Partner Migration
Overview of the Australian Partner Visa
Are you in a long-distance relationship and eager to live together with your partner in Australia? Applying for an Australian Partner Visa could be the perfect solution for you.
Eligibility for this visa includes partners of Australian citizens or permanent residents. There are various types of partner visas available, each suited to different circumstances, including the Prospective Marriage Visa (subclass 300), Onshore Partner Visa (subclass 801 and 820), and Offshore Partner Visa (subclass 309 and 100).
Understanding the distinction between onshore and offshore partner visas and identifying which subclass you qualify for can be confusing, but let’s simplify it for you.
Types of Partner Visas in Australia
Australia offers several partner and spouse visa options. If you or your partner fit the criteria for one of the visa subclasses, you might consider applying to sponsor your partner for an Australian visa.
The primary categories of partner visas available in Australia are:
- Onshore Partner Visa – Including Subclass 820 (temporary) and Subclass 801 (permanent)
- Offshore Partner Visa – Including Subclass 309 (temporary) and Subclass 100 (permanent)
- Prospective Marriage Visa, also known as the Subclass 300 Visa
Australian partner visas are processed in two stages:
- First Stage: Temporary Partner Visa
- Second Stage: Permanent Partner Visa
How Partner Visa Subclasses Function
Each Partner Visa subclass operates under specific scenarios:
- Scenario 1: If you're in Australia with a valid visa and in a committed relationship (married or de facto) with an Australian, you might qualify for the onshore Partner Visa (subclass 820/801). Start by applying for the temporary Partner Visa (subclass 820) before your current visa expires. After the grant of your 820 Visa, and a waiting period of 2 years, you can then apply for the permanent Partner Visa (subclass 801).
- Scenario 2: For those outside Australia in a relationship with an Australian, the offshore Partner Visa (subclass 309/100) could be the right choice. Begin with the temporary Partner Visa (subclass 309) application from outside Australia. Following the grant of your 309 Visa and a 2-year waiting period, you can apply for the permanent Partner Visa (subclass 100), which you can lodge while in Australia.
- Scenario 3: Engaged to an Australian and planning a wedding? The Prospective Marriage Visa (subclass 300) is designed for you. This visa, applied for from outside Australia, allows a 9 to 15-month stay to marry your fiancé(e). Post-marriage, you can apply for the onshore Partner Visa (subclass 820/801) before your subclass 300 visa expires.
Onshore Partner Visa Explained
Included Subclasses: Subclass 820 (temporary) and Subclass 801 (permanent).
Eligibility: Applicants must be in a recognized relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, encompassing de facto, registered, or marital bonds.
De-facto Relationship Defined:
A de-facto relationship is recognized between both heterosexual and same-sex couples, provided they meet these criteria:
- Not legally married to one another
- Committed to a shared life exclusively
- Relationship is genuine and ongoing
- Cohabitate (or not living separately on a permanent basis)
- Not related by family
Benefits for Temporary and Permanent Partner Visa Holders:
Temporary Partner Visa (subclass 820) holders can:
- Stay in Australia until the permanent visa is granted
- Study in Australia
- Enroll in Australia’s Medicare scheme
- Travel in and out of Australia without restrictions
Permanent Partner Visa (subclass 801) holders enjoy:
- Unrestricted stay in Australia
- The ability to study and work in Australia
- Eligibility for social security payments
- The option to sponsor relatives for Australian permanent residency
Note: Onshore partner visa applicants can freely travel to and from Australia for five years. Beyond this period, a resident return visa or another visa application may be required for re-entry.
Understanding the Difference Between Subclass 820 and Subclass 801 Visas:
We have prepared a comprehensive guide on the onshore partner visa, detailing both the temporary and permanent stages. If you’re considering applying, it’s crucial to familiarize yourself with the eligibility criteria and requirements. Click the “more details” button for in-depth information on each visa subclass.
