Everything You Need to Know About Partner Visas

If you’re planning to bring your partner to Australia or join your partner in Australia, the Partner Visa is likely your best option. Whether you’re married, in a de facto relationship, or engaged, the Partner Visa allows you to live, work, and study in Australia while you are with your significant other. In this post, we’ll walk you through everything you need to know about applying for a Partner Visa, including eligibility requirements, the application process, and what to expect.

What is a Partner Visa?

A Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. There are two types of Partner Visas that can be applied for within Australia:

Temporary Partner Visa (subclass 820): This visa allows you to live in Australia temporarily while your permanent Partner Visa application is processed.
Permanent Partner Visa (subclass 801): This visa allows you to live in Australia permanently. To get this, you must first apply for the Temporary Partner Visa and then transition to the Permanent Visa once you meet certain criteria.

In addition to the subclass 820/801 visas, there’s also a Partner Visa (subclass 309/100) for applicants who are outside Australia at the time of application or when the visa is granted.

Temporary Partner Visa (subclass 309): For applicants who are outside of Australia, the subclass 309 visa allows you to enter and live in Australia temporarily while your Permanent Partner Visa application is processed.
Permanent Partner Visa (subclass 100): Once the subclass 309 visa is granted and after a waiting period of typically 2 years, you can transition to the subclass 100 visa, which is the Permanent Partner Visa.

Eligibility for Partner Visas

To apply for a Partner Visa, you must meet certain eligibility requirements. These may vary slightly depending on whether you are applying for the subclass 820/801 or subclass 309/100 visa, but generally, below is some of the criteria you must meet:

1. Genuine Relationship: You must prove that you are in a genuine and ongoing relationship with your partner. This can include:

Being married or in a de facto relationship.
Evidence of joint financial responsibilities, shared household duties, and emotional support.
Statements from friends, family, and colleagues about the authenticity of your relationship.

2. Sponsorship: Your partner must be an Australian citizen, permanent resident, or eligible New Zealand citizen and agree to sponsor your application. The sponsor must meet certain eligibility requirements.

3. Health and Character Requirements: As with most Australian visas, you must meet health and character requirements. This typically involves a medical examination and police clearances.

4. Age Requirement: You must be at least 18 years old to apply for a Partner Visa.

The Application Process for Partner Visas (309/100 and 820/801)

Applying for a Partner Visa can be complex, but with the right preparation, you can make the process easier. Here’s a step-by-step guide to help you understand what to expect:

Gather Your Documents:
Before you start the application, make sure you have all the required documents. Some of the most common documents you’ll need include:
- Proof of your identity (passports, birth certificates, etc.)
- Proof of your relationship (marriage certificate, evidence of shared financial assets, photos together, travel records, joint utility bills, etc.)
- Health and character documentation (police checks and medical examination results).

Submit Your Application:
You can apply for the Partner Visa online through the Australian Department of Home Affairs website. Make sure you fill out the forms correctly and submit all supporting documents to avoid delays or rejections.
Pay the Application Fee:
Partner Visa application fees can be substantial, and the total cost depends on whether you are including dependent family members. It’s good to consider using a Registered Migration Agent to
Temporary Visa (subclass 820 or 309):
After you submit your application and it’s processed, you may be granted a Temporary Partner Visa (subclass 820 or 309). This will allow you to live in Australia while you wait for a decision on your Permanent Partner Visa.
Permanent Partner Visa (subclass 801 or 100):
After 2 years (usually), if your relationship is still genuine and ongoing, you can transition from the Temporary Partner Visa to the Permanent Partner Visa. You may be required to provide further evidence of your ongoing relationship.

Processing Times for Partner Visas (309/100 and 820/801)

The processing times for Partner Visas can vary depending on several factors, including the complexity of your case, the volume of applications, and whether additional documents or information is required.

On average, it can take anywhere from 12 to 32 months to receive a decision on your visa. Some cases may be processed faster, while others may take longer. During this time, you’ll be able to live, work, and study in Australia as long as you hold a valid visa with study/work rights.

For the subclass 309/100 (offshore applicants), the processing time can also take approximately 12 to 25 months. However, applicants for the subclass 309 (Temporary) visa must wait outside Australia during this process and will need to transition to the subclass 100 (Permanent) visa after the two-year waiting period.

What Happens if Your Partner Visa is Refused?

If your application for a Partner Visa is refused, you will receive a letter from the Department of Home Affairs detailing the reasons for the refusal. Some common reasons for refusal include:

Insufficient evidence of a genuine relationship.
Failure to meet health or character requirements.
Ineligibility.

The Benefits of a Partner Visa

Live Together in Australia: A Partner Visa allows you and your partner to live together in Australia.
Work and Study Rights: Once granted the Partner Visa, you can live, work, and study in Australia without restrictions. This makes it easier for you to build a life in Australia and contribute to the economy.
Pathway to Permanent Residency and Citizenship: The Partner Visa is a direct pathway to permanent residency in Australia. Usually, after two years, you can transition to the Permanent Partner Visa (subclass 801 or 100), and after living in Australia for four years, and being a permanent resident for 12 months, you may be eligible for Australian citizenship (other eligibility requirements apply).
Family and Social Benefits: As a partner of an Australian citizen or permanent resident, you’ll be able to access a range of benefits, including healthcare through Medicare.

Final Thoughts: Applying for a Partner Visa (309/100 and 820/801)

The Partner Visa is one of the most common visa options for couples looking to live together in Australia. While the application process can be lengthy and sometimes complicated, having the right guidance and ensuring you meet all the eligibility requirements will significantly increase your chances of success.

If you’re planning to apply for a Partner Visa or need assistance with your application, our expert migration agent is here to help. We can guide you through every step of the process, ensuring that your application is as strong as possible and giving you the best chance of a successful outcome.