Partner visa in Australia

Partner visa melbourne

Partner visa is included in the Family visa category and account for the majority of visa granted in this category. The visas allow the married spouses or de facto partners of Australian citizens, permanent residents or Eligible New Zealand citizens (ENZC) to travel to Australia or remain in Australia with their partner. There is also a pathway for people who are engaged to Australian citizens or permanent residents or ENZC, to travel to Australia on a temporary visa to marry their partner and apply to stay in Australia.

This visa are processed in two stages – the visa applicant partner first applies for a provisional visa, and then a permanent visa. They must be sponsored by a partner and that sponsorship must be approved.

WHAT ARE THE CRITERIA FOR A PROVISIONAL PARTNER VISA?

Applicant’s are required to satisfy different criteria to qualify for a provisional partner visa depending on whether they are married to their partner or are living in a de facto relationship with their partner.

Married applicants

  • Your marriage must be valid and legal under Australian law. Underage, polygamous and same-sex marriages are not legal in Australia.
  • The marriage must be genuine and ongoing.
  • You must also be older than 18 years of age and not be closely related to your partner.
  • While same-sex marriages are not recognised in Australia, same-sex couples can apply for this visa based on their de facto relationship.

De facto applicants

  • Usually de facto relationships must have existed for at least 12 months immediately before an applicant applies for a provisional partner visa (subclass 820 onshore or subclass 309 offshore).
  • Time spent dating does not count towards a de facto relationship.
  • You can be granted a visa without having been in a de facto relationship for 12 months if:-
    • You can demonstrate compelling and compassionate circumstances, such as having dependent children
    • your de facto relationship has been registered in Australia (this is not available in all states and territories and the requirements vary from state to state)
  • You must be older than 18 years of age and not be closely related to your partner.

How long will a subclass 820 onshore provisional partner visa or a subclass 309 offshore provisional partner visa last?

Your provisional partner visa is valid until:

  • A decision is made on your permanent partner visa application
  • You are granted another type of visa
  • Your provisional partner visa is cancelled
  • You withdraw your application for a permanent partner visa

Need help with a Partner Visa? Contact us!

WHEN WILL I BE ELIGIBLE FOR A PERMANENT PARTNER VISA?

Approximately 24 months after you lodge your combined provisional and permanent partner visa application you will be contacted by the DIBP to assess your eligibility for the permanent partner visa.

When you are contacted by the DIBP:

You must demonstrate that you are still living with your partner in a genuine and continuing relationship.

If the relationship has broken down before the permanent visa is granted you are obliged to notify the DIBP of the breakdown and the DIBP will provide you with the opportunity to make alternative visa arrangements.

In certain circumstances you may still be granted a permanent partner visa:-

  • If there are Australian citizen children from the relationship or
  • There is clear evidence of domestic violence towards you by your partner.

What conditions are attached to a subclass 801 or a subclass 100 permanent partner visa?

There are no conditions attached to either of the subclass 801 or the subclass 100 permanent partner visas.

Even if the relationship breaks down at a later date the visa cannot be cancelled.  The visa holder can apply for Australian citizenship when they meet the citizenship criteria.

Need us to handle your partner visa application? Contact us!

WHAT ARE THE BENEFITS OF A PARTNER VISA (SUBCLASSES 820 AND 801)?

The Temporary Partner visa allows you limited benefits, including:

  • Live and work in Australia until a decision is made about your permanent Partner Visa (Subclass 801)
  • Study in Australia (without access to government funding)
  • Enrol in Medicare, Australia’s scheme for health-related care and expenses
  • Include dependent children on your application (dependent applicants must be in Australia when they apply)

The Permanent Partner Visa (Subclass 801) includes all the benefits of Australian permanent residency:

  • Work and live in Australia indefinitely
  • Opportunity to study in Australia
  • Enrol in Medicare, Australia’s state-run healthcare program
  • Opportunity to apply for Australian citizenship
  • Sponsor relatives for permanent residence
  • Travel in and out of Australia as you please

PARTNER VISA APPLICATION CHARGE

Price updated on 09 August 2017

Partner visa: Offshore (subclass 309/100)
Base Application Charge
Additional Application Charge (18 and over)
Additional Application Charge (under 18)
$7,000
$3,505
$1,755
Partner visa: Onshore (subclass 820/801)
Base Application Charge
Additional Application Charge (18 and over)
Additional Application Charge (under 18)
$7,000
$3,505
$1,755
Partner visa: Onshore (subclass 820/801) from Prospective Marriage visa
Base Application Charge
Additional Application Charge (18 and over)
Additional Application Charge (under 18)
$1,480
$ 740
$ 370

First Migration helps you complete your visa application quickly and accurately, provides 24/7 email support, telephone support Monday-Friday: 9 a.m – 6 p.m. and prepared all the forms you need for your application.

If you would like to have your application managed by experts who can get you the best outcome, then contact us and talk with us about how we can help.