Partner Visas

Applying for a Partner visa inside Australia
These Partner Visas apply to the spouse or de facto partner of an Australian Citizen, Australian permanent resident or eligible New Zealand citizen.
If the applicant is in Australia at the moment of the application of one of the Partner Visas AND when it will be issued, he/she will be eligible to apply for the following Partner Visas :

• Temporary Partner Visa (subclass 820)
  
• Permanent Partner Visa (subclass 801)

The obtainment of the Temporary Partner Visa (subclass 820) is the first step in order to get the Permanent Partner Visa (subclass 801). There is only one application for both Temporary and Permanent Partner Visas and the fees have to be paid only once. The procedure of the application is in two steps spaced about two years apart.
These Partner Visas allow the spouse or de Facto Partner of an Australian Citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.
Requirements :
To obtain these Visas, the applicant have to be married to or in a de facto relationship with an :

• Australian Citizen
• Australian permanent resident
• Eligible New Zealand citizen

He/she has to meet the following requirements as well as the dependants’ applicant :

• Meet the Australian health requirements (health examination required)
• Meet the Australian character requirements (police certificate required)
• Do not have any debts to the Australian Government
• Provide biometrics

Married applicant
The marriage must be valid in Australia. Underage, polygamous and same-sex marriages are not legal in Australia. The marriage could be valid under limited circumstances if one person is younger than 18 years old. Same-sex couples can apply for this visa based on their de facto relationship.
De facto applicant
The applicant must have been in a relationship with his/her partner for at least 12 months before the application for the Partner Visas. If the applicant is in a relationship with his/her partner less than 12 months he/she can get the Partner Visa only if the applicant can :

• Demonstrate persuasive and compassionate circumstances (i.e. Dependent children)
• The applicant’s partner has been granted a Permanent Humanitarian Visa and the de facto relationship existed before it was granted, and the applicant noticed about the relationship to the Australian Government before the visa was granted
• The de facto relationship has been registered in Australia (not available in all countries).
• The applicant must be older than 18 years and no to be related with the partner by family

Delay :
The processing delay of the application for the Partner Visas is between 12 and 15 months. However, the procedure of the application is in two steps (subclass 820 followed by 801) spaced about two years apart.
N.B. : In certain circumstances, the Partner Visa can be granted despite the end of the relationship.

Temporary Partner Visa (subclass 820)

Conditions :
The holder of this visa can :

• Stay in Australia until deliberation of the decision of the Permanent Partner Visa (subclass 801)
• Work in Australia
• Study in Australia (without Government funding)
• Enrol in « Medicare», Australia’s scheme for health-related care and expenses

N.B. : The applicant can include his/her dependent children in the application, but not the other dependants unless he/she is hold or held a Prospective Marriage Visa (subclass 300). The dependants must be inside Australia when the applicant applies for the Visa.

Permanent Partner Visas (subclass 801)

Conditions :
The holder of this visa can :

• Stay in Australia indefinitely
• Work and study in Australia
• Apply for the Australian citizenship (if eligible)
• Sponsor eligible relatives for the Permanent Residence
• Receive some social security payments
• Travel to and from Australia during 5 years since the Visas is granted (after that time another visa is required to come in Australia)

Applying for a Partner visa outside Australia
There are 3 existing Partner Visas where the application must be done outside of Australia :

• Partner Provisional Visa (subclass 309)
• Partner Migrant Visa (subclass 100)*
• Prospective Marriage Visa (subclass 300)

The applicant must also be outside of Australia when the Partner visas are granted.
* The application of the Partner Migrant Visa (subclass 100) can be done in or outside Australia.

Partner Provisional and Migrant Visas (subclasses 309 and 100)

These Partner Visas (subclasses 309 and 100) apply to the spouse or de facto partner of an Australian Citizen, Australian permanent resident or eligible New Zealand citizen who intend to marry before the deliberation of the application of the Partner Visas and allow the applicant to live and travel in Australia.
Requirements :
To obtain these Visas, the applicant have to be married to or in a de facto relationship with an :

• Australian Citizen
• Australian permanent resident
• Eligible New Zealand citizen

He/she has to meet the following requirements as well as the dependants’ applicant :

• Meet the Australian health requirements (health examination required)
• Meet the Australian character requirements (police certificate required)
• Do not have any debts to the Australian Government
• Provide biometrics

Delay :
The obtainment of the Partner Provisional Visa (subclass 309) is the first step in order to get the Partner Migrant Visa (subclass 100). There is only one application for both Temporary and Permanent Partner Visas and the fee have to be paid only once. The procedure of the application is in two steps spaced about two years apart.

Partner Provisional Visa (subclass 309)

Conditions :
The holder of this visa can :

• Stay in Australia until deliberation of the decision of the Partner Migrant Visa (subclass 100)
• Work in Australia
• Study in Australia (without Government funding)
• Enrol in « Medicare», Australia’s scheme for health-related care and expenses

Partner Migrant Visa (subclass 100)

Conditions :
The holder of this visa can :

• Stay in Australia indefinitely
• Work and study in Australia
• Apply for the Australian citizenship (if eligible)
• Sponsor eligible relatives for the Permanent Residence
• Receive some social security payments
• Travel to and from Australia during 5 years since the Visas is granted (after that time another visa is required to come in Australia)

Applying for a Partner visa outside Australia

Prospective Marriage Visa (subclass 300)

The Prospective Marriage Visa allows the applicant to come in Australia to marry his/her prospective spouse.
Requirements :
To obtain this Visa, the applicant have to intend to marry an :

• Australian Citizen
• Australian permanent resident
• Eligible New Zealand citizen

And meet certain requirements such as :

• To prove the intention to marry and live with his/her prospective spouse
• To be sponsored by his/her prospective spouse
• To know and have met in person his/her prospective spouse
• To be the opposite sex to his/her prospective spouse
• To be older than 18 years old

He/she also has to meet the following requirements as well as the dependants’ applicant :

• Meet the Australian health requirements (health examination required)
• Meet the Australian character requirements (police certificate required)
• Do not have any debts to the Australian Government
• Provide biometrics

Conditions :
The holder of this visa can :

• Come in Australia and marry his/her prospective spouse
• Travel to and from Australia
• Work in Australia
• Study in Australia (without Government funding)
• Apply for a Temporary and Permanent Partner Visas (subclasses 820 and 801) after being married

Please contact our Australian Migration Agent for more information and assistance >