Partner Visa

Live in Australia with your Partner: The Australian Partner Visa

The Australian Partner Visa provides a pathway for couples to reunite or for partners to join their Australian spouses, permanent residents, or eligible New Zealand citizens in Australia. While this can be a life-changing opportunity, the application process involves various complexities. This guide aims to clarify the available Partner Visa options and offer essential information to assist you in effectively navigating your application.

Australian Partner Visa Options:

There are three primary Partner Visa options to consider, each catering to different circumstances:

Subclass 309/100 (Offshore Partner Visa): This visa is for individuals who are outside Australia at the time of application and are either married to or in a de facto relationship with an Australian citizen, a permanent resident, or an eligible New Zealand citizen. The application involves a two-stage process:
- Stage 1 - Temporary Partner Visa (Subclass 309): This initial temporary visa allows applicants to enter and reside in Australia with their partner while their permanent visa application is being processed. The Subclass 309 visa remains valid until a decision is made on the second stage (Subclass 100).
- Stage 2 - Permanent Partner Visa (Subclass 100): Typically, two years after lodging the 309 application, eligible applicants can apply for the permanent partner visa. Success at this stage requires demonstrating the genuine and ongoing nature of the relationship. If approved, this visa grants permanent residency in Australia.
Subclass 820/801 (Onshore Partner Visa): Designed for individuals already residing in Australia who are married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. This visa also follows a two-stage process:
- Stage 1 - Temporary Partner Visa (Subclass 820): This initial temporary visa permits you to live in Australia with your partner. Similar to the offshore visa, meeting relationship and eligibility criteria is crucial. The Subclass 820 is temporary and remains valid until a decision is reached on the permanent Partner Visa (Subclass 801).
- Stage 2 - Permanent Partner Visa (Subclass 801): Generally, applicants become eligible for the permanent visa two years after applying for the Subclass 820 visa. To qualify, you must demonstrate that your relationship is genuine and continuing. Upon approval, the permanent partner visa provides unrestricted residency in Australia, along with access to benefits such as Medicare and the potential for Australian citizenship.
Prospective Marriage Visa (Subclass 300): This visa is for individuals who intend to marry an Australian citizen, permanent resident, or eligible New Zealand citizen and then live in Australia. It allows the visa holder to enter and stay in the country for up to nine months to get married. After the marriage takes place, the visa holder can apply for an Onshore Partner Visa (Subclass 820/801) to continue residing in Australia with their spouse. This option is particularly suitable for couples in genuine, committed relationships who may not yet meet the stricter documentation requirements for an immediate Partner Visa application. The Prospective Marriage Visa has less stringent relationship proof requirements, not mandating cohabitation or formal relationship registration at the time of application. Evidence of communication (e.g., letters, calls, emails) can be used to demonstrate the couple's familiarity.

Having a clear understanding of these options will empower you to approach your Australian Partner Visa application with greater confidence and clarity.

Eligibility Criteria:

Before submitting any Australian Partner Visa application, it is crucial to understand the fundamental eligibility requirements:

Relationship Status: You must be married to or in a de facto relationship with an Australian citizen, permanent resident, or an eligible New Zealand citizen.
Genuine and Continuing Relationship: The relationship must be authentic, committed, and enduring. This is a core requirement across all partner visa types and will require substantial evidence.
Age Requirement: Applicants must generally be at least 18 years old.
Health and Character: All applicants must satisfy specific health and character prerequisites. This typically involves undergoing medical assessments and providing police clearances from any country you have lived in for 12 months or more in the last 10 years since turning 16.

Our Personalized Approach to Your Success

We offer personalized guidance and support throughout the entire application process. Our expertise ensures you submit a strong application, increasing your chances of a positive outcome.

Let us help you achieve your dream of living together in Australia. Contact Leading Edge Migration today.