Overview
Partner Visas, often known as de facto visas, are a pathway forward for partners and spouses of Australian Citizens, residents, or eligible New Zealand Citizens residing in Australia.
The process involves two stages. Initially, applicants secure a Provisional Partner Visa, categorized as Subclass 820 for onshore and Subclass 309 for offshore applicants. Upon meeting the requirements for the provisional partner visa, applicants must fulfill a residency period in the country. Subsequently, couples undergo assessment for eligibility for the permanent Partner Visa, which is further divided into two categories: Subclass 801 Visa for Subclass 820 visa holders and Subclass 100 visa for Subclass 309 visa holders. These visas cater to both heterosexual and same-sex couples seamlessly.
Under the Partner Visa Stream, applicants can be sponsored by their Australian spouse, de facto partner, or interdependent partner.
Sponsors must be Australian citizens, Australian permanent residents, or eligible New Zealand citizens aged over 18 years.
If you’re considering marriage, a prospective marriage, or have a de facto relationship in Australia, exploring Partner Visa options could be your next step towards migration. Need assistance navigating the complexities of visa applications? Consider consulting with one of our migration lawyers for expert guidance tailored to your unique situation.
NB Migration Lawyers are here to give you the best chance of a successful Partner Visa application. Click here for your free consult.
Discover the key steps to a successful Partner Visa application in Australia below.
Validity
After receiving a temporary Partner Visa, it remains valid until the Australian Immigration Department reaches a decision on your permanent Partner Visa application. Upon approval of the permanent Partner Visa, you can stay in Australia permanently.
How it works
The Partner visa is a crucial pathway for the spouse or de facto partner of an Australian citizen or permanent resident to stay in Australia.
Typically, the applicant is initially granted a temporary visa (for example, 820 for onshore and 309 for offshore applicants), with the opportunity to apply for permanent residency if the relationship remains exclusive, genuine, and ongoing after the two-year waiting period. The 820 and 309 visas do not have an expiry date. It is valid for a ‘stand-down period’ of approximately two years from the original application’s lodgement. It allows you to remain in Australia with full-time work and study rights until you become eligible to apply for the 801 or 100 visa. You will be eligible for permanent residency 2 years after lodging a successful temporary partner visa application. You will be required to provide further evidence to the DHA to establish your eligibility for permanent residency, and you may be onshore or offshore when your permanent visa is granted.
The time it takes the DHA to process your application depends on its processing time service standards and varies according to the complexity of your case, perceived risk factors and processing priorities. The current estimated visa processing timeframes are available on the DHA’s website.
Different Types of Partner Visas
Partner Visas
Australia offers three types of visas designed for sponsoring your partner; these are:
- Prospective Marriage Visa (Subclass 300);
- Partner Visa Offshore (Subclass 309/100); and
- Partner Visa Onshore (Subclass 820/801).
Prospective Marriage
This visa is designed for Australian citizens and permanent residents who plan to sponsor and marry their partner from overseas and settle in Australia. It provides a secure and stable pathway for your partner to enter Australia with full-time work rights. The application will mainly focus on the genuineness of your relationship and intention to marry. After your marriage ceremony, the visa holder may be able to continue their journey towards Australian permanent residency through a Partner visa.
Partner
There are two stages:
- Stage 1: Temporary Partner visa; and
- Stage 2: Permanent Partner Visa.
Both temporary and permanent partner visas allow you to work, study and stay in Australia, and you may be eligible for Medicare.
Processing Time for Partner Visas in Australia
Although there is no specified duration for processing Partner Visa applications, on average, it takes between 16 to 24 months for completion. However, the processing period for Partner Visa applications varies due to several factors, including:
- Whether the application includes sufficient information and supporting evidence;
- Promptness in responding to requests for additional information; and
- Time required to obtain information from external sources beyond the immigration department’s scope, such as health and biometrics examinations and character checks.
It is advisable to apply for the Partner Visa well in advance of your planned travel or migration date to ensure sufficient processing time.
Additionally, refrain from making travel arrangements, such as ticket bookings or lodging, until you receive a positive outcome for your application.