Temporary Partner Visa Subclass 820 Overview
The Subclass 820 Partner Visa offers a path for the spouses or de facto partners of Australian citizens, Permanent Residents, or New Zealand citizens to reside in Australia on a temporary basis. This visa serves as a preliminary step towards obtaining a Permanent Partner Visa.
Essential Information for the 820 Visa in 2024:
- Eligibility requires being married to or in a de facto partnership with an Australian citizen, permanent resident, or New Zealand citizen.
- A marriage certificate is necessary if your application is based on your marital status.
- Proof of cohabitation for a minimum of 12 months is required for de facto relationships.
- Applicants must be in Australia both at the time of application and when the visa decision is made.
- Before applying for this visa, applicants should already possess a temporary visa.
- The Temporary Partner Visa (Subclass 820) enables the visa holder to remain in Australia while their application for a Permanent Partner Visa (subclass 801) is being processed or until it is cancelled.
- The cost for the main applicant of the Subclass 820 visa is typically around AUD8,850.
- Approximately 90% of applications for the partner visa subclass 820 are processed within 34 months.
Permanent Spouse Visa Subclass 801
This visa is designated for the de facto partner or spouse of an Australian Citizen, Permanent Resident, or New Zealand Citizen, granting them permanent residency in Australia.
Subclass 801 Visa Essential Information for 2024
- To apply for this visa, one must already possess the temporary partner visa subclass 820.
- The applicant is required to maintain their marital or de facto relationship with their Australian partner.
- The Partner Visa 801 enables the visa holder to reside in Australia on a permanent basis.
- The fees for the Subclass 801 visa include charges from both the temporary (subclass 820) and the permanent partner visa processes.
- Approximately 90% of applications for the partner visa 801 are processed and approved within 26 months.
Offshore Partner Visa Overview
The Offshore Partner Visa is designed for individuals who wish to apply for an Australian partner visa but are currently living outside of Australia. This visa option is available to those who are either in a de-facto partnership or are married to someone who is an Australian citizen, holds Australian permanent residency, or is an eligible New Zealand citizen.
Types of Offshore Partner Visas
This visa category includes two subclasses: Subclass 309 and Subclass 100. Subclass 309 serves as a temporary offshore partner visa, allowing the partner temporary residence in Australia, while Subclass 100 is aimed at providing permanent residency status to the partner.
Advantages of the Temporary Partner Visa (Subclass 309)
By securing the Subclass 309 visa, individuals gain several privileges similar to those enjoyed by Australian citizens, including:
- The ability to live in Australia until a decision is reached on their permanent visa application
- Permission to work in Australia
- The opportunity to study in Australia
- Enrollment in Australia’s healthcare program
- Freedom to travel in and out of Australia without restrictions
Advantages of the Permanent Partner Visa (Subclass 100)
Holders of the Subclass 100 visa are granted the following benefits:
- Permanent residency in Australia
- The ability to work and study in Australia
- Eligibility to apply for Australian citizenship, if criteria are met
- The option to sponsor relatives for permanent residency in Australia
Similar to onshore visa holders, those with an offshore partner visa can travel to and from Australia for five years. Following this period, they would need to either obtain a resident return visa or apply for another visa type to re-enter Australia.
Discover More About Offshore Partner Visas - Subclass 100 and 309
migration process, including a comprehensive overview of both Subclass 100 and Subclass 309 visas, we invite you to explore further. Our resources are designed to provide all the necessary details to help you navigate the application process successfully.
Subclass 309 Partner (Provisional) Visa Overview
The Subclass 309 visa enables the spouse or de facto partner of an Australian citizen, a permanent resident, or a citizen of New Zealand to reside in Australia on a provisional basis.
Subclass 309 Visa Essential Information for 2024
- Your partner must be an Australian citizen, a permanent resident of Australia, or a New Zealand citizen.
- If married, you need to provide a marriage certificate as proof of your relationship.
- For those in a de facto partnership, evidence of cohabitation for at least 12 months is required.
- The application must be filed from outside Australia.
