Partner visas

Partner visas

If you are in a relationship with an Australian citizen, permanent resident or an eligible New Zealand citizen, then you may be eligible for one of the partner visas.

You must be able to prove that your relationship is genuine and continuing. You must live with your partner or if you do not, any separation must be only temporary. You must also meet health and character requirements.

The Prospective Marriage visa is for people who want to come to Australia to marry their prospective spouse. It is a temporary visa for nine months. You must be outside Australia when you lodge your application and when the visa is granted. You can have the wedding in any country: the wedding does not need to be in Australia. Your application must include proof that you plan to marry your prospective spouse within nine months of being granted the visa.

You might be able to get this visa if you intend to marry:

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen

You must:

  • genuinely intend to marry and live as husband or wife with your prospective spouse
  • be sponsored by your prospective spouse
  • know your prospective spouse and have met in person (even if it is an arranged marriage)
  • be the opposite sex to your prospective spouse (same-sex couples can apply for a Partner visa based on their de facto relationship)
  • be at least 18 years of age to apply for this visa
  • meet health and character requirements

This visa allows you to:

  • enter Australia before you marry your prospective spouse
  • travel in and out of Australia as often as you want
  • work in Australia, although some employers might not hire people with temporary visas
  • study in Australia, but with no access to government funding for tertiary study
  • apply for a Partner visa, in Australia, after your marriage

This is an offshore visa which allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to travel to and live in Australia.

You must be outside Australia when you apply and also when the temporary visa (subclass 309) is granted.

It is a combined application for both temporary and permanent visas. First stage is the temporary visa. Once the temporary visa (subclass 309) has been granted, you are invited to apply for the second stage i.e. permanent visa (subclass 100) after 2 years of the temporary visa application. You can be in or outside Australia when the permanent visa (subclass 100) is granted.

Only one visa application charge is payable at the time of first stage application.

If your application is based on a marriage:

  • you must be legally married to an Australian citizen, permanent resident, or eligible New Zealand citizen

If your application is based on a de facto relationship:

  • you must have been in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen for at least 12 months prior to lodging your application (unless there are compelling or compassionate circumstances) AND
  • you and your partner must both be at least 18 years old, and must not be closely related

In all cases:

  • you and your spouse/partner must be in a mutually exclusive relationship;
  • that relationship must be genuine and continuing
  • you and your spouse/partner must either live together, or live apart on a temporary basis only

This is an onshore visa, which allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia.

You must be in Australia when you apply and also when the temporary visa (subclass 820) is granted.

It is a combined application for both temporary and permanent visas. First stage is the temporary visa. Once the temporary visa (subclass 820) has been granted, you are invited to apply for the second stage i.e. permanent visa (subclass 801) after 2 years of the temporary visa application. You must be in Australia when the permanent visa (subclass 801) is granted.

Only one visa application charge is payable at the time of the first stage application.

If your application is based on a marriage:

  • you must be legally married to an Australian citizen, permanent resident, or eligible New Zealand citizen

If your application is based on a de facto relationship:

  • you must have been in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen for at least 12 months prior to lodging your application (unless there are compelling or compassionate circumstances) AND
  • you and your partner must both be at least 18 years old, and must not be closely related

In all cases:

  • you and your spouse/partner must be in a mutually exclusive relationship;
  • that relationship must be genuine and continuing
  • you and your spouse/partner must either live together, or live apart on a temporary basis only

Sponsor a partner

To be a sponsor you must:

  • be an Australian citizen, an Australian permanent resident or eligible New Zealand citizen
  • not have previously sponsored more than one other fiancé, partner, or spouse for migration to Australia, and not have sponsored a fiancé, spouse, or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)
  • not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances)
  • be married, be in a de facto relationship with your partner, or intend to marry before the visa is decided
  • be older than 18 years of age
  • be of good character and consent to disclosing your convictions to the visa applicant

 

If you are married and younger than 18 years of age, a parent or guardian must be the sponsor. That parent or guardian must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

 

Australian permanent residents or eligible New Zealand citizens are expected to be living in Australia. Eligible New Zealand citizens might need to have a health examination or character check.

 

If you have been granted a Woman at Risk (subclass 204) visa in the last five years, you cannot sponsor:

  • someone who was your partner when you were granted a Woman at Risk visa (subclass 204)
  • a previous partner that you did not tell DHA about when you were granted your Woman at Risk visa (subclass 204).

If you hold a Partner visa

The Partner visa (subclass 820) lets you:

  • stay in Australia until a decision is made about your permanent Partner visa
  • work in Australia
  • study in Australia, but with no access to government funding
  • apply for Medicare.

 

If you are granted a permanent visa, you can:

  • stay in Australia indefinitely
  • work and study in Australia
  • apply for Australian citizenship (if you are eligible)
  • sponsor eligible relatives for permanent residence
  • receive some social security payments
  • travel to and from Australia for five years from the date the visa is granted – after that time you will need another visa to enter Australia.

 

If you would like a quick assessment to check your suitability and eligibility for a Partner visa for yourself or your partner, please fill out and submit the Online Assessment Form!