How to apply for a Partner visa for Australia?

For some, navigating the Australian immigration system is not dissimilar to finding your way through a never-ending maze. We're here to help you with that.

We understand there's an overwhelming amount of information out there about the options available, making it tough to distinguish fact from fiction. That's why we're committed to being your trustworthy guide on this journey. Whether your aim is a temporary, provisional, or permanent Partner visa, or perhaps the Prospective Marriage visa, we can assist you. Understand more about the different Partner visas.

Work with us to ensure you submit the best possible application to obtain an Australian visa, ensuring optimal clarity and peace of mind throughout the process.

The application process

Checking if you are eligible for a Partner visa

If you are pursuing the Partner visa pathway as an option to live in Australia with your partner, both temporary and permanent options are available. The first step is to meet with a professional migration lawyer to advise on your visa eligibility for visas such as subclass 820 and subclass 309, depending on your circumstances and if your partner is onshore or offshore.

In each case, the Sponsor is required to be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. 

Applying for a Temporary Partner Visa (Subclass 820) or a Provisional Partner Visa (Subclass 309)

Once you engage Australian Migration Lawyers, we will provide you with a detailed checklist of all the documentation and evidence about the social, financial and other aspects of your relationship required for a comprehensive application. We will review all documentation and prepare submissions with you. We will also lodge on your behalf and be the key point of contact for the Department of Home Affairs if they have any questions. 

As simple as these steps above might appear, don’t be fooled. Working with an Australian migration lawyer is also important. We understand your application's legislative and policy requirements and will ensure a comprehensive case is presented. This experience can sometimes be the difference between obtaining a visa and not. We can assist you at all stages of the process and appeals if required.

Applying for a Prospective Marriage Visa (Subclass 300)

The Prospective Marriage visa (300) is another option that might suit you and your partner. If you're engaged and planning to marry an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, this might be the right path for you.

Transitioning from a Temporary Partner Visa to a Permanent Partner Visa (Subclass 801 or 100)

After living in Australia on a temporary partner visa, you may be eligible to apply for a Permanent Partner visa. Our Australian Migration Lawyers team can advise if you might be eligible to apply for a Permanent Partner Visa (after being on a Temporary Partner visa 820 and 309) and the evidence required. If you are, it will require you to continue to gather evidence regarding the nature of your ongoing relationship, including shared financial responsibilities and social activities. The costs for this stage are less as it often builds on earlier temporary applications and provides further evidence.

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To learn more about a partner visa, contact Australian Migration Lawyers for a consultation.

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Breaking down the application steps

Applying for a partner visa in Australia involves several important steps. Here’s a breakdown to help guide you through the process:

1. Determine your eligibility

Before starting your application, confirm that you meet the eligibility criteria. This includes being in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. You’ll need to provide evidence of your relationship, such as joint financial commitments, shared household responsibilities, and social acknowledgment of your relationship.

2. Choose the right visa type

Decide which partner visa subclass is appropriate for your situation. There are different options available, including:

• Temporary Partner Visa (Subclass 820): For applicants already in Australia.
• Permanent Partner Visa (Subclass 801): Typically follows after holding a Subclass 820 visa.
• Provisional Partner Visa (Subclass 309): For applicants outside Australia.
• Migrant Partner Visa (Subclass 100): Typically follows after holding a Subclass 309 visa.
• Prospective Marriage Visa (Subclass 300): For applicants outside Australia who are engaged to an Australian partner.

3. Gather required documents

Collect all necessary documents to support your application. This typically includes:

• Identification documents (e.g., passport, birth certificate)
• Evidence of your relationship (e.g., photos, joint accounts)
• Police certificates from any country you’ve lived in for 12 months or more over the last 10 years
• Health examinations and medical certificates

4. Complete the application Form

Fill out the appropriate application form. Ensure that all information provided is accurate and consistent with your supporting documents. The form will ask for details about your relationship, personal history, and any dependents included in the application.

5. Pay the visa application fee

Pay the visa application fee at the time of submission. The fee varies depending on the visa subclass and whether you apply from inside or outside Australia. Keep in mind that the application fee is non-refundable, even if your application is unsuccessful.

6. Submit application

Submit a completed application form and all supporting documents online. It’s essential to upload all required documents to avoid delays in processing. After submission, you will receive a confirmation of your application, which includes your application reference number.

7. Prepare for further requests

After submitting your application, the Department of Home Affairs may request additional information or documents. Be prepared to provide these promptly to avoid delays in visa processing.

8. Attend a visa interview (If required)

In some cases, you may be asked to attend an interview as part of the application process. This interview is an opportunity to discuss your relationship and provide further evidence if needed.

9. Await the outcome

Processing times for partner visas can vary. During this time, it’s crucial to maintain your eligibility status and continue to provide any additional information requested by the Department of Home Affairs. You can track the status of your application online.

10. Receive your visa decision

Once your application has been processed, you will receive a decision. If granted, you’ll be provided with your visa details, including any conditions that apply. If your application is refused, you will be informed of the reasons and your options for appeal.

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Special Considerations

Applying when on another visa type

If you're already holding another type of Australian visa (visitor, skilled, protection, others), it is important to get advice from the team at Australian Migration Lawyers on the conditions of your visa and what options are available to you before you start a new process. Our team can meet with you to discuss your requirements and pathways.

Every couple's journey is unique, so seeking professional support is crucial to make it as straightforward as possible.

Frequently asked questions about the Partner visa application process

Who can apply for a partner visa in Australia?

Individuals in a spouse or de facto relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen can apply for partner visas in Australia. The relationship must be genuine and continuing, and the applicant must meet health and character requirements.

What is the difference between a temporary visa and a permanent visa in the context of partner visas?

A temporary visa (such as Subclass 820 for onshore applicants) allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia temporarily while their permanent visa (such as Subclass 801) is being processed. The permanent visa, also known as a permanent partner visa, allows the holder to stay in Australia indefinitely once granted.

Can I apply for a partner visa if I am in a de facto relationship?

Yes, you can apply for a partner visa if you are in a de facto relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. You will need to provide evidence that your relationship is genuine and has been ongoing for at least 12 months before the application unless you have registered your relationship or there are compelling and compassionate circumstances.

What documents do I need for a partner visa application?

When applying for a partner visa, you’ll need to provide various documents, including proof of your spouse or de facto relationship, identification documents, health and character certificates, and evidence that your relationship is genuine and continuing. The specific requirements may vary depending on whether you’re applying for a temporary or permanent partner visa.

How long does processing a partner visa application take?

The processing time for partner visa applications can vary depending on the type of visa and individual circumstances. Typically, temporary visas (such as Subclass 820) take between 12 and 26 months, while permanent partner visas (such as Subclass 801) can take an additional 11-30 months. It’s important to ensure that all documentation is complete and accurate to avoid delays.

What happens after my partner visa is granted?

Once your partner visa is granted, you can live, work, and study in Australia. If you have been granted a temporary visa, you will need to wait for the processing of your permanent partner visa. As a visa holder, you must comply with any conditions attached to your visa and inform the Department of Home Affairs if your circumstances change.