Employment Visas
Australian Partner Visa Requirements for Spouse or De Facto Couples
Why Choose our Australian Partner Visa Lawyers
Successful Partner Visa Applications
A partner visa is for people who wish to reside in Australia and are in a genuine and ongoing relationship with a spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
- A de facto relationship is a relationship where two people, who may be of the same or different sex, live together on a genuine domestic basis but are not married.
- A married relationship is legally recognised under Australian law, including foreign marriages, and can also be between partners of the same or different sex.
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Do you need legal support for a successful partner visa application? As one of Australia’s leading migration law firms, Timpson Immigration Lawyers has assisted countless couples with a mutual commitment achieve permanent residency or become Australian citizens. We treat each case like family, knowing the outcome will affect your future.
Our 100% success rate for temporary or permanent partner visas guarantees a successful outcome. Find out how we can help you by Calling: +617 3166 9100
Australian Partner Visa Application – Check It Service
Be sure of your visa options before spending thousands on a partner visa application that is likely to be unsuccessful. Our popular Visa Check It service provides certainty about what to expect during the visa process.
For $770 AUD, an immigration expert will evaluate the quantity and quality of your evidence and identify any risk factors. You will receive written advice on how to improve your application before spending thousands on a visa application.
- Ask about our options for all budgets (including our $770 Check It service)
- We have clear and transparent fee structures, with no hidden costs.
Pay only for the support you need, from checking evidence to a fully managed visa process.
What Types of Australian Partner Visas are Available?
Partner visas are one of several types of Australian visas available for those wishing to live and work in Australia. The positive news is that couples in genuine and committed relationships may be eligible to apply for a partner visa in Australia.
But which visa pathway is the best for your situation? Our comprehensive legal guide helps you understand the options available for prospective partner visa applicants.
Onshore Partner Visa - 820 and 801
Onshore partner visa applicants include people in a committed and genuine relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. Once approved, they can live in Australia with the:
- De facto partner visa Australia subclass 820
- And permanent partner visa subclass 801.
Australian permanent residence visas follow a 2-step process. More about the 2nd stage here
Temporary Partner Visa Subclass 820
This process begins with the temporary partner visa (subclass 820) and progresses to the permanent visa (subclass 801). The permanent partner visa offers more benefits and privileges, including the right to work and study in Australia.
Where: When applying for and receiving the temporary visa 820, applicants must be in Australia.
How long: The process of applying for a temporary visa and later obtaining a permanent visa typically takes two years.
Eligibility requirements for Visa 802 and 801
Applicants must usually hold a substantive visa (any visa apart from a bridging, criminal justice, or enforcement visa) at the time of application, and their current visa status is essential for eligibility.
- To be eligible for a temporary partner visa, applicants must provide evidence that shows that are in a genuine and ongoing relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen who will sponsor them.
- The relationship can be either a marriage or a de facto relationship.
- Applicants must also meet health and character requirements.
- You must be in Australia before you apply for a partner visa
Prospective Marriage Visa Subclass 300
Those who intend to be in a married relationship with an Australian may be eligible to lodge a prospective marriage visa application. A prospective marriage subclass 300 visa allows you to marry your spouse and later apply for permanent residency.
Where: When lodging an application, the partner must be living outside Australia and enter the country before becoming legally married.
How long: The prospective marriage subclass 300 is a temporary visa that lasts nine months.
Eligibility requirements for Visa 300
- Minimum 18 years
- Engaged to an Australian citizen, permanent resident or eligible New Zealand citizen
- Dedicated to marrying an Australian citizen or permanent resident within the visa period
- You must have personally known your prospective spouse, or de facto partner, at the time of your visa application and have met them face-to-face as an adult since turning 18.
- Satisfy the health and character requirements.
- Provide statutory declarations from a witness.
Offshore Partner Visa 309/100
A spouse or de facto partner of Australian citizens, permanent residents, or eligible New Zealand citizens applying from countries outside Australia can apply for the 309/100 visa, starting with the temporary 309 visa and later transitioning to the permanent 100 visa.
Where: You must be living outside Australia when lodging a 309 partner visa application
How long: Progressing from a 309 temporary visa to a permanent visa takes about two years.
What are the eligibility requirements for Visa 309/100?
- Must be sponsored by a de facto partner or spouse who is an Australian citizen, permanent resident or eligible New Zealand citizen, with whom you share a genuine and ongoing relationship.
