There are three options for Australian Partners Visas if you are in a relationship with an Australian Citizen, Permanent Resident or Eligible New Zealand Citizen and your intention is to reside in Australia.
If you are not currently in Australia, then you may apply for a Tourist (Subclass 600) visa and request an exemption in order to travel to the country. Within this application and exemption, you must demonstrate that you are the married or de facto partner of an Australian.
Alternatively, if you’re seeking to ensure permanent residence in Australia as a family in the future, this process can be started now, even while you’re offshore.
There are Three Options for Australian Partner Visas:
- Prospective Marriage (Subclass 300) visa
- Partner (Subclass 820/801) visa
- Partner (Subclass 309/100) visa
Applicants are required to be sponsored by their Australian partner and demonstrate numerous factors of their relationship. The applications are in-depth and require the ability to meet many components of the legislation.
The main requirements of these visas are;
Prospective Marriage (Subclass 300) Visa
This temporary visa is available to those outside of Australia who are engaged to marry an Australian Citizen, Permanent Resident or Eligible New Zealand Citizen, and are wanting to have their wedding in the country. This visa is a means to facilitate arriving in Australia, marry your fiancé/fiancée and apply for permanent residency via the above-mentioned onshore Partner stream (discussed below).
The crucial components of this application are to demonstrate that there’s an intention to marry, that you have met in person and have a genuine, ongoing relationship.
This visa is granted for 9 months upon entry to Australia. Within this time, a couple is required to become married and submit their application for an onshore Partner (Subclass 820/801) visa.
Partner (Subclass 820/801) Visa
If you are already in Australia holding a Subclass 300, or on another temporary visa (for example, a Tourist visa, Working Holiday, Temporary Work, etc.), then you may be eligible to apply for a Subclass 820/801 visa.
In order to apply for the Subclass 820/801, you must be in a de facto or married relationship with an Australian Citizen, Permanent Resident or Eligible New Zealand Citizen. You’ll be required to demonstrate numerous factors, including the nature of your commitment to one another, the financial aspects of your relationship, the social aspects of your relationship and the nature of your household together.
This application is processed in two stages, hence the two subclasses. The Temporary Partner (Subclass 820) is granted first, with the Permanent Partner (Subclass 801) becoming available two years after first applying for the visa.
When it comes time for the Subclass 801, there is no additional application fee. Simply, another small application is lodged, demonstrating that you’ve remained in a genuine relationship. Provided the Department of Home Affairs is satisfied with this, then permanent residency will be granted.
Partner (Subclass 309/100) Visa
This visa is available to couples who are currently outside of Australia. If you are in a married or de facto relationship or are engaged and intend to be married shortly outside of Australia, then this may be the most suitable visa for you.
This application is largely the same as the Subclass 820/801, including the two-stage application process. The crucial difference is that it takes place outside of Australia, rather than in the country.
Sponsorship Obligations for an Australian Partner Visa
For all Australian Partner Visas, applicants must be sponsored by their Australian partner. The predominant expectations for Australian sponsors are as follows:
- Able to meet character requirements
- Can support their partner with settling into the country. Whether this is financially, to provide accommodation, provide support if your partner requires English language courses, etc.
During the difficulties in the recent pandemic and global crisis, we were aware that many potential sponsors had unfortunately been stood down or made redundant. This does not necessarily affect their ability to sponsor their partners and this can be addressed if questioned by the Department.
We hope this breakdown of the current options and types of Australian Partner Visas has been helpful.
We've helped thousands of our clients and their Australian sponsors with Australian Partner Visas and we are focused on working diligently through the required processes.
Contact Us to work with one of our registered Australian Migration Agents to ascertain eligibility and requirements relevant to your specific circumstances.
About The Author
Amber Halverson is a registered Australian migration agent at Worldwide Migration Partners. Amber specialises in the wide array of available Australian visa sub-classes, including employer-sponsored, general skilled migration, partner, parent, tourist and Australian citizenship applications.
Disclaimer: The information in this article is general in nature and does not represent legal advice to any individual/s situation, and should not be relied on as such. Please contact us for a consultation for legal advice applicable to your individual circumstances.