in Australia. You can work, study, and access Medicare. This allows you to support yourself financially while living in Australia with your partner.
After being granted a temporary Partner Visa, you become eligible to apply for the permanent Partner Visa (Subclass 801/100) approximately two years later, provided your relationship is still genuine and continuing. The permanent visa allows you to live in Australia indefinitely and access government services. It's the final step towards obtaining Australian citizenship for eligible applicants. Learn about Permanent Partner Visa Processing.
