Partner Visa Subclasses 820/801 and 309/100
Who is eligible to apply for the Partner Visa?
If you are in a relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen, then you may be eligible for a Partner Visa on the basis of their sponsorship.
You may be eligible to apply if you and your partner:
- Are married or engaged to be married
- Are in a de facto relationship
- Have registered your relationship with your relevant State or Territory authority
How do I qualify for a Partner Visa?
There are three different pathways through which partners of Australian Citizens or Permanent Residents can apply for a Partner Visa for Australia.
The most appropriate option for each applicant will depend on individual circumstances, for example if the applicant is made either inside or outside of Australia at the time of application. Our agents at Point Migration will be able to discuss options and help each applicant find the best option suited for them, and help to ensure the whole process is as smooth and stress-free as possible.
How do I apply for a Partner Visa?
Both the applicant and sponsoring partner must complete the application for a Partner Visa.
Whichever pathway applicants choose to apply for, all of them will require evidence that the relationship is both genuine and ongoing. To be able to prove this to the Department of Home Affairs, applicants will need to provide evidence to prove the following:
- Cohabitation/living arrangements
- Financial interdependence
- Social interdependence
- Proof the relationship is genuine and ongoing
As each relationship is different, Point Migration Agency will be able to assist each applicant in compiling the most relevant evidence for each application.
Subclass 820/801 Onshore Partner Visa
Subclass 820/801 Partner Visas are available for those who are married to or in a de facto relationship with an Australian Permanent Resident or Citizen or eligible New Zealand Citizen, and the applicant is already onshore in Australia.
How do I apply for a Subclass 820/801 Onshore Partner Visa?
The subclass 820 (temporary) is the initial stage for this application, and requires the applicant to have been in a de facto relationship with their qualifying partner for 12 months, be married, or have registered their relationship with the relevant State or Territory authority.
Two years from the date of the Subclass 820 Visa application, the applicant is then invited to submit further evidence that the relationship is continuing to allow the Department of Home Affairs to process the permanent stage, the Subclass 801 Visa (permanent).
Note: upon grant of the initial Subclass 820 visa, the applicant is entitled to Medicare access and work and study rights in Australia.
Subclass 309/100 Offshore Partner Visa
Subclass 309/100 Partner Visas are available for those who are married to or in a de facto relationship with an Australian Permanent Resident or Citizen or eligible New Zealand Citizen, and the applicant is outside of Australia.
How do I apply for a Subclass 309/100 Offshore Partner Visa
The process for the Offshore Partner Visa is similar to the Onshore Partner Visa process noted above, however the applicant must be outside of Australia when the temporary Subclass 309 visa is granted.
Upon successful application of the Subclass 309 Visa (temporary), the applicant may then enter Australia and be entitled to Medicare access and work and study rights in Australia.
As per the Onshore Partner Visa process, two years after the grant of the temporary Subclass 309 visa, applicants will then be given the opportunity to apply for the permanent Subclass 100 visa.
Prospective Marriage Visa Subclass 300
Prospective Marriage Visas allow fiancés of Australian citizens, Australian permanent residents or eligible New Zealand citizens, to enter Australia for 9 months to marry their fiancés. These are temporary visas only.
Within the 9 month period, the applicant must marry their fiancé. If the married couple decides to remain in Australia, then then applicant must then apply for a Spouse visa. These can only be applied for after marriage, and upon successful application will allow the applicant to remain in Australia permanently.
For more information check out our Prospective Marriage Visa page here.
The government charges for visa applications can be found here.
Which visa is right for you?
Contact us at the Point Migration Agency team office or submit a query online
Prospective Marriage Visa Subclass 300 allows fiancés of Australian citizens, Australian permanent residents or eligible New Zealand citizens, to enter Australia for 9 months to marry their fiancés. These are temporary visas only and can only be applied for by offshore applicants.