ONSHORE PARTNER or SPOUSE VISAS (Subclass 820/801)
This visa is for the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen who is planning to apply while they are inside Australia.
Explore this article because it explains the differences between onshore and offshore partner visas, allowing you to choose the right path for your unique situation.
Partner/Spouse Visa (Temporary) Subclass 820
This visa is the first step towards a permanent Partner visa (subclass 801). You will be able to work and study while you hold this visa. You will also have access to Medicare.
Partner/Spouse Visa (Permanent) Subclass 801
This visa lets the applicant live in Australia permanently. It is for people who currently hold or have applied for a temporary Partner (subclass 820) visa.
Applicants who are in a long-term relationship will often receive their visa approvals for the 820 and 801 at the same time, making the Partner Visa Australia process smoother.
Subclass 820/801
These visas are for the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
Heterosexual and same-sex couples may apply for an Australian partner visa.
Partner visas are granted in two stages. The first is a two-year provisional visa. After this period, couples are reassessed against the criteria of the permanent visa.
Depending on whether the applicant is inside or outside Australia at the time of application will determine which visa they are eligible to apply for.
VISA STAGES
Partner Visas are processed in two stages:
PROVISIONAL PARTNER VISA
The provisional partner and spouse visas (Subclass 820) are granted for an indefinite period (until superseded by the permanent partner/spouse visa) and are conditional that the relationship of the applicants meets the criteria of the permanent visa.
PERMANENT PARTNER VISA
After the two-year waiting period for the Provisional Partner Visa, the Department of Immigration will assess applicants against the Permanent Partner Visa criteria.
Applicants must be able to prove they are still in a relationship with their partner or spouse.
Once approved, the Permanent De Facto Partner or Spouse Visa is unconditional and the visa holder may live in Australia indefinitely whether or not the relationship continues.
ELIGIBILITY
General
- The applicant must be sponsored by an Australian citizen, permanent resident, or eligible New Zealand citizen.
- The applicant must have been in a relationship with their sponsoring spouse or de facto partner for at least 12 months.
- The applicant and sponsor must be at least 18 years of age.
- The applicant and sponsor must have proof of being in a genuine relationship
- The applicant and sponsor must remain in a relationship for two years before the permanent part of this visa is granted (Unless exempt)
Age
There is no age limit for this visa.
Health & Character
All family members must meet health and character requirements. All applicants over 16 must provide police clearances.
PROCESSING TIMES
How long will it take to get a decision on your visa?
801 – Partner (subclass 801):
75% of visas are processed within 10 months
90% of visas are processed within 19 months
Processing time for subclass 801 Partner (permanent) visa and 100 Partner (permanent) visa is from the date of eligibility (2 years after the 820/801 or 309/100 application is lodged) to finalisation.
309 – Partner (Provisional) (subclass 309):
75% of visas are processed within 21 months
90% of visas are processed within 28 months
OFFSHORE PARTNER OR SPOUSE VISAS (Subclass 309/100)
OVERVIEW
This visa is for the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen who is planning to apply while they are outside Australia.
Partner/Spouse Visa (Provisional) Subclass 309
This visa allows you to remain in Australia temporarily and is the first step towards a permanent Partner visa (subclass 100). You will be able to work and study while you hold this visa. You will also have access to Medicare.
Partner/Spouse Visa (Permanent) Subclass 100
The visa lets the applicant live in Australia permanently. It is for people who hold a temporary Partner (subclass 309) visa.
These visas are for the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
Heterosexual and same-sex couples may apply for an Australian partner visa.
Partner visas are granted in two stages. The first is a two-year provisional visa. After this period, couples are reassessed against the criteria of the permanent visa.
Depending on whether the applicant is inside or outside Australia at the time of application will determine which visa they are eligible to apply for.
VISA STAGES
Partner Visas are processed in two stages:
Provisional Partner Visa
The provisional partner and spouse visa (Subclass 309) is granted for an indefinite period (until superseded by the permanent partner/spouse visa) and is conditional that the relationship of the applicants meets the criteria of the permanent visa.
Permanent Partner Visa
After the two-year waiting period for the Provisional Partner Visa, the Department of Immigration will assess applicants against the Permanent Partner Visa criteria.
Applicants must be able to prove they are still in a relationship with their partner or spouse.
Once approved, the Permanent De Facto Partner or Spouse Visa is unconditional and the visa holder may live in Australia indefinitely whether or not the relationship continues.
ELIGIBILITY
General
- The applicant must be sponsored by an Australian citizen, permanent resident, or eligible New Zealand citizen.
- The applicant must have been in a relationship with their sponsoring spouse or de facto partner for at least 12 months.
- The applicant and sponsor must be at least 18 years of age.
