Partner Visas
Australia offers Partner Visas for individuals in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. These visas are designed for those wishing to live with their partner in Australia.
Partner Visa (Subclass 309 and 100)
A. Provisional Partner Visa (Subclass 309)
The Partner visa (subclass 309 and 100) is a two-stage process for individuals outside Australia who are in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. This visa allows the partner or spouse to live in Australia temporarily and, upon meeting certain criteria, transition to permanent residency.
Eligibility Criteria:
To apply for the Subclass 309/100 Partner visa, you must:
-
Be 18 years or older:
Both the applicant and the sponsor must be at least 18 years of age at the time of application. -
Be in a genuine and ongoing relationship:
You must be either: Legally married, or In a de facto relationship (usually for at least 12 months before applying, unless registered under state/territory law in Australia). -
Be outside Australia:
You must lodge the Subclass 309 application while outside Australia. -
Be sponsored by an eligible partner:
Your partner must be an Australian citizen, permanent resident, or eligible New Zealand citizen. -
Meet health and character requirements:
This applies to both the applicant and any dependent family members included in the application. -
Provide supporting documentation:
Evidence of shared finances, household, social recognition, and commitment is required.
B. Permanent Partner Visa (Subclass 100):
The subclass 100 visa is granted to applicants who hold the subclass 309 (Temporary Partner Visa) and are approved for permanent residency.
Eligibility Criteria:
To apply for the subclass 100 visa, you must:
- Hold a valid temporary Partner visa (subclass 309): The subclass 100 visa is typically granted to individuals who hold a temporary subclass 309 visa.
- Be in a genuine and ongoing relationship: You must continue to be in a genuine and ongoing relationship with your sponsor.
- Meet health and character requirements: This applies to both the applicant and any dependent family members included in the application.
Duration:
- Permanent residency, allowing you to live, work, and study in Australia indefinitely.
Partner Visa (Subclass 820 and 801)
A. Temporary Partner Visa (Subclass 820)
The Partner visa (subclasses 820 and 801) is a two-stage visa process for individuals who are the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen. This pathway allows you to live, work, and study in Australia, with the potential to transition to permanent residency.
Eligibility Criteria:
To be eligible for the Partner visa (subclass 820/801), you must:
-
Be 18 years of age or older:
Both the applicant and the sponsor must be at least 18 years old at the time of application. -
Be in Australia when applying:
This is an onshore partner visa. You must be in Australia at the time you lodge the visa application and when a decision is made on the temporary subclass 820 visa. - Be in a genuine and ongoing relationship with your sponsor, who must be:An Australian citizen, An Australian permanent resident, or An eligible New Zealand citizen.
- Be legally married or in a de facto relationship: For a de facto relationship, you usually must have been in the relationship for at least 12 months, unless it’s registered under Australian state or territory law.
-
Meet health and character requirements:
You and any dependent applicants must undergo health examinations and provide police clearance certificates. -
Not have had a visa cancelled or a previous application refused (with limited exceptions):
If you are unlawful or hold certain visa types, special conditions may apply.
Duration:
- This is a temporary visa, but it is the first stage leading to permanent residency.
B. Permanent Partner Visa (Subclass 801)
This permanent visa allows you to live permanently in Australia with your partner.
Eligibility Criteria:
- You must apply for the subclass 801 visa after being granted the subclass 820 visa (or apply for the permanent visa as part of a combined application if you are outside Australia).
- You must show that you and your partner have had a genuine, ongoing relationship since your initial visa application.
- The permanent visa is usually granted two years after the temporary visa (subclass 820) is issued.
Duration:
- Permanent residency, allowing you to live, work, and study in Australia indefinitely.
Prospective Marriage Visa (Subclass 300)
The Prospective Marriage Visa (subclass 300) is a temporary visa that allows individuals engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen to enter Australia and marry their partner. After the marriage, you can apply for a Partner Visa to stay in Australia permanently.
Eligibility:
To be eligible for the Subclass 300 visa, you must:
- Be outside Australia when applying: Applications must be lodged and granted while the applicant is outside Australia.
- Be 18 years or older: Both the applicant and the sponsor must be at least 18 years old.
- Be engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen: The sponsor must be willing and able to support your application.
- Intend to marry within nine months: You must marry your sponsor in Australia within nine months of the visa grant date.
- Have met your sponsor in person: You must have met your sponsor face-to-face at least once.
- Sponsor: Your Australian partner must be your sponsor. They must be Australian citizens, permanent residents, or eligible New Zealand citizens. Your sponsor must be over 18 and meet certain character and background checks.
- Health and Character Requirements: You must meet health and character requirements. This may include undergoing medical examinations and providing police clearances from any country you have lived in for 12 months or more over the past 10 years.
- No Dependents: You cannot have dependent children on this visa. Any children under 18 who intend to accompany you to Australia should be included in your application for the partner visa later.
If you believe one of these visa options may be suitable for your circumstances and could support your pathway to settling in Australia, we invite you to book a consultation with us. Let 26 Degrees Migration be your trusted partner in achieving your migration goals with confidence and clarity.
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