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Partner Visa Australia

Partner visa options for spouses or de facto partners of Australian citizens and permanent residents

As Australia's largest independent migration law firm, our team of qualified partner visa lawyers have successfully secured permanent visas for countless clients, including several in complex, fraught circumstances.

Don't risk using an unregistered agent—our qualified lawyers are here to help!

Claim your free 20-minute consultation here

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澳大利亞移民律師的區別

The five types of Australian partner visas

Understanding each type of Australian partner visa, from temporary to permanent pathways, and their specific requirements is crucial. This guide provides a clear overview of the key visas, including who they are for, eligibility criteria, and what you need to know about applying. Whether you're planning to marry or are already in a committed relationship, our partner visa lawyers will find an option that suits your situation.

位置
Duration / Length
Eligibility requirements
Partner visa (820/801)

The partner visa subclass 820 and 801 is for those in a committed relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, allowing them to live in Australia. It starts with the temporary partner visa (820) and progresses to the permanent visa (801).

Applicants must be in Australia when applying and when the temporary visa 820 is granted.
The partner visa subclass 820 is temporary, leading to the 801 visa after approximately two years.
  • Must be in a genuine relationship with an Australian partner.
  • Must meet health and character requirements.
  • Must apply while in Australia.
Prospective marriage visa (300)

The prospective marriage visa is for individuals planning to marry their Australian partner, allowing entry to Australia before the wedding.

Applicants can be outside Australia when applying and must enter Australia before the marriage occurs.
This visa is temporary and is valid for up to 9 months from the date of grant.
  • Must be engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen.
  • Must intend to marry within the visa validity period.
  • Must meet health and character requirements.
Partner visa (309/100)

The 309/100 partner visa is for a spouse or de facto partner of Australian citizens, permanent residents, or eligible New Zealand citizens applying from outside Australia. It begins with the temporary 309 visa and leads to the permanent 100 visa.

Applicants must be outside Australia when applying and when the temporary 309 visa is granted.
The 309 visa is temporary, progressing to the 100 visa after approximately two years.
  • Must be in a genuine, ongoing relationship.
  • Must meet health and character requirements.
  • Must be outside Australia when applying and when the 309 visa is granted.
Family violence

This provision allows those experiencing family violence to still qualify for a partner visa even if the relationship ends, protecting vulnerable individuals.

Applicants can be in or outside Australia when applying, depending on their specific visa pathway and circumstances.
The duration aligns with the visa pathway, ensuring the applicant can remain in Australia while their application is assessed.
  • Must provide evidence of family violence.
  • Must have applied for a partner visa.
  • Must meet all standard visa criteria apart from the ongoing relationship requirement.
Schedule 3 partner visas

The Schedule 3 criteria apply to partner visa applicants who are unlawfully in Australia or on a bridging visa after a period of unlawful status. This additional set of requirements must be met to ensure that the applicant can apply for a partner visa despite their previous visa status issues.

Applicants must be in Australia when applying and must meet Schedule 3 criteria if they are unlawfully in Australia or on a bridging visa.
The Schedule 3 criteria apply throughout the visa processing period until the applicant’s partner visa application is assessed against these additional requirements.
  • Must be in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
  • Must meet health and character requirements.
  • Must provide compelling reasons for the period of unlawful stay or the breach of visa conditions.
  • Must meet specific Schedule 3 criteria, demonstrating that granting the visa would be in the interests of the applicant and their Australian partner.

Check your eligibility for an Australian partner visa

Determining your eligibility for a partner visa is the first step towards joining your loved one in Australia. To make this process easier, we've created a simple questionnaire that will help you understand which partner visa might be right for you. By answering a few quick questions, you can get a clearer idea of your options and the steps you need to take next.

Step 1/4

Is the sponsor an Australian Citizen, PR or NZ Citizen?

Please choose an option

Are the applicant and sponsor in a genuine, committed relationship?

Please choose an option

Are the applicant and sponsor married / de-facto?

Please choose an option

Is the applicant in Australia?

Please choose an option

Have they lived together / not separately for 12 months?

Please choose an option

Are they intending to marry before the end of the visa period?

Please choose an option

The applicant may be eligible for a Prospective Marriage Visa (Subclass 300)

This temporary visa allows you to come to Australia to marry your fiancé, who is an Australian citizen, permanent resident, or eligible New Zealand citizen. It is valid for 9 to 15 months, and after marriage, you can apply for a Partner Visa (Subclass 820/801) to stay in Australia with your spouse.

