Partner Visa
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Australian Partner Visa – Complete Guide for Couples
Partner Visas allow the spouse, de facto partner, or fiancé of an Australian citizen, permanent resident, or eligible New Zealand citizen to live, work, and study in Australia.
A de facto relationship means living together in a genuine, committed partnership.
Most visa options begin with a temporary visa, which can transition to permanent residency if the relationship continues. The program also offers protections, in that applications may still progress if the relationship ends due to family violence or the death of a sponsor.
Key Benefits of Partner Visas
Partner visas provide couples with the chance to live together in Australia while enjoying a wide range of rights and protections.
From the temporary stage through to permanent residency, applicants gain access to the following benefits:
- Live with your spouse or de facto partner in Australia.
- Work unconditionally with full rights.
- Study at Australian universities and institutions.
- Access to Medicare (the Australian public healthcare system).
- Travel to and from Australia freely (multiple entry).
- Sponsor eligible family members to join you in Australia.
- Apply for the Australian citizenship (if eligible)
Partner Visa Options
The Australian migration system offers several types of partner visas to suit different situations, which include the following options:
1. Prospective Marriage Visa (Subclass 300)
The Prospective Marriage Visa (subclass 300) allows you to travel to Australia, marry your fiancé, and start your life together.
This visa is a temporary visa allowing engaged partners to marry their prospective spouse and begin the pathway to the Australian permanent residency. The marriage must take place in Australia within 9 to 15 months as of the visa grant date.
To apply for this visa, you and your partner must have met each other face-to-face as adults, personally know each other and have a genuine intention to marry. Moreover, both of you must be legally able to marry under the Australian law.
During the application process, you may be able to visit your partner in Australia usually by applying for a Tourist Visa, provided you meet the eligibility requirements.
2. Onshore Partner Visa (Subclasses 801 & 820)
The Onshore Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to apply for the permanent residency while living in Australia.
This pathway is ideal for the couples who are together in Australia and intend to remain together. The visa is granted in two stages, temporary (subclass 820) and permanent (subclass 801).
3. Offshore Partner Visa (Subclasses 309 & 100)
The Offshore Partner Visa is for people who are outside Australia and wish to join their spouse or de facto partner who is an Australian citizen, permanent resident or eligible New Zealand citizen.
This visa is also processed in two stages: the temporary Partner visa (subclass 309), followed by the permanent Partner visa (subclass 100).
With the 309 visa, you can travel to Australia, live with your partner, work and study while your permanent stage is under assessment. Once granted, the 100 visa gives you full permanent residency rights, including a pathway to the Australian citizenship. This option is ideal for the couples who are living apart but want to reunite in Australia.
FAQs on the Partner Visa
1. Can I apply for a partner visa without living together for 12 months?
Yes — in some cases. Normally, a de facto couple must show they have lived together for at least 12 months before lodging the application. However, if your relationship is formally registered in an Australian state or territory where relationship registration is available, you may be exempt from the 12-month cohabitation requirement.
2. Will my visa be refused if my sponsor has a criminal record?
Not necessarily. The Department conducts character checks on sponsors. Certain convictions, especially for violence or child-related offences, may bar a person from sponsoring unless they are granted a discretionary approval.
3. What if we get married after lodging a de facto partner visa application?
You do not need to lodge a new application. You can notify the Department of Home Affairs and provide your marriage certificate. Your application will continue to be assessed, but now as a spouse rather than a de facto partner.
4. How long does it take to transition from the temporary to permanent stage?
Usually two years from the date you lodged your initial application. You will be invited to provide updated information to assess whether you still meet the requirements for the permanent visa (subclass 801 or 100).
5. Can I travel outside Australia while my partner visa is being processed?
Yes. If you applied onshore (subclass 820/801), you need to hold a Bridging Visa B before leaving so you can re-enter Australia. If you applied offshore (subclass 309/100), you must be outside Australia when the 309 is granted, so plan carefully.
6. What happens if my relationship ends while the application is in process?
You must notify the Department of Home Affairs immediately. Your visa may be refused or cancelled unless you qualify for an exception — such as where there has been family violence or where you share parental responsibility for a child with your sponsor.
7. Can I work full-time while on a bridging visa for a partner visa?
Yes. If you applied for a partner visa onshore and hold a Bridging Visa A linked to that application, you have full work rights while you wait.