- Be living outside Australia when making an application
- Satisfy the health and character requirements
Family Violence
Australian permanent residents who are victims of family violence can remain eligible for Australia’s de facto partner visa even if the relationship ends.
Where: Based on the type of visa and circumstances, family violence victims can apply either inside or outside Australia.
How long: The timeframe corresponds with the type of visa, which means the applicant can live in Australia during the assessment process.
What are the eligibility requirements under the family violence provisions?
- Applicants must have proof of family violence.
- You need to possess or have already applied for either a temporary partner visa or a Prospective Marriage (subclass 300) visa.
- Must satisfy all standard visa requirements other than being in an ongoing relationship
De Facto Relationship Rights in Australia
Because the Australian government accepts both same-sex and opposite-sex de facto relationships for partner visa applications, de facto partners in Australia have similar rights of legally married couples. To be eligible for a partner visa, de facto partners need to:
- Show that they have an ongoing and genuine relationship
- Prove they have lived together for at least 12 months.
- Prove that you do not live apart on a permanent basis
- Present evidence such as joint bank account statements, shared utility bills
- To bolster their claims, provide statutory declarations from friends and family
You should also have evidence such as:
- Joint bank account statements and shared utility bills
- Joint ownership of property and other assets
- Joint responsibility of living arrangements and household tasks
- Joint invitations as a couple
The most important requirement for partner visa applications is the commitment and authenticity of the de facto relationship, which these documents help prove.
What are the Responsibilities of Australian Citizen Sponsors?
During the partner visa process, Australian citizens who are sponsoring a visa applicant have important duties. They have to:
- Show they have a mutual commitment to a shared life together
- Give their partner ongoing financial help
- Make sure the visa applicant has a place to stay
- Meet certain health and character standards
If you don’t meet these requirements, you could be denied a partner visa or have it cancelled. A de facto partner sponsor should seek professional help to fully understand their responsibilities and ensure they meet all the requirements of the partner visa process. This will help both the sponsor and the applicant have a successful outcome.
Australian Partner Visa Application Process
Applying for an Australian partner visa is a complex process with several common pitfalls. Our expert migration specialists have a combined legal experience of over 47 years and have helped thousands of people achieve Australian citizenship.
Here is an overview of the Australian visa process.
1. First Meeting with a 309/100 Lawyer
First, you consult our experienced partner visa lawyers, who will listen and take the time to understand your unique circumstances. They will do the following:
- Explain the legal requirements
- And the evidence you need to successfully become an Australian citizen
2. Prepare the Required Documents
Supporting documents for the Australian partner visa include identification, relationship proof, and health evidence. Our migration team will review your existing documents, identify any risks and help you prepare a complete and accurate permanent visa application.
- You may need to provide a national identity card as part of your identity documents.
- Health examinations and character documents
- If you have been previously married, divorced, or separated, you may need to provide:
- A marriage certificate
- Divorce document
- Or separation documents as official proof of your marital status changes
If your spouse has died, death certificates may be required to verify your relationship history and eligibility.
3. Lodge Permanent Partner Visa Application
Next, we lodge your application with the Australian Department of Home Affairs, ensuring compliance with their requirements and time frames.
If your visa is refused, you should seek legal advice promptly to understand your options.
4. Ongoing Legal Support
We offer comprehensive legal support throughout the entire process. You can relax knowing our 99.6% success rate means you have a high chance of becoming a partner visa holder.
Bridging Visa Options During Your Application
If you apply for a partner visa while in Australia, you will usually be granted a Bridging Visa A (BVA). While your partner visa application is being processed, this bridging visa lets you stay in Australia legally.
- If you wish to leave and come back to Australia while your BVA is being processed, you must apply for a Bridging Visa B (BVB)
- This allows you to leave Australia for a short time and then return while your partner visa application is still being processed.
You could also be granted a bridging visa if your current visa expires while applying for a permanent visa.
If you are a bridging visa holder, always let your migration advisor know before you make any travel plans. This step will help you stay eligible and not risk your ability to enter Australia.
Including Family Members in Your Partner Visa Application
You can include eligible family members, such as dependent children, in your partner visa application. This process involves providing supporting documents, such as birth certificates and evidence of dependency, for each family member.
The Australian citizen or permanent resident who is sponsoring the application must also demonstrate their financial capacity to support all included family members.