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准結婚簽證 (300)

This temporary visa allows you to enter Australia to marry your fiancé, who is an Australian citizen, permanent resident, or eligible New Zealand citizen. It’s valid for 9 to 15 months, after which you can apply for a Partner Visa (Subclass 820/801) to remain in Australia with your spouse.

The applicant may be eligible for a Partner Visa (Subclass 820/801)

This visa is for those in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. It begins with the Subclass 820 visa, granting temporary residency, and progresses to permanent residency with the Subclass 801 visa.

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配偶簽證 (820/801)

The partner visa subclass 820 and 801 is for those in a committed relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, allowing them to live in Australia. It starts with the temporary partner visa (820) and progresses to the permanent visa (801).

The applicant may be eligible for a Partner Visa (Subclass 309)

The Partner Visa (Subclass 309) allows you to live in Australia with your partner if you are in a de facto relationship or married to an Australian citizen, permanent resident, or eligible New Zealand citizen. This visa offers the freedom to live, work, and study in Australia while reuniting with your partner.

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Partner Visa (309)

如果您處於事實關係中,或者是澳大利亞公民,澳大利亞永久居民或符合條件的紐西蘭公民的配偶,並且目前在澳大利亞境外,則可以使用此簽證。該簽證允許您來澳大利亞與您的伴侶一起生活。您可以不受限制地生活、學習、工作和旅行。

Is the applicant in Australia?

Please choose an option

Are they intending to marry before the end of the visa period?

Please choose an option

The applicant may be eligible for a Prospective Marriage Visa (Subclass 300)

This temporary visa allows you to come to Australia to marry your fiancé, who is an Australian citizen, permanent resident, or eligible New Zealand citizen. It is valid for 9 to 15 months, and after marriage, you can apply for a Partner Visa (Subclass 820/801) to stay in Australia with your spouse.

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准結婚簽證 (300)

This temporary visa allows you to enter Australia to marry your fiancé, who is an Australian citizen, permanent resident, or eligible New Zealand citizen. It’s valid for 9 to 15 months, after which you can apply for a Partner Visa (Subclass 820/801) to remain in Australia with your spouse.

The applicant may be eligible for a Partner Visa (Subclass 820/801)

This visa is for those in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. It begins with the Subclass 820 visa, granting temporary residency, and progresses to permanent residency with the Subclass 801 visa.

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配偶簽證 (820/801)

The partner visa subclass 820 and 801 is for those in a committed relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, allowing them to live in Australia. It starts with the temporary partner visa (820) and progresses to the permanent visa (801).

The applicant may be eligible for a Partner Visa (Subclass 309)

The Partner Visa (Subclass 309) allows you to live in Australia with your partner if you are in a de facto relationship or married to an Australian citizen, permanent resident, or eligible New Zealand citizen. This visa offers the freedom to live, work, and study in Australia while reuniting with your partner.

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Partner Visa (309)

如果您處於事實關係中,或者是澳大利亞公民,澳大利亞永久居民或符合條件的紐西蘭公民的配偶,並且目前在澳大利亞境外,則可以使用此簽證。該簽證允許您來澳大利亞與您的伴侶一起生活。您可以不受限制地生活、學習、工作和旅行。

Is the applicant in Australia?

Please choose an option

Your answers indicate that you may not be eligible for an Australian partner visa

However, please contact our team to explore your visa options, as there are many other options available

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Requirements for an Australian partner visa application

To apply for a partner visa, you must meet certain key requirements to demonstrate the validity of your relationship, your personal health standards, financial stability, and sponsorship eligibility. For more information on when you can apply for a partner visa, it’s important to understand these requirements thoroughly. By law, decision makers when granting a visa are required to take into account four main factors.

Download requirement checklist

Joint financial management

Evidence of shared financial responsibilities, such as joint bank accounts, demonstrates the partnership's financial interdependence.

Shared financial goals

Applicants should show they have aligned financial goals, like saving for a home or planning joint investments.

Financial support

Documentation of one partner financially supporting the other, if applicable, indicates a genuine partnership.

Shared expenses

Proof of shared expenses, like utility bills or rent, supports the evidence of financial cooperation.