- The applicant and sponsor must have proof of being in a genuine relationship.
- The applicant and sponsor must remain in a relationship for two years before the permanent part of this visa is granted (Unless exempt).
Age
There is no age limit for this visa.
Health & Character
All family members must meet the health and character requirements. All applicants over 16 must provide police clearances.
PROCESSING TIMES
How long will it take to get a decision on your visa?
100 – Partner (Migrant) visa (subclass 100):
75% of visas are processed within 23 months
90% of visas are processed within 27 months
Processing time for subclass 801 Partner (permanent) visa and 100 Partner (permanent) visa is from date of eligibility (2 years after the 820/801 or 309/100 application is lodged) to finalisation.
309 – Partner (Provisional) (subclass 309):
75% of visas are processed within 13 months
90% of visas are processed within 17 months
PROSPECTIVE MARRIAGE VISA (Subclass 300)
This is a temporary visa for people who want to come to Australia to marry their prospective spouse.
To get this visa you must:
- be 18 years old or older
- be sponsored
- intend to marry your prospective spouse before the visa period ends
This visa is for people who want to come to Australia to marry their prospective spouse.
The Prospective Marriage Visa is a 9 month temporary visa. Applicants must have plans to get married within this time to be eligible to apply for a permanent partner visa.
Opportunities for Subclass 300 Visa Holders
- Stay in Australia for 9 months from the date of grant of visa
- Work in Australia
- Study in Australia at your own expense
- Travel to and from Australia as you please
Basic Requirements
To be eligible to apply for the prospective marriage visa, applicants must:
- Have proof of intent to marry their prospective husband or wife
- Have met their prospective spouse in person
- Be at least 18 years of age
If you already hold a prospective marriage visa, you may be eligible to apply for a Partner Visa.
About The Visa
This visa is for people who want to come to Australia to marry their prospective spouse.
The prospective marriage visa allows you to:
- Stay in Australia for up to 9 months from the date of grant of visa
- Work in Australia
- Study in Australia at your own expense
- Travel to and from Australia as you please
Include your family
Marriage visa applicants may be able to include the below family members in their application:
- Partner
- Dependent child
- Partner’s dependent child
Family members must meet the health and character requirements.
Your Marriage
You must enter Australia before the date specified on your Prospective Marriage visa grant letter.
You must marry your prospective spouse before your Marriage visa expires.
Your marriage must be valid under Australian law.
Extend Your Stay
This is a temporary visa. Applicants can stay in Australia for up to 9 months from the date of visa approval.
Applicants can apply for a permanent partner visa while in Australia.
ELIGIBILITY
To be eligible to apply for the prospective marriage visa, applicants must:
- have proof of intent to marry their prospective husband or wife
- have met their prospective spouse in person
- be at least 18 years of age
General
Applicants must intend to be married within 9 months of arriving in Australia. The applicant cannot be related to the sponsor.
Age
Applicants must be 18 years or older to be eligible to apply for this visa.
Health & Character
All family members must meet the health and character requirements.
NEW ZEALAND FAMILY VISA (Subclass 461)
This is a temporary visa for the spouse or de facto partner of a New Zealand Citizen who is currently living in Australia on a Special Category Visa (Subclass 444)
Requirements for This Visa
- Not be a New Zealand citizen
- Be one of the Members of the family unit of a New Zealand citizen or their partner
- Make sure if the New Zealand citizen is in Australia that they are on a Special Category New Zealand visa (subclass 444) or they will travel with you to Australia.
New Zealand Citizen Family visa (Subclass 461) allows non-New Zealand family members of a New Zealand Citizen to live and work in Australia for up to five years.
This is a temporary visa for the family members of New Zealand Citizens living in Australia.
Applicants who apply while inside Australia must be inside Australia when the visa is granted.
Applicants who apply while outside Australia must be outside Australia when the visa is granted.
If you and your family members are both non-New Zealand Citizens, you may be eligible to apply for a different partner or family visa.
ELIGIBILITY
You may be eligible if:
- You are not a New Zealand Citizen
- You are an eligible family member of a New Zealand Citizen
- You are an eligible family member of a Special Category Subclass 444 Visa
The Department of Immigration and Border Protection’s current processing times for this visa.
75% of applications processed within 13 months
90% of applications processed within 19 months
General
New Zealand Citizens can apply to bring the following family members to Australia to be with them:
- Married or de facto partner
- Dependent children/step-children
Age
This visa has no age limit
Health & Character
All family members must meet the health and character requirements. All applicants over 16 must provide police clearances.
Ready to Begin Your Partner Visa Journey? Whether you’re planning to apply from within Australia or outside, find the right path for your unique situation. Contact us now!
