What is an Australian Partner Visa? The Insider's guide to securing an Australian partner visa!

What is an Australian Partner Visa?

An Australian Partner Visa allows the spouse or de facto partner of an Australian citizen or permanent resident to live and work in Australia. The visa is designed to help couples stay together while they build a life in Australia. There are three types of Australian Partner Visas:

1. Onshore partner visas (Subclass 820/801) - Ideal for applicants who are currently in Australia with their Australian resident partner.

2. Offshore partner visas (Subclass 309/100) - Ideal for applicants who are currently residing overseas while their Australian partner maybe either living with them or living overseas.

3. Prospective Marriage Visa (Subclass 300) - Ideal for applicants residing overseas who are not yet married or in a de facto relationship with their Australian resident partner.

Who is eligible for an Australian Partner Visa?

To be eligible for an Australian Partner Visa, you must be in a genuine and ongoing relationship with an Australian citizen or permanent resident. You may either be married or in a de facto relationship. However, if you are in a de facto relationship you should generally be in this relationship for at least 12 months (some exemptions are available in limited circumstances) You must also meet health and character requirements, and provide evidence of your financial ability to support yourself in Australia.

What is the Partner Visa (Subclass 820/801)?

The Partner Visa (Subclass 820/801) is for applicants who are already in Australia on a temporary visa and want to stay in the country with their partner.

The visa is granted in two stages: the temporary stage (Subclass 820) and the permanent stage (Subclass 801). You can apply for both stages at the same time, but you will only be granted the temporary visa first. After two years, if you are still in a genuine and ongoing relationship with your partner, you can apply for the permanent visa.

What is the Partner Visa Subclass 309/100? 

The Partner Visa (Subclass 309/100) is identical to the above visa, however, it is for applicants who are currently residing outside Australia.

If both you and your partner are living outside Australia, your partner must demonstrate that they have sufficient ties to Australia and that they will be moving back to reside in Australia.  

What is the Prospective Marriage Visa (Subclass 300)?

The Prospective Marriage Visa (Subclass 300) is for applicants who are engaged to be married to an Australian citizen or permanent resident. The visa allows the applicant to enter Australia and remain in the country for up to 9 months. During this time, the applicant must marry their partner and apply for a Partner Visa (Subclass 820/801) before the Prospective Marriage Visa expires.

How to apply for an Australian Partner Visa?

To apply for an Australian Partner Visa, you must first gather all the necessary documents and evidence to prove your relationship and eligibility. This includes a police clearance certificate, health examination, and financial documents. You must then submit your application online, pay the application fee, and wait for the Department of Home Affairs to process your application. Processing times can vary depending on the type of visa and individual circumstances.

In conclusion, an Australian Partner Visa is a great way for couples to stay together while building a life in Australia. If you're in a committed relationship with an Australian citizen or permanent resident, and meet the eligibility requirements, you may want to consider applying for an Australian Partner Visa.

At MJ Legal we have guided many successful applicants on applying for a partner visa. Our lawyers are experts in the visa process and will advise you on how to obtain the outcome in the shortest possible time. Contact us today to achieve success in your application!