Asset ownership

Evidence of jointly owned assets, such as a car or property, can strengthen the application by showing shared financial investment.

Shared residence

Proof of living together, such as lease agreements or utility bills, confirms the cohabitation aspect of the relationship.

Household duties

Evidence of shared household responsibilities, like grocery shopping or chores, indicates a genuine living arrangement.

Joint household management

Documentation showing joint decisions on household management, such as home improvements, reflects partnership in daily life.

Household membership

Acknowledgment by third parties of both partners as members of the same household adds credibility to the living arrangement.

Living arrangements

Consistent living arrangements over time, with evidence like dated mail, support the application by showing stability.

Social recognition

Statements from friends and family confirming the relationship can help validate the social aspect of the partnership.

Shared social activities

Proof of participation in social activities together, such as attending events or travelling, shows a genuine bond.

Mutual friends

Having a shared social circle, evidenced by joint social media connections or group photos, demonstrates social integration.

Public recognition

Evidence of public acknowledgment of the relationship, like being introduced as a couple in social settings, supports the application.

Social media presence

Joint social media presence or shared posts about significant life events can reinforce the social legitimacy of the relationship.

Future planning

Documentation of future plans together, such as travel itineraries or financial planning, reflects long-term commitment.

Emotional support

Evidence of emotional support, like personal correspondence or messages, demonstrates the emotional connection.

Long-term intentions

Statements expressing intent to stay together long-term, whether written or verbal, support the genuine nature of the commitment.

Exclusive commitment

Proof of exclusivity, such as statements about not dating others, underscores the seriousness of the relationship.

Joint decision-making

Evidence of making significant decisions together, such as career moves or family planning, highlights the depth of the commitment.

Our partner visa application process

Understanding how to apply for a partner visa for Australia is crucial, and we're here to simplify every aspect for you. Our process is designed to guide you every step of the way, from the initial consultation to the final approval.

1. Initial consultation

2.  Document preparation

3. Application submission

4. Ongoing support

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Count on Australian Migration Lawyers to bring your family together

We are deeply committed to reuniting families and providing compassionate support throughout your visa journey. With decades of experience, we stand by you every step of the way, whether you're in Australia or overseas. Our flexible approach means you can meet with us in person or online, ensuring we’re accessible whenever you need us.

Our team of dedicated partner visa lawyers understands that every case is unique. We take the time to listen, guide, and empower you with the best possible advice, treating your goals as our own. We are not just legal representatives; we are your partners in navigating the migration process, working tirelessly to keep your family together and bring your loved ones home.

It’s always worth working with our experienced partner visa lawyers

Applying for a partner visa can be challenging and overwhelming, especially with the complexities of legal requirements and the potential for unexpected hurdles. Working with us offers significant advantages, providing you with guidance, peace of mind, and a tailored approach to your unique situation.

  • We simplify complex cases: We can navigate intricate scenarios and ensure your application meets all legal requirements.
  • We handle the paperwork for you: We make sure your documents are accurate, complete, and submitted correctly, reducing the risk of errors.
  • We help lower your risk of refusal: With our deep understanding of partner visa regulations, we address potential issues early on, enhancing your chances of success.
  • We’re here to support your needs: Whether it’s overcoming language barriers, managing stress, or personal challenges, we’re with you every step of the way to provide the resources and guidance you need.
  • We keep you informed: Our team ensures you’re updated throughout the entire process, so you always know what to expect next.
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Everything you need to know about partner visa costs

Understanding the costs involved in applying for a partner visa is crucial for planning your journey. The cost of Australian partner visas generally includes application fees, medical examinations, police checks, and potential document translations. It’s important to consider these factors when preparing your application to ensure a smooth process without unexpected financial surprises.

Your expenses can vary based on the type of visa you’re applying for and your individual circumstances. We’ve outlined the primary costs you can expect when applying for different partner visas to help you budget accordingly.

