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Partner Visas

By holding this subclass of visas, the spouse or defacto partner of an Australian citizen, permanent resident or eligible NZ citizen can live in Australia. This application can be submitted whilst inside or outside of Australia. Processing timeframes are currently between 12 to 15 months. In order for the applicant to qualify they must be married to or in a defacto (including same sex) relationship with an Australian citizen, Australian permanent resident or eligible NZ citizen.

The Partner visa is generally processed in two stages, the first being the grant of a temporary (subclass 820 or subclass 309) visa. This temporary visa will remain valid until a decision is made on the permanent residency application which will occur approximately two years after the submission of the temporary application. Both the temporary and permanent residency visas are submitted at the same time and both visas have full work and study rights.

The applicant must be able to demonstrate that they are in a genuine and ongoing relationship with their (Australia, Permanent Residency or eligible NZ Citizen) Partner in order for the applications to be successful at the first and second stage.

 

The visa information provided below should be used as a guide only. We encourage you to contact us for a complete and thorough assessment of your situation and visa eligibility to find the visa appropriate for your circumstances.

- Partner Temporary/Permanent
- Partner Temporary/Permanent
+ Partner Temporary/Permanent
+ Partner Temporary/Permanent

The subclass 820 and 801 visas allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia.

The temporary Partner visa (subclass 820) is the first stage towards a permanent Partner visa (subclass 801). You must be in Australia when you apply and also when this visa is decided.

You lodge one application form for your temporary and permanent visas and pay one application charge. Your application is processed in two stages, about two years apart.

- Entitlements
+ Entitlements

Temporary Partner Visa (subclass 820)

This visa permits you to:

  • stay in Australia until a decision is made about your permanent Partner visa

  • work in Australia

  • study in Australia, but without access to government funding

  • enrol in Medicare, Australia's scheme for health-related care and expenses

 

Permanent Partner Visa (subclass 801)

If you are granted a permanent visa, you are permitted to:

  • stay in Australia indefinitely

  • work and study in Australia

  • apply for Australian citizenship (if you are eligible)

  • sponsor eligible relatives for permanent residence

  • receive some social security payments

  • travel to and from Australia for five years from the date the visa is granted – after that time you will need another visa to enter Australia

- Applicant Requirements
+ Applicant Requirements

You must be married or in a defacto relationship with:

  • an Australian citizen

  • an Australian permanent resident

  • an eligible New Zealand citizen

You must be in a genuine and ongoing relationship. You must live with your partner or, if you do not, any separation must be only temporary.

Both parties must freely consent to the relationship.

- Sponsor Requirements
+ Sponsor Requirements

To qualify as a sponsor you must:

  • be an Australian citizen, permanent resident or eligible New Zealand citizen

  • be in a married or defacto relationship with your partner

  • be older than 18 years of age

 

A parent or guardian must be the sponsor if you are married and younger than 18 years of age. That parent or guardian must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

Australian permanent residents or eligible New Zealand citizens are expected to be living in Australia. Eligible New Zealand citizens may need to have a health examination or character check.

+ Partner Provisional
- Partner Provisional

The subclass 309 visa allows the spouse or defacto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to travel to and live in Australia.

- Entitlements
+ Entitlements

This visa allows you to:

  • enter Australia and stay here until a decision is made about your permanent Partner visa

  • work in Australia

  • study in Australia, but without access to government funding

  • enrol in Medicare, Australia's scheme for health-related care and expenses

- Applicant Requirements
+ Applicant Requirements

You must be outside Australia and married or in a de facto relationship with:

  • an Australian citizen

  • an Australian permanent resident

  • an eligible New Zealand citizen

                       

You must be in a genuine and ongoing relationship. You must live with your partner or, if you do not, any separation must be only temporary.

Both parties must freely consent to the relationship.

 

You can apply if you intend to marry your partner before a decision on your visa is made.

In most cases, permanent residence cannot be granted less than two years from when you lodge your application. You could be granted a permanent visa without having to fulfil the usual two-year waiting period if:

  • at the time you apply, you have been in a partner relationship with your partner for three years or more, or two years or more if you and your partner have a dependent child of your relationship

  • your partner holds or held a permanent humanitarian visa and you were in the relationship before the visa was granted and this relationship was declared to the department at the time

- Sponsor Requirements
+ Sponsor Requirements

To qualify as a sponsor you must:

  • be an Australian citizen, an Australian permanent resident or eligible New Zealand citizen

  • be married, be in a defacto relationship with your partner, or intend to marry before the visa is decided

  • be older than 18 years of age

 

A parent or guardian must be the sponsor If you are married and younger than 18 years of age. That parent or guardian must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

Australian permanent residents or eligible New Zealand citizens are expected to be living in Australia. Eligible New Zealand citizens may need to have a health examination or character check.

+ Prospective Marriage
- Prospective Marriage

The subclass 300 visa is for individuals who want to come to Australia to marry their prospective spouse. It is a temporary visa valid for nine months. The applicant must be outside Australia when lodging the application and when the visa is granted.

- Entitlements
+ Entitlements

This visa allows you to:

  • enter Australia before you marry your prospective spouse

  • travel in and out of Australia as often as you like

  • work in Australia,

  • study in Australia, but without access to government funding for tertiary study

- Applicant Requirements
+ Applicant Requirements

You must:

  • intend to marry and live as husband or wife with your prospective spouse

  • be sponsored by your prospective spouse

  • know your prospective spouse and have met in person

  • be the opposite sex to your prospective spouse (same-sex couples can apply for a Partner visa based on their defacto relationship)

  • meet age, health and character requirements

- Sponsor Requirements
+ Sponsor Requirements

To become a sponsor, you must be:

  • an Australian citizen, permanent resident or eligible New Zealand citizen

  • at least 18 years of age

Australian permanent residents or eligible New Zealand citizens are expected to be living in Australia. Eligible New Zealand citizens may need to have a health examination or character check.

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