Who are Partner Visas for?
The Partner Visa subclass 820/801 (for onshore applicants) and 100/309 (for offshore applicants) allows the spouse or de facto partner of an Australian citizen, a permanent resident or an eligible New Zealand citizen, to live in Australia.
Being available to both heterosexual and same-sex couples, this two-stage visa is an ideal pathway towards gaining permanent residency provided you are in a married or de facto relationship. Applicants will need to be sponsored by their spouse or de facto partner.
As a part of the two-stage process, successful applicants are initially granted a Provisional 820 or 309 visa (depending on their location) and are reassessed two years later for the Permanent 810 or 100 visa (depending on their initial visa). Both visas are applied for in the same application, however, in certain circumstances, you may be eligible to apply under the Permanent subclass.
Am I Eligible for a Partner Visa?
In order to apply for a 820 visa, you must be in Australia when you are applying for this visa. If you are outside of Australia, you may be able to apply for the Partner Visa Subclass 309 visa which has similar requirements to the onshore visas described here. Results Migration can assist you in determining which visa is the appropriate for you.
- Marital Relationship
If you are in a marital relationship you must satisfy the following elements to qualify for your visa:
Your marriage must be considered legal under Australian law. If you were married outside of Australia, and your marriage is valid in that country, it will usually be considered legal under Australian law. Non-recognised marriages in Australia would include same-sex marriages, underage or polygamous marriages.
- De-Facto Relationship
If you are in a de facto relationship you must demonstrate that:
Your de facto relationship has existed for at least 12 months before applying for the visa.
Please note Same-sex couples can apply under this subclass and use the same criteria.
If you are in either a marital or de facto relationship, you must show a mutual commitment to a shared life as husband and wife (or as de facto partners), to the exclusion of all others:
- You and your partner must be living together or, if not, any separation of living arrangements must only be temporary;
- You must have a genuine and continuing relationship with your partner; and
- You must comply with certain health and character requirements.
- Once you have held either your 820 or 309 visa, you will then be able to apply for your permanent 801 or 100 visa. When applying for your permanent visa, you must continue to be in a spousal or de facto relationship, unless you are subjected to special circumstances which resulted in your relationship ending. In addition to this, you must have complied with all Australian laws while you were on your temporary visa.
Fees & Costs: From AUD9,095.00 for most applicants. From AUD1,515 for Prospective Marriage visa (subclass 300) holders.
Entitlements of a Partner Visa
The subclass 820 and 309 (provisional) visas will allow you to:
- Remain in Australian until a decision has been made about your permanent Partner visa;
- Work in Australia;
- Study in Australia, but with no access to government funding for tertiary study;
- Be a part of Australia’s scheme for health-related care and expense, by enrolling in Medicare
Once the Department has made a decision regarding your subclass 801 or 100 (Permanent) visa you will receive permanent residency rights. If this is granted you can:
- Stay in Australia indefinitely, and travel to and from Australia without restrictions;
- Work and study in Australia;
- Apply for Australian citizenship once you become eligible;
- Sponsor relatives; and
- Receive some social security payments.
