Partner Visa

Overview

The Partner Visa is one of the most popular visa options for those that have a partner who is an Australian citizen or a Permanent Resident of Australia.

What can you do with a Partner Visa?

You can work, study and stay with your loved one in Australia. You can also travel to and from Australia with no limitations.

Who can apply for Partner visas?

A Partner Visa allows the spouse (husband or wife) or De Facto partner of an Australian citizen, a Permanent Resident, or an eligible New Zealand citizen to obtain a visa so that they can live together in Australia.

Who can be a sponsor?

The sponsor requirements are:

• The sponsor must be an Australian Permanent Resident, Australian citizen, or eligible New Zealand citizen
• The sponsor can only sponsor 2 spouses or De Facto partners in his/her lifetime, and can only sponsor 1 spouse or De Facto partner within 5 years unless in an exceptional circumstance
• The sponsor cannot hold a Spouse Visa sponsored by another person in the past 5 years
• The sponsor cannot be convicted of, or have had to pay a fine for hurting a child
• The sponsor needs to pass the character test

How do I apply for Partner Visas?

There are generally two processing stages for the Partner Visa application:

The first stage is to apply for a Temporary Residence Visa (TR) for the spouse or de facto partner. The second stage is to stay married/in the relationship for two years and to meet other conditions. If you do this, you will generally be able to process the Permanent Residency Visa stage after two years from your initial application date.

If you are currently offshore, there are two options for you:

Option 1: You can apply for a Subclass 309 Partner Visa (temporary) as the first step if you have sufficient evidence to prove your relationship and meet the requirements for lodging this visa. Once it is granted, you can travel to Australia and be assessed for the Subclass 100 Partner Visa (Permanent).

Option 2: If you are engaged to be married, you can apply for a Subclass 300 Prospective Marriage Visa. Once it is granted, you can travel to Australia, marry your fiancé/fiancée, and then apply for the Onshore Partner Visa.

If you are onshore in Australia, you can apply for the Subclass 820 Partner Visa (temporary) as the first stage. Once it is granted, you can be assessed for the Subclass 801 Partner Visa (Permanent) stage.

Note:

** You can also apply for the Medicare Scheme while you are waiting for the outcome of your application.

Eligible applicants with a substantive visa when they submit the onshore Partner Visa (820/801) will be granted a Bridging Visa, allowing them to stay lawfully in Australia while they are waiting for the visa application outcome.

To apply for a Partner Visa, you must prove your relationship.

How can I prove our relationship when applying for a Partner visa?

The checklist below shows the conditions that the applicant and the sponsor must meet:

• Both spouses are over 18 years old
• You cannot hold a 204 Refugee Visa (Woman at Risk Visa) or a Transit Visa such as the 771 Visa within 5 years.
• You must not have debt in Australia
• Both spouses are married or in a De Facto/de facto relationship
  • For a De Facto partner, a relationship of more than 12 months or other certification is required, and the relationship needs to be maintained during the application period.

For de facto relationships, we need to prove that the applicant and the sponsor have lived together for at least 12 months.

However, a certain length of cohabitation period can be exempted in the following two situations:

• You have registered your de facto relationship with the state government (i.e. you have a Civil Partnership Certificate).
• The applicant and the sponsor already have children

Generally, we need to prove the following evidence in the four aspects below:

Financial:

• joint mortgage or lease documents
• joint loan documents for major assets like homes, cars or major appliances
• joint bank account statements
• household bills in both names

Nature of Household

• a statement about how you share housework
• household bills in both names
• mail or emails addressed to you both
• documents that show joint responsibility for children
• documents that prove your living arrangements

Social

• joint invitations or evidence you go out together
• proof you have friends in common
• proof you have told the government, public or commercial bodies about your relationship
• proof you do joint sporting, cultural or social activities together
• proof you travel together

Commitment

• proof you have knowledge of each other’s background, family situation or other personal details. You could tell us this at an interview
• proof you have combined your personal matters
• the terms of your wills
• proof you stay in touch when apart

It usually takes two years to apply for the 801 Visa after lodging the 820 Visa. In fact, the aim of the government is to see whether your relationship is strong. After all, time is the best proof.

However, if one of the following special circumstances is met, the Immigration Bureau will consider waiving the 2-year waiting period:

1. When submitting the application, the sponsor and the applicant have had a relationship for more than 3 years
2. When submitting the application, the sponsor and the applicant have had a relationship for more than 2 years and have children
3. In a few cases, if the relationship between the applicant and the sponsor breaks down and the applicant suffers domestic violence, the 2-year waiting period may also be exempted.

How much does it cost to apply for Partner Visas?

Partner visas application fees for Financial Year 2023/2024

Processing Times of Partner visa

The processing times have been affected by the pandemic. The times below are an estimate of when 75% and 90% of applications are processed by.

• Subclass 820 Partner visa (temporary) – 22-32 months
• Subclass 801 Partner visa (Permanent) – 11-17 months
• Subclass 309 Partner (temporary) – 18-27 months
• Subclass 100 Partner visa (Permanent) – 14-20 months

How can SOL Migration assist you in acquiring a Partner Visa?

SOL Migration has a strong team of 5 experienced Registered Migration Agents. Our Registered Migration Agents will assess your eligibility and recommend which pathway is your best option for achieving Permanent Residence in Australia.

Do not want to get married too early but still want to live in Australia permanently? Consider this pathway instead of Partner visa

1. How about studying a course in Australia with a Student Visa 500
2. After studying for at least 2 years and have graduated, you can stay in Australia to work with no hour limit with a Temporary Graduate Visa 485
3. During your time on visa 485, you can try your best to get a permanent resident visa with a General Skilled Migration visa

Not sure if you are eligible to apply for Partner visas?

Contact SOL Migration today for a free eligibility check!