PARTNER VISA

Partner Visa

The Australian Partner Visa has a number of visa subclasses. They are Temporary Partner Visa (subclass 820 and subclass 309), Permanent Partner Visa (subclass 801 and subclass 100), and Prospective Marriage Visa (subclass 300).

A Partner Visa allows a de facto or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia. It may also entitle you to apply for Medicare or private health insurance. Your visa is only valid until its expiry date or a decision regarding an application for another visa has been made.

If your marriage or de facto relationship breaks down during the application process, or your sponsor passes away, your application may still be considered.

The Department of Home Affairs will consider the best interests of the child for all visa applications involving a person under the age of 18.

Partner Visa categories

Temporary Partner Visa (subclass 820)

You, and any family members or child dependents included in your application, MUST be in Australia at the time you apply for this visa. You will need to apply for this visa before you can apply for a Permanent Partner Visa (subclass 801).

Eligibility:

1. You must be over the age of 18 at the time of your application to meet the relationship requirements.
2. Meet the health requirements.
3. Meet the character requirements.
4. Pay any debts owed to the Australian Government.
5. Meet the relationship requirements.

If you are married:

1. You and your spouse must both be committed to a shared life together to the exclusion of all others;
2. Your relationship with your spouse must be genuine and continuing;
3. You must live with your spouse or not live apart on a permanent basis;
4. Your marriage must be valid under Australian law.

To be a de facto partner, you MUST be in a de facto relationship for at least 12 months prior to applying. To be considered a de facto partner:

   You and your partner are not married to each other;

   You are committed to a shared life to the exclusion of all others;

   Your relationship is genuine and continuing;

   You live together or do not live separately and apart on a regular basis;

   You are not related by family

Cost:

When you apply, you will need to pay for your temporary and permanent visa together. The total cost starts at $7,715.00. This does NOT include additional fees associated with health check, etc.

You may be able to include family members on your application for an additional fee.

Processing time:

The current processing time for a Partner Visa (Temporary) is 22-26 months.

What you can do:

You are allowed to

   Live, work and study in Australia while your application is being processed;

   Travel to and from Australia. There are no restrictions on the number of times you can do this;

   Attend free English language classes provided by the Adult Migrant English Program.

Temporary Partner Visa (subclass 309)

You must be offshore at the time of applying for this visa. You MUST obtain this visa before you can apply for the Permanent Partner Visa (subclass 100).

Eligibility:

1. You must be over the age of 18 at the time of your application to meet the relationship requirements;
2. Have a sponsor. Your sponsor must be approved by the Department of Home Affairs and the sponsorship applies for two years;
3. Meet the health requirements;
4. Pay any debts owed to the Australian Government;
5. Not had a visa previously cancelled or had an application previously refused;
6. Meet the relationship requirements.

If you are married:

   You and your spouse must both be committed to a shared life together to the exclusion of all others;

   Your relationship with your spouse must be genuine and continuing;

   You must live with your spouse or not live apart on a permanent basis;

   Your marriage must be valid under Australian law.

To be a de facto partner, you MUST be in a de facto relationship for at least 12 months prior to applying. To be considered a de facto partner:

   You and your partner are not married to each other;

   You are committed to a shared life to the exclusion of all others;

   Your relationship is genuine and continuing;

   You live together or do not live separately and apart on a regular basis;

   You are not related by family

Cost:

When you apply, you will need to pay for your temporary and permanent visa together. The total cost starts at $7,715.00. This does NOT include additional fees associated with health check, etc.

You may be able to include family members on your application for an additional fee.

Processing time:

The current processing time is 16-22 months.

What can you do:

You are allowed to:

   Stay in Australia until your Permanent Partner Visa (subclass 100) application has been decided or you withdraw your application;

   Work in Australia;

   Study in Australia (but you will not receive Government assistance);

   Travel to and from Australia as many times as you want;

   Attend up to 510 hours of free English language classes provided by the Adult Migrant English Program;

   Enrol in Medicare to receive medical assistance.