Partner Visa
The Australian Partner Visa allows foreign de facto partners or spouses of Australian citizens, Australian permanent residents or eligible New Zealand citizens to live in Australia.
Benefits
Access to Medicare
Unrestricted Work Rights
Pathway to Permanent Residency
Single Visa Application Charge
Allows for unlimited travel in and out of Australia
Access to Adult Migrant English Program (AMEP)
Do you qualify?
Please answer the below section to check your eligibility for an Australian Partner Visa
Types of Partner Visas
There are two types of Partner Visas:
Onshore Partner Visa
Subclass 820 Partner Visa (Temporary)
This visa is applied for whilst in Australia and will permit you to remain in Australia with your partner/spouse until a decision is made on your permanent Partner visa (subclass 801).
Offshore Partner Visa
Subclass 309 Partner visa (provisional)
This visa is applied for from outside Australia and will allow you to live temporarily in Australia until a decision is made on your permanent Partner visa (subclass 100).
Partner Visa Strategies
At Augustine & Co., we endeavour to provide you with a strategic action plan that serves as a solution piece to all your specific immigration needs and desires. The following are common partner visa strategies that we often utilise:
Strategy 1
Apply for an Onshore Partner Visa with Full Working Rights
If you are in Australia and hold a valid substantive visa, you may make a combined application for Subclass 820/801 Partner visas in Australia, before your visa expires. This will entitle you to full work rights and access to Medicare.
Strategy 2
Apply for an Onshore Partner Visa from a Bridging Visa
If you are in Australia, but not a holder of a substantive visa, you may still be able to apply for Subclass 820/801 Partner visas in certain circumstances.
In this case, we may be able to assist you by preparing your Partner Visa application, Schedule 3 Waiver and Work Rights application if applicable.
Strategy 3
Apply for a Tourist Visa followed by an application for an Onshore Partner Visa
We may recommend applying for an alternative visa to come to Australia with/without your partner/spouse. Once you are onshore, you may be able to apply for the Subclass 820/801 visas and receive a bridging visa with access to Medicare and full work rights.
Strategy 4
Apply for an Offshore Partner Visa followed by a Tourist Visa Application
If you are unable to obtain an alternate visa to come to Australia, depending on your specific circumstances, we may recommend applying for the offshore Subclass 309/100 visas followed by a Tourist visa application if your partner/spouse is in Australia, and you would like to visit them as soon as possible.
Each strategy that we recommend is catered towards your unique circumstances based on Australia’s complex immigration policy and legislative requirements. Therefore, we recommend that you schedule a consultation with us to discuss your visa matter, before applying.
How do Partner Visas Work?
The application process involves two stages:
The first stage would involve an in-depth assessment of all vital aspects of a genuine and continuing relationship which would lead to a decision being made on the temporary partner visa application.
Once the temporary partner visa is granted, the applicant is eligible to apply for the second stage, which is the permanent residency visa application, usually two years from the date of lodgement of the temporary partner visa application.
Exceptions to the 2 year Partner Visa Timeline
In accordance with Departmental policy, decision-makers are able to grant permanent residency at the initial application stage, if a couple has been in a long-term de facto/spousal relationship. The Department defines a long-term relationship as:
- being in a relationship for at least 3 years; or
- having a dependent child (other than a
stepchild) from the relationship between the applicant and the sponsor.
As such, if you have been in a long-term relationship and/or have a child together, you may be eligible for permanent residency through the partner visa route in a much shorter timeframe.
Current processing Time
The general processing times set by the Department for a Partner Visa are as follows:
309 PROCESSING TIMES
75% of applications: 18 months
90% of applications: 26 months
820 PROCESSING TIMES
75% of applications: 24 months
90% of applications: 31 months
Individual processing times for any given application may vary depending on an applicant’s specific circumstances, their country of origin, as well as the quality of the application lodged with the Department of Home Affairs, i.e. a decision ready application in compliance with all legislative and policy criteria.
Partner Visa Costs
When you apply for a partner/spouse visa, irrespective of where you apply from, you are taken to have applied for both the temporary and the permanent partner visas together, even though in practice, you will need to make a separate application for the second stage.
Hence, you are not required to pay any additional visa fees when lodging your permanent partner visa application.
- 820/801 or 309/100 Partner Visa Application AUD 7,850
Paid directly to the Department of Home Affairs at time of application: Visa application fee of $7,850 for the main applicant, $3,930 for any dependents over 18, and $1,965 for each child under 18.
- Medical Examination Approx AUD 350
Paid directly to the panel clinic/hospital that undertakes the medical examination for the applicants.
