Spouse/ Partner Visa Subclass 309/100 and 820/801
Australian visa for partners & Spouse: To a new life together
A provisional or permanent partner visa may be granted to an Australian citizen or Permanent Resident’s spouse, de-facto partner, or fiancé if the couple is in a genuine relationship. A partner visa lodged onshore is subclass 820/801; an offshore lodgement is subclass 309/100.
A partner/ spouse visa is a two-step application, with a provisional visa granted first (820 or 309) and the permanent part lodged two years later (801 or 100), where the couple must demonstrate they are still together.
A 300 visa is a prospective (fiancé) partner visa that can only be applied for when the overseas applicant is offshore. To be able to apply for this visa, the couple must have met in person.
Eligibility for Partner/Spouse Visa Applications in Australia
- You must either be married, engaged, and planning a wedding, or in a de facto relationship if you live together.
- You must provide proof of your sincere and long-term relationship in any partner visa applications.
When the applicant is in Australia (820/801) or abroad (309/100), applications may be filed in Australia. If the application is submitted in Australia, the applicant may enter the country on a bridging visa and remain there while the application is being reviewed. Fiancé visas (300), also known as prospective partner visas, must be applied for while the applicant is abroad.
Partner visas are applied in two stages.
Step 1: Apply for a Provisional Visa.
Step 2: Apply for a Permanent Resident Visa.
You can sponsor up to two overseas partners in your life, with at least 5 years between applications.
How Does the Australian Partner Visa Work?
To sponsor you, your partner must be either an eligible citizen of New Zealand, an Australian citizen, or a permanent resident. Your partner might not be able to sponsor you in some situations, such as if they recently sponsored another partner within the last five years.
You must be de facto, registered, married, engaged, or in a registered relationship.
Should You Be Married:
- Your current visa requirements must permit you to submit an onshore application for a partner visa if you are applying from within Australia.
- Your union must be recognized by Australian law. In general, your marriage will be recognized as valid under Australian law if it took place in a nation other than Australia and is recognized as legal there.
- You and your spouse must demonstrate a shared commitment to living exclusively as husband and wife.
- If not, any separation from your partner must only be temporary. You and your partner must be living together.
What follows next?
- You will be given a Provisional Partner Visa, which allows you to enter and remain in Australia while waiting for a decision on your permanent visa, once the assessing officer is confident that you are in a sincere relationship and that you meet all the other requirements.
- Two years after submitting your initial application, you can submit the necessary paperwork for a permanent visa. You will be given a permanent residence visa if you can show that the relationship is ongoing and sincere.
- You may be granted both temporary and permanent visas at the same time under certain conditions, such as if you have a child from the relationship or have been married or in a de facto relationship for three years or more at the time your partner visa application is submitted.
If you live offshore and are planning to marry
You must be outside of Australia at the time of application and decision, and you must be able to legally marry in Australia.
- Your finance must be an eligible citizen of New Zealand, an Australian permanent resident, or both.
- You must be able to prove the sincerity of your relationship as well as your sincere intention to wed your fiancé within nine months of the day you receive your visa and live with them thereafter as their spouse.
- You must show proof of a confirmed wedding date given by an approved marriage authority, either in Australia or abroad, as well as that you and your fiancé have actually met and are familiar with one another personally.
What follows next?
- You will be issued a prospective marriage visa once the assessing officer is convinced that you are in a sincere relationship and you meet all the other requirements (subclass 300).
- After the visa is issued, you have nine months to get married to your sponsor. After getting hitched, you have nine months from the date your subclass 300 visa was granted to apply for an onshore partner visa (820/801). You must be present in Australia when your application is submitted and when a decision is made regarding it.
- You will be given a Provisional Partner Visa that enables you to stay in Australia once the assessing officer is convinced that you are in a sincere relationship and meet all the other requirements.
- As long as the Permanent Visa is not decided upon, the Provisional Partner Visa is valid.
- You can submit the necessary paperwork for the stage of permanent residence two years after the Provisional Partner Visa was lodged. You will be given a permanent residence visa if you can show that the relationship is ongoing and sincere.
- You may be granted both provisional and permanent visas at the same time under certain conditions, such as if you have a child from the relationship or have been married or in a de facto relationship for three years or more at the time your partner visa application is submitted.
If you have been a de facto couple for at least a year:
- Your current visa condition must permit you to submit an onshore application for a partner visa if you are applying from within Australia.
- You and your partner must have been living together as a de facto couple for the entire 12 months just before submitting your application.
- Your commitment to a shared life with your partner must outweigh all other considerations. If there has been any separation, it must have only been momentary, due to the visa applicant’s overseas family obligations or business travel.
What follows next?
- Once the assessing officer is satisfied that you are in a genuine relationship and meet all of the other criteria, you will be issued a Provisional Partner Visa, which will allow you to either stay in Australia if you applied onshore or come to Australia if you applied offshore.
- As long as the Permanent Visa is not decided upon, the Provisional Partner Visa is valid.
- You can submit the necessary paperwork for the stage of permanent residence two years after the Provisional Partner Visa was lodged. You will be given a permanent residence visa if you can show that the relationship is ongoing and sincere.
- You may be granted both provisional and permanent visas at the same time under certain conditions, such as if you have a child from the relationship or have been married or in a de facto relationship for three years or more at the time your partner visa application is submitted.
If your de facto relationship has lasted less than a year:
You can still apply for a partner visa for Australia even if you and your partner haven’t been de facto for the last 12 months before submitting your application.
- If you have registered your relationship under a state or territory law as specified in the Acts Interpretation (Registered Relationship) Regulations 2008, the 12 months may be waived. The prescribed regulations are currently in place in all states and territories, except Western Australia and the Northern Territory. The requirements for registration vary according to the state or territory.
- Your commitment to a shared life with your partner must outweigh all other considerations. This entails providing a variety of relationship-related evidence, such as sharing finances, being acknowledged as a couple by others, and the structure of your household.
- You and your partner must be cohabiting under the same roof or have a clear intention to do so.
What follows next?
- Once the assessing officer is satisfied that you are in a genuine relationship and meet all of the other criteria, you will be issued a Provisional Partner Visa, which will allow you to either stay in Australia if the application was lodged onshore or come to Australia if the application was lodged offshore.
- As long as the Permanent Visa is not decided upon, the Provisional Partner Visa is valid.
- You can submit the necessary paperwork for the stage of permanent residence two years after the Provisional Partner Visa was lodged. You will be given a permanent residence visa if you can show that the relationship is ongoing and sincere.
- You may be granted both provisional and permanent visas at the same time under certain conditions, such as if you have a child from the relationship or have been married or in a de facto relationship for three years or more at the time your partner visa application is submitted.
What Can You Do With This Spouse & Partner Visa?
- Live in Australia indefinitely as long as the visa’s permanent stage is granted (either 801 or 100)
- Enroll in Medicare, the government-run health care system in Australia.
- Enjoy unhindered work rights.
