A Partner visa (subclass 820/801 and subclass 309/100) is a pathway specifically designed for the partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia. Whether you are currently in Australia or overseas, planning to apply for a partner visa, or have already started the process, this article compiles the most frequently asked questions about the partner visa process.
FAQS
What is the difference between the partner subclass 820/801 and subclass 309/100 visas?
There are two types of partner visas, depending on whether the visa applicant is onshore or offshore:
- Partner visa (subclass 820/801) (apply in Australia)
- Partner visa (subclass 309/100) (apply outside Australia)
Both visas have a temporary stage followed by a permanent stage.
What are the eligibility criteria for the partner visa?
If you have a partner who is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen, you may be eligible to apply for a partner visa.
A partner visa application is in 2 parts:
- Visa application lodged on behalf of the visa applicant
- Sponsorship application to be lodged on behalf of the sponsoring partner
The eligibility criteria for a partner visa are as follows:
- Relationship requirement:
- You must be the spouse (married) or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
- Your relationship must be genuine and continuing
- Visa type:
- While you are in Australia, you can apply for the subclass 820/801 visa
- While you are outside Australia, you can apply for the subclass 309/100 visa
- Partner’s status:
- While you are in Australia, you can apply for the subclass 820/801 visa
- Your partner must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
- Age requirement:
- You must meet the legal age limit for marriage or a de facto relationship according to Australian law
- Sponsorship:
- You must have a suitable sponsor who meets the requirements and is willing to provide sponsorship for your visa application
- Health and character requirements:
- You must meet the health and character requirements set by the Australian government. This typically involves undergoing a medical examination and providing character references or police clearance certificates
Please keep in mind that these are general eligibility criteria, and each case has unique circumstances. It is advisable to seek personalised advice to ensure that you meet all the specific requirements for your partner visa.
Can I apply for a partner visa if I am in a de facto relationship?
Yes, both subclass 820/801 and subclass 309/100 visas are available for applicants in de facto relationships, including same-sex relationships.
Is there a minimum duration for a de facto relationship before applying for a partner visa?
Generally, a de facto relationship should have existed for at least 12 months before the visa application is lodged. However, exceptions exist for compelling and compassionate circumstances or if the relationship is registered under Australian law.
Do I need to provide evidence of a genuine relationship?
Yes, evidence of a genuine and ongoing relationship is a crucial requirement for partner visa applications. This may include documents such as joint bank statements, joint leases or mortgages, shared bills, photographs, travel records, personal relationship statements, and statements from friends and family.
How will I then apply for the permanent partner visa (subclass 100/801)?
The Partner visa is a two-stage process. The visa applicant will initially be granted the temporary partner visa (subclass 309/820), and they will be eligible for the permanent partner visa (subclass 100/801) after 2 years since the provisional visa application was submitted.
If the applicant has been in a relationship with the sponsor for more than 3 years with no children, or 2 years with dependent children of the relationship, the 2 year temporary visa period may be waived and a permanent visa may be granted.
What can I do with a temporary partner visa (subclass 820/309)?
With this provisional visa, you are granted certain rights and privileges that allow you to live, work, and study in Australia. Here is what you can do with this visa:
- ,You can live in Australia until your permanent Partner visa application is finalised
- You have unrestricted work rights, which means that you can work in any occupation and for any employer in Australia
- You can enrol in educational courses and pursue studies in Australia
- You will be eligible to enrol in Australia’s healthcare scheme called Medicare
- You can travel in and out of Australia as many times as you want while the temporary partner visa is valid
- You may be eligible to attend free English language classes provided by the Adult Migrant English Program
How much does it cost to apply for a Partner (subclass 820/801 or 309/100) visa?
From 1 July 2023, the Visa Application Charges for the partner visa are:
- Primary applicant: $8,850
- Each secondary applicant (at least 18): $4,430
- Each secondary applicant (under 18): $2,215
These fees may be subject to changes in the future as the Australian government generally increases the fees in line with CPI each financial year.
What is the character requirement for the sponsor of a partner visa?
The character requirement for the sponsor of a partner visa is an assessment of their character to ensure they are suitable to sponsor their partner for migration to Australia. The Australian government places importance on protecting the community and upholding the values of integrity and good character in the migration process.
The character assessment for sponsors involves considering various factors, including but not limited to:
- Any criminal convictions, including both spent and unspent convictions
- Previous immigration violations or breaches
- Evidence of association with criminal or illegal activities
- Prior history of domestic violence or violence against women or children
- Any history of non-compliance with Australian laws, regulations, or obligations
- Any previous sponsorship undertakings not honoured
- Any adverse information or intelligence about the sponsor
Is there an English language requirement for the partner visa?
Currently, there is no specific English language requirement for the partner visa.
How long does it take to process subclass 820/309 visa?
Visa processing time can vary for a range of reasons, including:
- The completeness of your application, including all necessary supporting documents.
- Your responsiveness in providing additional information when requested.
- The duration required to conduct necessary checks on the provided supporting information.
- The time taken to obtain additional information from external agencies, particularly concerning health, character, and national security requirements.
- The availability of vacancies in the migration program.
You can find an official guide on the Department’s website over here.
Can I add family members to the visa application?
Yes, you can make a combined application with your dependent children as secondary applicants to your partner (subclass 820/801 or 309/100) visa application.
You cannot add family members to your visa application after the subclass 820/309 visa is granted. If you have been granted a subclass 820 visa and would like to include a dependent child in your permanent visa application before finalisation of the 801/100 partner visa, you can apply for a Dependent Child visa (subclass 445). By obtaining a subclass 445 for your child, you can then include them in your permanent Partner visa application.
What do I do if my relationship with my sponsoring partner has ended?
If your relationship with your sponsoring partner has ended before the finalization of your permanent Partner visa, you must inform the Department of Home Affairs about the change in your relationship status.
It is highly recommended to consult a registered migration agent or lawyer to understand your options and how the change in your relationship status may impact your visa status. We can provide guidance tailored to your specific circumstances and help you navigate the process.
You may still be eligible for a permanent visa, if you are a holder of a 820/309 visa, or have applied for a 820 visa, and one of the following is applicable to you:
- Your relationship has ended because your partner has passed away
- You have a biological child from the relationship
- You suffered family violence, committed by your partner, while in the relationship
Final thoughts
There are different types of partner visas, which are dependent on whether the visa applicant is onshore or offshore. For onshore applicants who apply in Australia, the relevant visa application is a subclass 820/801. For offshore applicants who are applying outside of Australia, the relevant visa application is a subclass 309/100 visa.
Navigating the partner visa process can be a complex and often emotional journey. While the temporary partner visa grants you the opportunity to live, work, study, and access healthcare in Australia, it’s important to understand the two-stage process. After the provisional visa, you become eligible for the permanent visa, which solidifies your permanent residency status.
Each case is unique, and seeking tailored advice from registered migration agents or legal professionals is highly recommended. We can guide you through the process, help you gather the necessary evidence, and present a compelling case to the Department of Home Affairs.
Contact us today to schedule a consultation and learn more about how we can assist you on your immigration journey.
This newsletter should not be construed as legal advice and to obtain current information, please seek the advice of an immigration professional.
