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Australia Partner Visa, Few Aspects You Need to Know

Updated on July 8, 2021
Jaspals profile image

Lawyer, Consultant & Politician: Expert in Overseas Education & Immigration Matters, Traveller & Blog writer

If you are planning to apply Partner visa for Australia, this article can guide you on a few important aspects of this visa. As it is obvious from the name, this visa is for married partners and de facto partners of Australian citizens, permanent residents or eligible New Zealand citizens to enter and live in Australia. This visa is divided into few different subclasses with slightly different situations. The types of visas depending upon the type of relationship you are in. We will discuss those types briefly so that we understand the different aspects of these visas. Broadly we can divide it under given titles.

  • Prospective Marriage visa subclass 300
  • Partner Visa subclass 820 & 801 (Applied when you are in Australia)
  • Partner Visa subclass 309 & 100 (Applied when you are offshore)


Prospective Marriage Visa

Prospective marriage visa subclass 300 is for those who want to enter Australia before marriage and get married in Australia. To apply for this visa, your fiance must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. This visa is granted for the period of nine months, and during this period, you have to get married and notify the department about your marriage. Once married, holders of this visa can then apply for a Partner visa to remain permanently in Australia.

It would help if you were sponsored by a person (being your fiance(e), partner, or in some circumstances, a parent or guardian of your partner) who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen and who can satisfy the legal requirements for being a sponsor.

If you have dependent children or other dependent family members, they may make combined applications with your application provided that they meet certain requirements. It would help if you also met health and character criteria.

Partner Visa (Temporary)

Partner Visa is further divided into different subclasses. One is Partner Visa (Temporary) subclass 820. Under this visa, your stay in Australia is temporary while your application is processed for a permanent visa. This Visa allows you to live, work and study in Australia while your application is under process for a permanent Partner visa. You can travel to and from Australia as many times as you wish. While on this visa, if your relationship is genuine and still on even after the two years of applying for this visa, you can be granted a permanent visa. As above said, this visa, like another visa under subclass 801, is applied while you are in Australia.

Partner Visa (Permanent)

Partner Visa (Permanent) subclass 801 lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia permanently. It is usually only for people who currently hold a temporary Partner visa (subclass 820). You must be in Australia while this visa is applied, but you may or may not be in Australia until the application is decided. With this visa, you can live, work, study in Australia. You are also eligible to sponsor any of your relatives to visit Australia. You get all medical & health benefits. You may also apply for citizenship when eligible.

You can travel to and from Australia as many times as you want for 5 years from the date visa is granted. If you lodge a Partner visa (Onshore), as in the case of subclass 820 & 801, you may get a bridging visa immediately. However, there could be limitations on your working rights.

Partner Visa
Partner Visa | Source

Partner Visa Temporary & Permanent subclass 309 & 100

Partner Visa (Temporary & Permanent) under subclass 309 & 100 is applied when the applicant is outside Australia. Both visas are applied at the same time, and we pay only one fee. If you are granted temporary visa 309, you are eligible to be assessed to be a Permanent Partner Migrant Visa under subclass 100.

The temporary Partner visa (subclass 309) lets you come to Australia to live until a decision is made on your permanent Partner visa (subclass 100).

Your application may take a time period of up to 2 years, and you may be asked for more documents for grant of your visa. But in some cases, where you have a long term relationship before you lodge your application, your Permanent Visa may be granted immediately after the temporary Partner (Provisional) visa (subclass 309).

The Partner (Provisional) visa (subclass 309) is a temporary visa. It lasts from the date granted until a decision is made on your permanent Partner visa (subclass 100). The Partner (Migrant) visa (subclass 100) is a permanent visa – it lasts indefinitely. It starts on the date it is granted.

Requirements to apply Partner Visa

As discussed earlier, there are different provisions for Partner Visa under different subclasses; we can't prescribe any specific checklist for a partner visa. All visas may require different documents for the proper assessment of visa applications.

Requirements for subclass 820 & 801

  • An eligible Sponsor (Married or De Facto)
  • The relationship must be genuine & continuing
  • Meet health requirements
  • Meet Age requirements

Eligibility for the permanent Partner visa (subclass 100)

  • It would help if you held a temporary Partner visa (subclass 309)
  • It would help if you continued to be the spouse or de facto partner relationship unless you’re your relationship has ended, and there are special circumstances
  • You have complied with all Australian laws whilst on your temporary visa.

The eligibility criteria of subclass 309 are almost the same as subclass 820, except applied when you are outside Australia.

Prospective Marriage Visa subclass 300

This content is accurate and true to the best of the author’s knowledge and is not meant to substitute for formal and individualized advice from a qualified professional.

© 2020 Jaspal Singh


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