Partner Visa

    Types of Partner visas

    For those in Australia, when applying:

    1. Partner (temporary) visa (subclass) 820

      This visa is for married couples or partners in a de facto relationship.

      You are considered to be in a de facto relationship if you’ve lived together for at least 12 months. However, you must also meet the four pillars at the time of application. This includes:

      1. Financial aspects of your relationship
      2. Nature of your household
      3. Social aspects of your relationship
      4. Nature of your commitment to each other

      This visa allows you to live, work and study in Australia temporarily while waiting for permanent residency. It also allows you to travel to and from Australia and gives you access to apply for Medicare.

      To be eligible for the visa:

      • You and your partner must both be at least 18 years old and must not be closely related
      • Your sponsor must be an Australian citizen, a permanent resident or an eligible New Zealand citizen.
      • Your sponsor must not have previously sponsored more than one partner to migrate to Australia or have been sponsored for a Partner visa by another person within the last 5 years.

    2. Partner (Permanent) Visa (Subclass 801)

      This visa grants you permanent residency after having been on a temporary Partner (Subclass 820) visa for at least two (2) years after the lodgement of your 820 Partner visa.

      This visa allows you to live, work and study in Australia indefinitely and apply for Australian citizenship, if eligible.

      To be eligible:

      • You must hold a temporary Partner visa (subclass 820)
      • Have remained in the mutually exclusive relationship since lodging the initial partner visa application.
      • Be in a continuous and genuine relationship with your sponsor.

    For those outside of Australia, when applying:

    1. Prospective Marriage Visa (Subclass 300)

      If you are genuinely engaged to an Australian citizen or permanent resident, this visa allows you to come to Australia to get married. Once your visa has been granted, you will have 9 months to enter Australia and marry your fiancé. After you are married, you will need to apply for a Partner visa (subclass 820).

      To be eligible:

      • You must be at least 18 years old
      • Your sponsor must be an Australian citizen, a permanent resident, or an eligible New Zealand citizen.
      • You intend to marry your prospective spouse before the visa period ends
      • Have met your prospective spouse in person and have known each other personally at the time of application.
      • Be outside of Australia when you apply for this visa.

    2. Partner Provisional visa (subclass 309)

      This visa is similar to the subclass 820. As the de facto partner or spouse of an Australian citizen, permanent resident or New Zealand citizen, this visa allows you to live, work and study in Australia temporarily while waiting for your permanent Partner visa to be finalised or you withdraw your application.

      It also allows you to travel to and from Australia and gives you access to apply for Medicare.

      To be eligible:

      • You must be in a genuine relationship with your spouse or de facto partner, who is an Australian citizen, permanent resident, or an eligible New Zealand citizen.
      • You must have been sponsored by your spouse or de facto partner
      • You must be outside of Australia when you apply for this visa.

    3. Partner (Migrant) visa (subclass 100)

      As the de facto partner or spouse of an Australian citizen, permanent resident or New Zealand citizen, this visa allows you to live, work and study in Australia permanently and apply for Australian citizenship, if eligible.

      To be eligible:

      • You must hold a temporary Partner (Provisional) visa subclass 309
      • Continue in a genuine and ongoing relationship with your sponsor.

    4. New Zealand Citizen Family Relationship Visa (subclass 461)
      You can apply for this visa if you are a member of a family unit of a New Zealand citizen. This visa allows you to live, work, and study in Australia for up to 5 years.

      To be eligible:
      • You must not be a New Zealand citizen at the time of application
      • You must be the spouse or de facto partner of a New Zealand citizen or,
      • A dependent child of a New Zealand citizen, under or at least 18 years old.

      Your sponsor must be:

      • In Australia, as the holder of a subclass 444 Special Category visa or,
      • Outside of Australia, and travelling with you to Australia, where they will grant a subclass 444 visa.

    Please note that this is a paper-based application, which means it must be submitted by post and cannot be lodged online. As such, please ensure that you allow sufficient time to allow for delays.

    If you’re unsure which visa is best suited to your situation, please reach out to us to find out more.