瞭解有關伴侶簽證費用的更多資訊
Schedule 3 partner visas
  • $9,095 -the main applicant (visa application fee),
  • $4,550 – any child over 18 and
  • $2,280 – each child under 18 years of age
Family violence
  • $9,095 -the main applicant (visa application fee),
  • $4,550 – any child over 18 and
  • $2,280 – each child under 18 years of age
Partner visa (820/801)
  • $9,095 -the main applicant (visa application fee),
  • $4,550 – any child over 18 and
  • $2,280 – each child under 18 years of age
Prospective marriage visa (300)
  • $9,095 -the main applicant (visa application fee),
  • $4,550 – any child over 18 and
  • $2,280 – each child under 18 years of age
Partner visa (309/100)
  • $9,095 -the main applicant (visa application fee),
  • $4,550 – any child over 18 and
  • $2,280 – each child under 18 years of age

Testimonials from successful partner visa applicants

Explore these real-life success stories from clients who’ve been through the partner visa process with us.

"I can't recommend enough highly them! We had an excellent experience with Olivia Harms, she was professional, efficient, and incredibly warm. She made the complex partner visa process much easier to understand, guiding us through every step with clarity and support. Their service was worth every dollar and we are so grateful for their help in getting our visa granted."

Mireya González

"Highly recommend this friendly, proffesionally and affordable lawyer firm! Our Appointed lawyer Nat went above and beyond for us at every given opportunity to help us secure our partner visa and we look forward to working with her again when the time comes to apply for residency!"

Eaione Mcgarry

"Nat and the team at Migration Lawyers Australia have been nothing short of incredible. Their support in organising my partner's PR has been exceptional! We couldn't have asked for a more dedicated and helpful group of professionals. Highly recommend their services. A big thank you again, Nat and team!"

Aaron Hills

Processing times for partner visa applications

Partner visa processing times generally range from 12 to 24 months, depending on the visa type and specific circumstances of your application. Factors such as the accuracy of your submission, the completeness of your documents, and the time of lodgement can all influence the timeframe. Understanding these elements can help you better anticipate the process and manage expectations.

Other factors that impact processing times include government efficiency and external checks like health and character assessments. To learn more about how long partner visa processing takes in Australia, it’s important to consider these common variables:

  • Additional documentation requests or delays in health and character checks can extend processing times.
  • High application volumes, especially during peak periods, may result in longer waiting periods.
  • Incomplete or inaccurate applications can cause significant delays, emphasising the need for thorough preparation.
瞭解有關處理時間的更多資訊

Recent changes to partner visa laws

Navigating partner visa laws can be complex, especially with the frequent updates and changes to regulations. We’re committed to staying ahead of these changes, so you don’t have to. Our experience ensures that your application reflects the latest legal requirements, giving you the best chance of success. Explore our timeline below to stay informed about the most recent updates in partner visa laws and see how we help you adapt to these evolving legal landscapes.

July, 2024

The requirement for ties to Australia was removed for Partner visa (820/801) applicants with deceased sponsors​.

July, 2024

Prospective Marriage visa (300) holders can now apply for Partner visas (820/801) without needing to marry their sponsor, under new relationship cessation provisions.

July, 2024

Subclass 309/100 visa applicants can now access family violence and sponsor death provisions without needing to be in Australia at the decision time​.

July, 2024

The definition of family violence was updated to be more inclusive, using "experienced" instead of "suffered," reflecting a respectful approach.

Real partner visa success stories from our clients

We’re proud to share the success stories of clients who have trusted us with their partner visa applications. From overcoming complex challenges to achieving quick approvals, these testimonials highlight the difference legal guidance can make. Read on to see how we’ve helped individuals and families navigate the visa process with confidence, turning their dreams of living together in Australia into reality.

Common issues and solutions

Navigating the partner visa application process can be challenging, with various obstacles that might arise along the way. Whether it’s meeting the eligibility requirements or addressing unexpected complications, understanding the common issues and their solutions can help you feel more prepared and confident. Below, we outline some typical problems faced by partner visa applicants and how to overcome them with the right approach.

Problem: current visa expires

Your current visa is expiring, or expired, and you want to apply for a partner visa.

Solution

If you apply for the partner visa before your current visa expires you will be covered by a Bridging Visa A (BVA) which will allow you to stay in Australia whilst you wait for your application to be processed. If you lodge your partner visa application after your current visa expires your application may be considered invalid because you do not  hold a substantive visa at the time of application. In this case you would need to apply for a Bridging Visa E (BVE) to ensure you remain in Australia lawfully whilst you resolve your immigration status. 

Problem: Current visa is cancelled

Your current visa has been cancelled and you want to apply for a partner visa.

