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Australia's Partner Visa allows the spouse, fiancé, or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to join them in Australia. This visa provides a pathway to permanent residency through two stages: a temporary visa (Subclass 820/309) and a permanent visa (Subclass 801/100).
1. Visa Types
The Partner Visa is divided into two main streams: Onshore and Offshore, depending on whether the applicant is in Australia or outside Australia when applying.
Subclass 820 (Temporary, Onshore): Applied for when the applicant is inside Australia and allows them to stay in Australia while awaiting a decision.
Subclass 801 (Permanent, Onshore): After two years on the 820 visa, applicants may apply for permanent residency if their relationship is ongoing.
Subclass 309 (Temporary, Offshore): Applied for when the applicant is outside Australia and allows entry into Australia to reunite with their partner.
Subclass 100 (Permanent, Offshore): After holding the 309 visa for two years, applicants may apply for permanent residency.
2. Eligibility Criteria
Applicant Requirements
Relationship Proof: Applicants must prove they are legally married, engaged, or in a de facto relationship for at least 12 months.
Age: Applicants must be 18 years or older.
Health and Character: Applicants must meet Australia’s health and character requirements, including submitting medical checks and police clearance.
Sponsor Requirements
Eligibility: Sponsors must be Australian citizens, permanent residents, or eligible New Zealand citizens.
Sponsorship Limitations: Sponsors can only sponsor one partner every five years. If the sponsor has previously sponsored a partner or was sponsored themselves, certain restrictions may apply.
3. Relationship Evidence
The Australian government requires detailed evidence to verify the authenticity of the relationship, including:
Shared living arrangements: Rental agreements, utility bills, or property ownership proving cohabitation.
Financial proof: Joint bank accounts, shared financial responsibilities.
Social proof: Statements from family and friends, social media interactions, wedding photos, and event invitations.
Joint responsibilities: Shared insurance, travel tickets, children’s birth certificates.
4. Application Process
1. Prepare Documents
Applicants need to gather all required documentation, including proof of relationship, personal statements, and completed forms.
2. Submit the Application
Onshore visas are submitted through the Department of Home Affairs website.
Offshore visas are submitted via the nearest Australian embassy or consulate.
3. Processing Time
Temporary partner visas (820/309) generally take 12-24 months to process. Permanent partner visas (801/100) are usually applied for two years after the temporary visa is granted.
4. Rights During Processing
Temporary visa holders are generally entitled to:
Work rights
Study rights
Access to Medicare (Australia’s healthcare system)
5. Permanent Visa (Subclass 801/100)
After holding a temporary visa (820/309) for two years, applicants can apply for permanent residency (801/100), provided the relationship is still ongoing and they can provide further proof.
6. Special Circumstances
Family Violence Exemption: If the applicant suffers domestic violence, they can still apply for permanent residency without relying on the sponsor.
Relationship Breakdown: If the relationship ends during the application process, the visa is typically canceled unless there are special circumstances (e.g., shared children).
7. Visa Fees
As of 2024, the application fee for a Partner Visa is around AUD 8,000, with additional costs for medical exams and police clearances.
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