- Police Checks Cost Varies
Paid directly to the relevant authorities that issue national/state level police/character checks of the applicants.
Upcoming Partner Visa Changes (2021)
The Department of Home Affairs will be introducing a new sponsorship framework, requiring sponsors to be approved before their partners/spouses can apply for a Partner visa. These new changes are set to come into effect in or around November 2021.
What are the Proposed Changes?
New reforms will require partner visa applications to meet:
- English language requirement for permanent resident sponsors and Partner visa applicants; and
- Applying the sponsorship framework set out in the Migration Amendment (Family Violence and Other Measures) Act 2018 to the Partner visa program. This means the sponsorship application will be assessed separately and will need to be approved before a valid Partner visa application can be lodged.
What are The Implications of these changes?
This change will adversely impact onshore Partner visa applicants who want to lodge a partner visa application before their substantive visas expire.
Additionally, the changes will also require the applicant and the sponsor to demonstrate a functional level of English or demonstrate that they have made reasonable efforts to learn English in order to acclimate to the Australian community.
What Our Clients Think
We are most proud of our client relationships… Satisfied clients are the most important thing for us – so here’s what they have to say….
Frequently Asked Questions
To be eligible for an Australian Partner Visa, applicants must be in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. This includes meeting health and character requirements and proving the relationship’s authenticity through shared financial responsibilities, cohabitation, social recognition, and future plans together.
Applying for a Partner Visa from outside Australia typically involves the Subclass 309 (Provisional) leading to the Subclass 100 (Permanent) visa. The process starts with gathering all necessary documents, completing the relevant application form, and submitting it online through the Department of Home Affairs’ website. Ensuring you meet all the requirements before applying is crucial.
The Subclass 820 visa is a temporary partner visa that allows you to live in Australia if you are the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen. The Subclass 801 visa is the subsequent permanent stage of this visa, which you can apply for after proving the continuity and genuineness of your relationship for at least two years under the Subclass 820 visa.
Yes, same-sex couples are eligible to apply for Australian Partner Visas. Australia recognizes same-sex marriages and de facto relationships for immigration purposes. Applicants must meet the same eligibility criteria and provide similar evidence of their relationship as opposite-sex couples.
The cost of an Australian Partner Visa can vary depending on the specific subclass and whether additional charges apply for dependents or for health and character checks. As of the latest updates, the primary application fee starts around AUD 8,850. It’s advisable to check the Department of Home Affairs’ website for the most current fee structure.
The processing time for Australian Partner Visas can vary significantly based on the visa subclass, the completeness of the application, and the volume of applications being processed. Generally, temporary partner visas (Subclass 820/309) can take from 12 to 24 months, while permanent visas (Subclass 801/100) might take slightly longer due to the requirement of demonstrating a continuing relationship.
Common reasons for Partner Visa refusal include insufficient evidence of the relationship’s genuineness, failure to meet health or character requirements, inaccuracies or inconsistencies in the application, and failure to comply with visa conditions previously. Ensuring thorough, accurate documentation and adherence to all requirements is critical to avoid refusal.
If you’ve entered Australia on a Prospective Marriage Visa (Subclass 300), you and your partner must get married within the visa’s 9-month validity period. After marrying, you can apply for a Partner Visa (Subclass 820 and 801) to stay in Australia with your partner. It’s important to submit your Partner Visa application before the Prospective Marriage Visa expires to ensure a seamless transition without leaving Australia.
For a de facto relationship to be recognized for a Partner Visa application, you and your partner must have lived together for at least 12 months prior to applying. Exceptions to this rule include having your relationship registered with an Australian state or territory. Evidence of cohabitation, shared financial responsibilities, and social recognition of your relationship are crucial. Detailed documentation and statements about the nature of your partnership are necessary to prove the relationship’s genuineness and longevity.
If your relationship ends after you’ve been granted a temporary Partner Visa (Subclass 820) but before you’re eligible for the permanent Partner Visa (Subclass 801), you’re required to inform the Department of Home Affairs immediately. The circumstances of the relationship breakdown, such as domestic violence or having children in the relationship, can affect the outcome of your permanent Partner Visa application. In some cases, you might still be eligible for the permanent visa if specific criteria are met.
For more detailed information visit [Augustine & Co.’s Partner Visa Service Page] or Book a Consult to start your partner visa application with expert guidance. Our specialized team is committed to helping you navigate the complexities of the partner visa process, leveraging our expertise to enhance your application’s success.
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. Further, this info is subject to constant change based on any changes in the law, and therefore, is not intended to create, and receipt or viewing does not constitute a solicitor-client relationship. The reader should consult with an immigration lawyer prior to lodging any application as each lawful case may be different.
