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Partner Visas

If you are in a genuine relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you may be eligible to apply for a partner visa on the basis of your sponsorship. There are many factors to consider when deciding the right partner visa for you and your loved ones.  You may be eligible for a partner visa if you and your partner are married, engaged to be married, in a de facto relationship or have registered your relationship with a relevant State/Territory authority.

Onshore Partner Visa (subclass 820 & 801)

If you’re married or in a genuine de factor relationship with an Australian citizen, Australian permanent resident or an eligible New Zealand citizen you maybe eligible to apply for this visa.  If the relationship is less than 12 months you must register your relationship under a law of a State or Territory prescribed authority.  When the application is made visa applicant must be in Australia.  Even though this is a two-stage visa process both subclass 820 (temporary) and subclass 801 (permanent) visas should be applied together.  This is a temporary visa that leads to the permanent residency.  Once the subclass 820 temporary visa was granted, the visa applicant can stay in Australia, entitled to Medicare, has work rights and study.  After two years from the date of the subclass 820 visa was granted, the Department of Home Affairs invite the subclass 820 visa holder to provide additional documentation to prove that their relationship is genuine and continuing.  Based on the evidence provided by the visa holder, the Department of Home Affairs will decide the subclass 801, the second or the permanent stage of the visa.

Offshore Partner Visa (subclass 309 & 100)

If you’re married or in a genuine de factor relationship with an Australian citizen, Australian permanent resident or an eligible New Zealand citizen you may be eligible to apply for this visa.  When the visa application for subclass 309 is made and the visa is granted, the visa applicant must be outside Australia.  Once the subclass 309 visa is granted, the visa holder can enter into Australia and have access to Medicare, work rights and study rights.  This visa is similar to subclass 820 & 801 Onshore Partner Visa above with the only difference is that the application is made outside Australia and the applicant should be outside Australia when the decision is made.  Visa application process is also similar to Onshore Partner Visa (subclass 820 & 801) that subclass 309 (temporary) and subclass 100 (permanent) visa applications are processed in two different stages.  After two years from the date of the subclass 309 visa was granted, the Department of Home Affairs invite the subclass 309 visa holder to apply for the subclass 100, the second or the permanent stage of the visa.

Prospective Marriage Visa (Temporary Residence) (subclass 300)

If you’re married or engaged to be married to an Australian citizen, Australian permanent resident or an eligible New Zealand citizen you may be eligible to apply for this visa.  This subclass 300 visa can only be applied for offshore (outside Australia).  The main requirement for subclass 300 visa is that the couple have met in person and are known to one another, marry their Australian partner within nine months period and genuinely intend to live together as spouses.  After the visa is granted for a 9 months validity, the couple are expected to marry.  After this milestone is achieved, the applicant will then have to apply onshore for a Partner subclass 820 & 801 visas as outlined above.