Solution

If your visa has been cancelled and you want to apply for a partner visa (Subclass 820) in Australia, the process can be complex. However, partner visa applications are exempt from the Section 48 Bar, meaning you can apply for a partner visa even after a visa cancellation. You should  

  1. Apply for a Bridging Visa E (BVE) whilst you sort out your immigration status  
  2. Prepare and submit your partner visa (subclass 820) application, addressing the visa cancellation in your application.

Problem: You separate during the visa processing period

You and your partner separate during the partner visa processing period.

Solution

If you separate before the temporary partner visa is granted (subclass 820 or 309), the Department of Home Affairs should be notified and typically, the application will be refused. 

If you have been granted the temporary visa but separate before the permanent visa decision, the visa can still be refused, however there are exceptions for specific circumstances. 

If you separate once the partner visa is granted, it does not affect your visa status, and you can remain in Australia as a permanent citizen. 

If you want to learn more about relationships ending on a Partner Visa.

Problem: You can’t access all necessary documents

You cannot access all necessary documents whilst completing your application for a partner visa.

Solution

If you cannot access or obtain certain documents it does not mean you cannot submit an application. You can submit alternative evidence, statutory declarations or personal statements to strengthen your case.  

If you cannot provide the documents in the specified timeframe you can request an extension of time with the Department of Home Affairs before the original timeframe for response expires.

Problem: Insufficient evidence of relationship

You don’t have sufficient evidence of your relationship when applying for a partner visa.

Solution

If you have insufficient evidence for your relationship, submitting alternative evidence, such as personal statements, statutory declarations, and social proof can strengthen your application.

You can provide explanations for gaps in evidence and include any supporting documents showing shared responsibilities, future intentions, and financial arrangements. 

Seeking professional advice from a migration lawyer is recommended to address the issue of insufficient evidence and improve your chances of a successful partner visa application.

Problem: Partner is offshore

You’re applying for a partner visa but your partner is currently offshore (outside Australia).

Solution

If you want to apply for a partner visa but your partner is offshore (outside Australia), you will need to apply for an offshore partner visa (Subclass 309/100). 

Important Considerations: 

  • The offshore partner visa (subclass 309) does not automatically grant a Bridging Visa A (BVA) 
  • If your partner is in Australia on another visa (e.g., visitor or student visa), they will need to leave the country before the 309 visa is granted.

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常見問題

Whether you’re just starting your partner visa application, midway through the process, or simply seeking answers, we’re here to help. Below are some frequently asked questions.

獲得伴侶簽證有什麼好處?

A partner visa provides stability for you and your sponsoring Australian partner, allowing you to live and build a life together in Australia without the stress of temporary status. It offers various benefits, even before permanent residency is granted.

作為309、820或300簽證的子類別持有人,您可以:

  • Enter Australia (subclass 309 and 300).
  • Work without restrictions and earn at least the minimum wage.
  • Study without limitations.
  • Travel freely in and out of Australia.
  • Access Medicare.
  • Get married (subclass 300).

作為100類或801類簽證持有人,除上述內容外,您還可以:

  • Enjoy full Medicare access.
  • Pay domestic student fees at Australian institutions.
  • Apply for citizenship once residence requirements are met.
  • Sponsor family members under relevant programs.

我可以在持有過橋簽證期間申請伴侶簽證嗎?

Yes, you can, but you must obtain permission from the Department to stay in Australia while your subclass 820 application is processed. This requires showing compelling reasons. The requirements are strict, so please contact us to discuss what you'll need for your partner visa application.

*Applicable to subclass 820/801 visa applicants.

Can I appeal if my partner visa application is refused?

Yes, the applicant or sponsor can usually appeal the refusal to the Administrative Review Tribunal, which will review the decision according to the law. Our legal team is experienced in the appeals process and can represent you before the Tribunal.

成為澳大利亞永久居民後會發生什麼?

Once you obtain a permanent partner visa, you can apply for Australian Citizenship after meeting residence requirements. We can guide you on the specific requirements and help you navigate the process to become a citizen as efficiently as possible.

Can a permanent partner visa be cancelled in Australia?

Yes, permanent partner visas can be cancelled under certain conditions, such as providing false information, breaching visa conditions, or engaging in serious criminal activity. If you’re concerned about a potential cancellation, please contact us promptly, as opportunities to appeal have strict time limits.

關於內容作者

佩里·伍德
合夥人 - 首席移民律師

Perry Q Wood is Immediate Past President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.

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