Spouse or Partner Visa Processing Time
How long it takes for an Australian partner visa to be approved depends on a range of factors including:
- If you are applying from inside or outside Australia
- The accuracy of your application
- The quality of supporting evidence
- If security and health checks require further assessment
- The current workload of the Department of Home Affairs
The conditions of your current substantive visa will remain in place until you receive a decision.
| Type of Australian Partner Visa | Processing Timeframe |
|---|---|
|
Subclass 820/801 (onshore) |
|
|
Subclass 309/100 (offshore) |
|
|
Subclass 300 (Prospective marriage visa) |
The visa for those planning to marry an Australian permanent resident or citizen can take 12-26 months. |
Cost of Partner Visa Australia
The Australian partner application fee changes based on the type of provisional partner visa, but here is a breakdown of the current costs.
| Type of Australian Partner Visa | Cost |
|---|---|
|
Partner visa subclass 820 and 801 |
From AUD $9,365 |
|
Prospective marriage visa subclass 300 |
From AUD $9,365 |
|
Partner visa 309/100 (apply from overseas) |
From AUD $9,365 |
| Charges for Additional Applicants | Cost |
|---|---|
|
Additional applicants 18 and over |
From AUD $4,685 |
|
Additional applicants below 18 |
from AUD $2,345 |
How Our Partner Visa Immigration Lawyers Help
Need help for a successful partner visa application? Our immigration lawyers are here to help. We are experts in the field of migration and specialise in partner visas. Getting a visa in Australia can be a daunting and confusing process, but with the right help, you can achieve Australian citizenship. Call Now (07) 3166 9100
- Get peace of mind with our 99.6% Success Rate
- We have options—including our $770 Check It service—to suit almost every budget
- We take away the risk, stress, and uncertainty
- We have a clear and transparent fee structure
- We have in-depth experience with character, health, and LGBTQI visas
- We understand how important these cases are to each client
- Our single goal is to get you that YES
Australian Partner Visa FAQs
What are the requirements to apply for a partner visa in Australia?
Successful Australian partner visa holders typically must be in a genuine and ongoing relationship (either married or de facto) with either an:
- Australian citizen
- Permanent resident
- Or an eligible New Zealand citizen
Your partner must sponsor you. You will also need to provide evidence and meet character and health requirements.
What is the Australian partner visa rejection rate?
Although the Department of Home Affairs does not release specific partner visa rejection rates, knowledgeable immigration lawyers estimate that (depending on the applicant’s circumstances and the quality of the application), the rejection rate may vary from 10% to 20%. Typical reasons for rejection include the following:
- Not enough proof of a genuine and ongoing relationship
- Not meeting the health or character requirements
- False or inconsistent information
Applications for partner visas that are properly prepared and backed up by comprehensive documentation typically have a higher chance of being approved.
What is the 5 year rule for a partnership visa?
The five year rule means you will not be eligible to sponsor another partner for a minimum of years of the date when you first visa application was submitted, if you became an Australian permanent resident through a partner visa.
Can I work while waiting for an Australian partnership visa?
You can usually work while waiting for your partner visa application to be processed.
How long do you have to be together for a partner visa in Australia?
De facto partners must be able to prove they have been living together for at least 12 months immediately before applying for an Australian partner visa.
How long does it take to get an Australian partner visa?
The processing times for partner visas typically vary between 12 to 24 months.
- The time required generally depends on the type of visa and the quality of evidence.
- There can also be delays for health and character checks.
How much money do you need for a partner visa to Australia?
For an Australian partner visa (Subclass 820/801), the principal application fee is AUD 9,365; extra fees apply for children and other family members.
What is the difference between visa 820 and 309?
Visas 820 and 309 are both temporary visas that can lead to permanent partner visas. The primary difference lies in the applicant’s location at the time of application.
- Visa 820: The applicant is already living in Australia
- Visa 309: The applicant is living in another country
How do I apply for an Australian partner visa?
To apply for an Australian partner visa, create an online ImmiAccount, complete Form 47SP for the applicant and Form 40SP for the sponsor, pay the fee, and lodge the application with supporting documents.
Can I travel outside Australia during processing of a partner visa application?
You may travel outside Australia temporarily while your application is being processed, provided you hold a valid visa and comply with its conditions.
Why is a partner visa so expensive?
There are several reasons why Australian partner visa application fees are expensive:
- The two-stage application process requires more work (compared with a one stage process)
- The high demand for Australian passports permits allows for higher prices
- Extra checks for health and character requirements increase the price