This subclass of visas allows the spouse or defacto partner of an Australian citizen, permanent resident or eligible NZ citizen to live in Australia. It is an application that can be submitted whilst inside or outside of Australia. Processing timeframes are current anywhere from 18 months to three years. In order for the applicant to qualify they must be married to or in a defacto (including same sex) relationship with an Australian citizen, Australian permanent resident or eligible NZ citizen.

Generally, the Partner visa is processed in two stages with the first stage of the process being the grant of a temporary (subclass 820 or subclass 309) visa. This temporary visa will remain valid until a decision is made on the permanent residency application which can occur approximately two years after the submission of the approved temporary application. The temporary and permanent residency visa is submitted at the same time. Both visas have full work and study rights.

In order for the applications to be granted at the first and second stage the applicant must be able to demonstrate that they are in a genuine and ongoing relationship with their (Australia, Permanent Residency or eligible NZ Citizen) Partner.

The visa information provided below should only be used as a guide. If a particular visa is appropriate for your circumstances, then we would encourage you to contact us for a complete and thorough assessment of your situation and visa eligibility.

Please be aware that big changers are about to occur to the way in which Partner application are considered and processed.

This bill Amends the Migration Act 1958 to establish a sponsorship framework for the sponsored family visa program to: separate sponsorship assessment from the visa application process for family sponsored visas; require the approval of persons as family sponsors before any relevant visa applications are made; impose statutory obligations on persons who are or were approved as family sponsors and provide for sanctions if those obligations are not satisfied; facilitate the sharing of personal information between parties identified in a sponsorship application; enable the refusal of a sponsorship application and the cancellation or barring of a family sponsor in certain circumstances; enable the regulations to prescribe details for, and in relation to, the operation of the sponsorship framework; and make consequential amendments.

Please be aware that there are some big changes to the way Partner applications are processed coming soon. It is expected that these changes may occur any day now but had not occurred at time of writing (11th July 2019). Once implemented the changes will mean that the Australian, Permanent Resident or Eligible NZ Sponsor will need to submit a sponsorship application first and have it approved before the Partner can proceed and submit their visa application.

This obviously has big implications in regards to onshore applications, bridging visas and remaining in Australia because at this stage we are uncertain as to how long it might take for a sponsorship application to be processed and finalised under the new system. Only after the sponsorship application is approved can a visa application be submitted and (if applied for onshore) a Bridging Visa issued.

At the moment, under the current system, we can submit a valid visa application on her behalf immediately.

The take home from all of this is that if you are considering a partner visa and are in a genuine and ongoing relationship then you may wish to consider submitting this application soon.

• Partner Temporary / Permanent

  The subclass 820 and 801 visas allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia.

  The temporary Partner visa (subclass 820) is the first stage towards a permanent Partner visa (subclass 801). You must be in Australia when you apply and also when this visa is decided.

  You lodge one application form for your temporary and permanent visas and pay one application charge. Your application is processed in two stages, about two years apart.

  • What You Can Do

    Temporary Partner Visa (subclass 820)

    This visa will allow you to:

    • stay in Australia until a decision is made about your permanent Partner visa
    • work in Australia
    • study in Australia, but with no access to government funding
    • enrol in Medicare, Australia's scheme for health-related care and expenses

    Permanent Partner Visa (subclass 801)

    If you are granted a permanent visa, you can:

    • stay in Australia indefinitely
    • work and study in Australia
    • apply for Australian citizenship (if you are eligible)
    • sponsor eligible relatives for permanent residence
    • receive some social security payments
    • travel to and from Australia for five years from the date the visa is granted � after that time you will need another visa to enter Australia

  • Applicant Requirements

    You must be married or in a de facto relationship with:

    • an Australian citizen
    • an Australian permanent resident
    • an eligible New Zealand citizen

    You must be in a genuine and ongoing relationship. You must live with your partner or, if you do not, any separation must be only temporary.

    Both parties must freely consent to the relationship.

  • Sponsor Requirements

    To be a sponsor you must:

    • be an Australian citizen, permanent resident or eligible New Zealand citizen
    • be in a married or de facto relationship with your partner
    • be older than 18 years of age

    If you are married and younger than 18 years of age, a parent or guardian must be the sponsor. That parent or guardian must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

    Australian permanent residents or eligible New Zealand citizens are expected to be living in Australia. Eligible New Zealand citizens might need to have a health examination or character check.

• Partner Provisional

  The subclass 309 visa allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to travel to and live in Australia.

  • What You Can Do

    This visa allows you to:

    • enter Australia and stay here until a decision is made about your permanent Partner visa
    • work in Australia
    • study in Australia, but with no access to government funding
    • enrol in Medicare, Australia's scheme for health-related care and expenses

  • Applicant Requirements

    You must be outside Australia and married or in a de facto relationship with:

    • an Australian citizen
    • an Australian permanent resident
    • an eligible New Zealand citizen

    You must be in a genuine and ongoing relationship. You must live with your partner or, if you do not, any separation must be only temporary.

    Both parties must freely consent to the relationship.

    You can apply if you intend to marry your partner before a decision on your visa is made.

    In most cases, permanent residence cannot be granted less than two years from when you lodge your application. You could be granted a permanent visa without having to fulfil the usual two-year waiting period if:

    • at the time you apply, you have been in a partner relationship with your partner for three years or more, or two years or more if you and your partner have a dependent child of your relationship
    • your partner holds or held a permanent humanitarian visa and you were in the relationship before the visa was granted and this relationship was declared to the department at the time

  • Sponsor Requirements

    To be a sponsor you must:

    • be an Australian citizen, an Australian permanent resident or eligible New Zealand citizen
    • be married, be in a de facto relationship with your partner, or intend to marry before the visa is decided
    • be older than 18 years of age

    If you are married and younger than 18 years of age, a parent or guardian must be the sponsor. That parent or guardian must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

    Australian permanent residents or eligible New Zealand citizens are expected to be living in Australia. Eligible New Zealand citizens might need to have a health examination or character check.

• Prospective Marriage

  The subclass 300 visa is for people who want to come to Australia to marry their prospective spouse. It is a temporary visa for nine months. You must be outside Australia when you lodge your application and when the visa is granted.

  • What You Can Do

    This visa allows you to:

    • enter Australia before you marry your prospective spouse
    • travel in and out of Australia as often as you want
    • work in Australia, although some employers might not hire people with temporary visas
    • study in Australia, but with no access to government funding for tertiary study

  • Applicant Requirements

    You must:

    • intend to marry and live as husband or wife with your prospective spouse
    • be sponsored by your prospective spouse
    • know your prospective spouse and have met in person
    • be the opposite sex to your prospective spouse (same-sex couples can apply for a Partner visa based on their de facto relationship)
    • meet age, health and character requirements

  • Sponsor Requirements

    To sponsor someone for this visa, you must be:

    • an Australian citizen, permanent resident or eligible New Zealand citizen
    • at least 18 years of age

    Australian permanent residents or eligible New Zealand citizens are expected to be living in Australia. Eligible New Zealand citizens might need to have a health examination or character check.