What is the Australia Partner Visa?
If you’ve found your soulmate in Australia and you’re planning to make your love story a permanent one, the Australia Partner Visa could be the key to your happily ever after. Australia offers a variety of partner visas that allow those in legitimate serious relationships with Australian citizens, Australian permanent residents, or eligible New Zealand citizens to settle in Australia. These visas serve different purposes; therefore, knowing their different forms is essential when considering moving to Australia to join your partner.
What are the different types of Australia Partner Visa?
- Provisional Partner Visa (Subclass 309): This visa was designed for people who are in a true, devoted relationship with an Australian citizen, permanent resident of Australia, or eligible New Zealand citizen. The Provisional Partner Visa is a temporary visa that permits you to live in Australia while your permanent Partner Visa (Subclass 100) application is being processed. The Provisional Partner Visa is valid for two years after it has been issued.
- Migrant Partner Visa (Subclass 100): The Migrant Partner Visa (Subclass 100) is the permanent complement to the Provisional Partner Visa (subclass 309). You can apply for this permanent visa after having the Provisional Partner Visa for two years and meeting the specified conditions needed. Once granted this visa, you get to live in Australia permanently.
- Prospective Marriage Visa (Subclass 300): The Prospective Marriage Visa is meant for persons who desire to marry their Australian partner. This visa allows you to travel to Australia and marry your partner within nine months of visa confirmation. Once you are married, you can now apply for the Provisional Partner Visa.
- The Temporary Partner Visa (Subclass 820): The Temporary Partner Visa popularly referred to as the Subclass 820 Visa, is a crucial step in the journey to permanent residency in Australia. This visa allows you to live, work, and study in Australia for the duration of the processing period. To be eligible for Subclass 820, you must be in a genuine de facto relationship or legally married to your Australian partner. The subclass 820 visa is a temporary visa for onshore applicants, this means that You must be in Australia when you apply for this Visa.
- The Permanent Partner Visa (subclass 801): The Permanent Partner Visa popularly referred to as the Subclass 801 Visa, is the next phase in your journey after the subclass 820 visa. After holding Subclass 820 for at least 2 years, and meeting the necessary criteria, you become eligible to apply for Subclass 801. This visa ensures that you gain permanent residency status in Australia and enjoy all the benefits that come with it.
- New Likely Exemptions for a Permanent Partner Visa?
- You do not need to spend two years in Australia with your partner to transfer from temporary to permanent partner visa status if:
- You have 5 years or more of evidence of a relationship or marriage with your Australian partner.
- You have children from your marriage or partnership.
- Your relationship must have been up and running for at least two years.
- Before acquiring a permanent visa, you and your spouse have had a running & recorded relationship.
Eligibility Criteria for the Australian Partner Visas
To be eligible for an Australian Partner Visa, you and your partner must meet the following criteria:
- Your partner should be an Australian citizen, permanent resident, or eligible New Zealand citizen.
- You must be at least 18 years of age
- You must be married or in a de facto relationship (i.e., you live together, share banking information and domestic lives, and so on).
- You must have been in a relationship for a minimum of 12 months at the period of application.
- You must be in a legitimate, intimate relationship.
- You must be able to demonstrate the legitimacy of your relationship.
Documents to Prove that your Relationship is Real?
The Australian visa officials will need many documents to establish your relationship is real. This can include utility statements addressed to both of you in order to show that you share domestic matters, a joint bank account to indicate that you share finances, phone records to show that you communicate when you are apart, pictures of the two of you together and with other people to show that you have spent time together and that other people are aware of your relationship, and so on.
Australia Partner Visa Costs and Processing Times
Australia Partner Visas subclass 801/820 And 309/100 Partner Visa application fee starts from $8,850 for the primary applicant, $4,430 for every child above the age of 18, and $2,215 for any child younger than the age of 18. It is very important to note that you also paid for the visa subclass 801 when you made your initial payment for the visa subclass 820. Therefore, you are not required to make additional payments for the subclass 801 permanent visa.
The Australian Prospective Marriage Visa application fee starts from $8,850 for the primary applicant, $4,430 for every child above the age of 18, and $2,215 for any child younger than the age of 18. Bear in mind that a $1,870 government charge is payable at the time of requesting the spouse visa.
While the processing times for these visas may vary from 5 months upwards. It is highly recommended that you use the visa processing time guidance tool to get an idea of how long it will take to process this visa.
*Costs are accurate as of October 2023.
Further information is available on the Department of Home Affairs website.
FAQs on the Australia Partner Visas;
Q: What documents should I provide as evidence of a genuine relationship?
Ans: You should provide a variety of evidence, such as joint financial documents (bank statements, shared bills), proof of shared living arrangements (lease agreements, utility bills), photographs, and testimonials from friends and family who can attest to the authenticity of your relationship.
Q: Who can apply for an Australian Partner Visa?
Ans: You can apply for an Australian Partner Visa if you are in a genuine and ongoing spousal or de facto relationship with an eligible Australian partner. This includes married and de facto (unmarried) couples. Same-sex couples are also eligible.
Q: What if my present visa expires?
Ans: If your existing visa expires before you receive your temporary partner visa, you must remain in Australia by obtaining a Bridging Visa A (BVA). The BVA (Bridging Visa A) is a short-term visa that allows you to stay in Australia after your existing visa expires.
Q: Can I apply for a Partner Visa if I’m engaged to an Australian citizen or permanent resident?
Ans: Yes, if you are engaged and intend to marry, you can apply for the Prospective Marriage Visa (Subclass 300). Once granted, you must marry your partner within nine months of visa approval and then apply for the Partner (Provisional) Visa.
Q: Can I apply for the Partner Visa if my partner is on a temporary visa in Australia?
In some cases, if your partner holds a Subclass 482 Temporary Work (Skilled) Visa, you may be able to include yourself as a dependent on their visa.
Q: Can I work in Australia while on a Partner Visa?
Ans: Yes, once you are granted a Partner (Provisional) Visa, you are usually allowed to work in Australia. However, it’s essential to check the specific work conditions attached to your visa.
Q: Can I include my dependent children in my Partner Visa application?
Ans: Yes, you can include dependent children in your application. You’ll need to provide documentation and meet the requirements for including them as part of your family unit.
Q: How long does the application process usually take, and why does it vary?
Ans: The processing time typically ranges from 12 to 24 months. The variation in processing time is influenced by factors like the complexity of individual cases, the volume of applications, and the capacity of the Department of Home Affairs.
Q: What options do I have if my visa application is rejected or if I disagree with the decision?
Ans: If your visa application is rejected, you have the option to appeal the decision through the Administrative Appeals Tribunal (AAT). It’s crucial to seek legal advice if you choose to appeal a decision.
Q: What happens if my relationship with my Australian partner ends during the processing of my visa application?
Ans: If the relationship ends before the grant of the permanent visa (Subclass 801), you must notify the Department of Home Affairs. This can affect the outcome of your application.