- It's necessary to maintain your marital or de facto relationship with your Australian partner throughout the process.
- Holders of the Subclass 309 visa are granted temporary residency in Australia until a decision is made on their permanent Partner (Migrant) visa (subclass 100) application, or until the application is canceled.
- The application fee for the Subclass 309 visa starts from AUD 8,850.
- Generally, the processing time for a 309 visa application can extend up to 29 months.
Partner Visa (Migrant) Subclass 100
The Subclass 100 visa is designed for the spouse or de facto partner of an Australian citizen, a permanent resident of Australia, or a New Zealand citizen, allowing them to reside permanently in Australia.
Essential Information for the Subclass 100 Visa in 2024
- Applicants must have a temporary partner visa subclass 309 before they can apply for the Subclass 100 visa.
- It's crucial for the applicant to remain in a marriage or de facto relationship with their partner from Australia.
- Those granted a Subclass 100 visa are entitled to live permanently in Australia.
- The expected processing duration for 90% of applications for the partner visa subclass 100 is about 29 months.
Prospective Marriage Visa (Subclass 300 Visa)
The Subclass 300 Visa, commonly known as the Prospective Marriage Visa, is designed for individuals engaged to an Australian Citizen, Permanent Resident, or an eligible New Zealand citizen. This visa provides the opportunity to move to Australia for a duration of 9 to 15 months to marry your partner. Following the marriage, you can then apply for a Partner Visa.
Advantages of the Visa 300
The Visa 300 comes with numerous advantages, enabling you to:
- Reside in Australia for a maximum of 15 months
- Legally marry your partner within this period
- Seek employment in Australia
- Pursue education in Australia
- Travel in and out of Australia as you wish during the visa's validity
Journey from 300 Visa to Partner Visa
The path from a 300 Visa to obtaining permanent residency involves three key stages, unlike the two stages associated with other Partner Visa subclasses:
Initial Stage: 300 Visa, Marriage, and Marriage Registration
Firstly, secure a 300 Visa and once it’s granted, travel to Australia to marry your fiance. Ensure your marriage is registered before your 300 Visa expires.
Second Stage: Applying for Visa 820
Post marriage registration, and with a marriage certificate in hand, proceed to apply for the 820 Visa. It’s crucial to apply before the expiration of your 300 Visa.
Final Stage: Visa 801 Application
Following the approval of your 820 Visa, the subsequent steps mirror those of a typical onshore Partner Visa application. You’re eligible to apply for the 801 Visa two years after your 820 Visa application.
Prospective Marriage Visa Eligibility for Applicants
- Must be sponsored by your future spouse, with the sponsorship approved;
- Meet health and character requirements;
- Be 18 years of age or older.
Prospective Marriage Visa Eligibility for Sponsors
- Must be an Australian citizen, permanent resident, or an eligible New Zealand citizen;
- Sponsorship Restrictions:
- Cannot have sponsored more than one person for a Partner or Prospective Marriage Visa previously.
- Must not have sponsored another individual for these visas within the last five years.
- Cannot have been granted a Partner or Prospective Marriage Visa based on an application submitted less than five years ago.
- Should not have been convicted of a relevant offence.
Criteria for Relationship Under Subclass 300 Visa
- Plan to marry within nine months of receiving the visa
- Both parties are free to marry
- Have met in person and know each other personally
- Have a genuine intention to live as a married couple
Additional Information on the Prospective Marriage Visa
- Engagement to an Australian Citizen or Permanent Resident is required.
- Marriage must occur within 9 months of receiving the subclass 300 visa.
- There must be a genuine intention to live as a married couple.
- Application and decision must occur outside Australia.
- Processing times for the 300 visa application can reach up to 35 months.
- The application cost for the Subclass 300 visa starts from AUD8,850.
- 90% of applications are processed within 35 months.
Understanding the Prospective Marriage Visa / Subclass 300 Visa
We aim to provide our readers with the latest and most comprehensive information on the Australian prospective marriage visa.
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