Partner Visas

Partner Visas

Offshore partner provisional visa (subclass 309)

Offshore partner provisional visa (subclass 309) is a temporary Partner visa which allows you to stay in Australia while the permanent Partner (Migrant) visa (subclass 100) is processed.

Offshore partner provisional visa (subclass 309)

Offshore partner provisional visa (subclass 309) is a temporary Partner visa which allows you to stay in Australia while the permanent Partner (Migrant) visa (subclass 100) is processed.

  • You must be outside Australia when you lodge your application and when a decision is made on the temporary Partner visa.
  • To meet the relationship requirements, you must be the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Your relationship can be with someone of the same or different sex. 
  • Married applicants would have to provide evidence of their marriage.
  • De facto partners usually have to show their de facto relationship has existed for at least 12 months immediately before you apply for the visa. There may be some exceptions to this rule depending on your circumstances.
  • You must have an approved sponsor when you lodge your application and when you are on this visa. You cannot change your sponsor. 
  • Married applicants must usually, be 18 or older when they apply under Australian law. Applicants in de facto relationships must be 18 or older when they apply.
  • You and your dependents must meet immigration health and character requirements.
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Partner (migrant) visa (subclass 100)

Partner visa (subclass 100) is a permanent visa that It lets you stay in Australia indefinitely. You become a permanent resident on the day the visa is granted.

You can travel to and from Australia as many times as you want for 5 years from the date this visa is granted. After this time, you will need to apply for and be granted a Resident Return (RRV) so that you can re-enter Australia as a permanent resident or, you might also consider becoming an Australian citizen if you meet the requirements, in which case you will not need a visa to enter Australia.

Partner (migrant) visa (subclass 100)

Partner visa (subclass 100) is a permanent visa that It lets you stay in Australia indefinitely. You become a permanent resident on the day the visa is granted.

You can travel to and from Australia as many times as you want for 5 years from the date this visa is granted. After this time, you will need to apply for and be granted a Resident Return (RRV) so that you can re-enter Australia as a permanent resident or, you might also consider becoming an Australian citizen if you meet the requirements, in which case you will not need a visa to enter Australia.

  • You must hold a Partner (Provisional) visa (subclass 309)
  • You must continue to be the spouse or de facto partner of the same person who sponsored you for the temporary visa. The sponsorship must be approved. You must: 
  • be married or in a de facto relationship
  • have a genuine and continuing relationship
  • live together, or not live permanently separately and apart
  • be mutually committed to a shared life excluding other partners
  • You might still be granted the temporary visa if your relationship has broken down or if your sponsor died.
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Partner visa subclass 820 (temporary)

This is also known as the onshore partner visa. It will allow you as the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia temporally. This visa is granted first and after 24 months you may be eligible for a permanent Partner visa subclass 801.

Partner visa subclass 820 (temporary)

This is also known as the onshore partner visa. It will allow you as the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia temporally. This visa is granted first and after 24 months you may be eligible for a permanent Partner visa subclass 801.

  • You must be the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Your relationship can be with someone of the same or different sex. 
  • Married applicants: 
  • you and your spouse must both be in a committed relationship to the exclusion of all others. You must be living with your spouse or not be living apart on a permanent basis.
  • you must be in a genuine and ongoing marriage which must be valid under Australian law
  • De facto relationship:
  • you are not married to each other but you are committed to a shared life to the exclusion of all others.
  • Your relationship must be genuine (you are not related by family) and continuing. 
  • You must be living together or not living separately and apart on a permanent basis.
  • Usually your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. Depending on your circumstances the 12-month requirement may not apply.
  • Married applicants must usually, be 18 or older when they apply in compliance with Australian law. Applicants in de facto relationships must also be 18 or older when they apply.
  • At the time of application, you and your dependents must be in Australia, but not in immigration clearance.
  • you must also be in Australia when the decision is made on your temporary visa application. You will also have the option of adding a dependent child after the temporary visa is granted.
  • If you are not eligible for Medicare, it is recommended that you take out private health insurance. If you are not covered, you will be personally liable for any unforeseeable healthcare costs while you are in Australia.
  • You and your dependents must meet immigration health and character requirements.

Partner visa subclass 801 (permanent)

Partner visa subclass 801 is a permanent visa that allows you stay in Australia indefinitely when your visa is granted. If you wish to apply for Australian citizenship you must note that your permanent residency starts on the day the visa is granted if you are in Australia or on the day you enter Australia after the visa is granted, if you are outside Australia.

Partner visa subclass 801 (permanent)

Partner visa subclass 801 is a permanent visa that allows you stay in Australia indefinitely when your visa is granted. If you wish to apply for Australian citizenship you must note that your permanent residency starts on the day the visa is granted if you are in Australia or on the day you enter Australia after the visa is granted, if you are outside Australia.

  • You must hold a Partner (Temporary) visa (subclass 820) and continue to meet relationship requirements.
  • You must continue to be the spouse or de facto partner of the same person who sponsored you for the temporary visa. The sponsorship must be approved. You must:

 

  • be married or in a de facto relationship
  • have a genuine and continuing relationship
  • live together, or not live permanently separately and apart
  • be mutually committed to a shared life excluding other partners

Prospective Marriage visa (subclass 300)

Prospective Marriage visa subclass 300 is a temporary visa that allow you to stay in Australia for up to 9 months from date of grant of visa. The visa period starts on the date it is granted. You can add a dependent child to your application, travel outside Australia and return as many times as you want while the visa is valid. You can work and study in Australia at your own expense.

Prospective Marriage visa (subclass 300)

Prospective Marriage visa subclass 300 is a temporary visa that allow you to stay in Australia for up to 9 months from date of grant of visa. The visa period starts on the date it is granted. You can add a dependent child to your application, travel outside Australia and return as many times as you want while the visa is valid. You can work and study in Australia at your own expense.

  • You must be sponsored by an approved prospective spouse.
  • You must be outside Australia when you apply and when the department decides on your application.
  • Your arrival into Australia on the Prospective Marriage visa must be before the date which is specified on your visa grant letter. Before the expiry of your visa you must have married your prospective spouse. Your marriage can take place in Australia or another country, but your marriage must be valid under Australian law.
  • Having health insurance is quite important to cover any unforeseen medical treatment you might need in Australia. You will be personally liable for all your healthcare costs in Australia while you are on this visa.
  • Special note for New Zealand passport holders: It is important they advise the immigration officer at the border they hold a Prospective Marriage visa. If the immigration officer is not advised you might be granted a Special Category visa (subclass 444). Grant of a subclass 444 visa will cease your Prospective Marriage visa.
  • You must be 18 years old or older when you apply for the visa.
  • You and any dependents on this visa must meet immigration health and character requirements.
  • You might not be eligible for this visa if you have had a visa cancelled or refused while you were in Australia
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Once you have this visa granted you can start your application for a Partner visa (subclass 820 and 801). This will need to be done after you are married, and before the expiry of your Prospective Marriage visa. The fees for the Partner visa will be less if you apply for it while your Prospective Marriage visa is still valid.

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