Overview

You may apply for a Partner visa if you are engaged, married, intend to get married, or in a de facto relationship with an Australian citizen or permanent resident. Relationships include same sex relationships. To apply you need to be sponsored by your Australian citizen or permanent resident partner.

There are different kinds of partner visa depending on the nature of your relationship. The best visa option depends on the nature and status of your relationship and your location at the time you apply.

Summary of Partner Visa Options

Prospective Marriage visa (Subclass 300)

The Prospective Marriage visa allows a person who is engaged to an Australian permanent resident or citizen (including same sex partner) to come to Australia to marry their Australian fiancé. This visa is valid for 9 months and carries full work rights. After getting married you can apply for a Provisional and Permanent Partner visa. You must be outside Australia when you apply for this visa and outside Australia when the decision is made.

Provisional Partner visa and Permanent Partner visas

The Provisional Partner visa allows a person married to or in a de facto relationship with an Australian permanent resident or citizen (including same sex partner) to migrate to Australia. This visa carries full work rights and gives free access to the public health system. You apply for the provisional and permanent visa at the same time.

The visa is in most cases initially granted for 2 years, and if after two years the marriage or de facto relationship is on-going, a Permanent Partner visa is granted.

Applying from within Australia (Subclass 820 and 801)

Applying for a Partner visa from within Australia triggers the granting of a bridging visa that keeps you in Australia until the final decision is made on the visa application. To apply for a Partner visa from within Australia you need to hold another kind of visa. Processing times for a Partner visa lodged inside Australia can be slow and average 6 to 12 months. During this period, you will have full work rights and access to Medicare.

Processing times are approximate and can change.

Applying from outside Australia(Subclass 309 and 100)

You can apply for a Partner visa from outside Australia. Processing times for a partner visa made outside Australia are also slow and average between 6 to 12 months. We note these times frames are approximate and can change. You must be outside Australia when the visa application is decided. You can also apply for a Partner visa based on an intention to marry. This would allow you to apply for the visa before you are married and then get married in a traditional setting in your country.

More information about the different kinds of Partner visa is set out below.

Partner
Visa - Offshore
(Subclass 309 & 100)

This visa lets the de facto partner or spouse of an Australian citizen or Australian permanent resident live in Australia temporarily and then permanently. You apply for these visas if you are outside Australia. You apply for both visas at the same time.

Getting this visa is the first step towards a permanent Partner visa (Subclass 100).

With this visa you can

  • work in Australia;
  • study in Australia (you will not receive government support);
  • travel to and from Australia as many times as you want;
  • attend up to 510 hours of free English language classes provided by the Adult Migrant English Program;
  • enrol in Australia’s public health care scheme, Medicare.

How long you can stay

You can live and work in Australia until the Department of Home Affairs grants your permanent Partner (Migrant) visa (Subclass 100). For most applicants, this is two years after you apply for the visas.

In some circumstances, including where you have been in a long term relationship before you apply or have children with your partner, you may be granted the permanent visa immediately.

For Partner (Provisional) (Subclass 309)

  • You must be outside of Australia when lodging an application and when the decision is made;
  • You must be spouse or de facto partner of Australian citizen, permanent resident or eligible New Zealand citizen;
  • You must be at least 18 years of age or more when you apply for this visa (applied to both spouse and de facto partner);
  • You must have a sponsor if your partner is less than 18 years of age (your partner’s parent or guardian who are an Australian citizen, permanent resident or eligible New Zealand citizen);
  • You must meet health and character requirements.

For Partner (Migrant) (Subclass 100)

  • You must hold a temporary partner visa (Subclass 309);
  • The relationship must be genuine and on-going (except in the case of death or domestic violence);
  • You must have complied with all Australian laws and the conditions of your temporary Subclass 309 visa.
  • Sponsor (partner)

    Your sponsor must:

    • be an Australian citizen or permanent resident;
    • 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);
    • provide police checks to the Australian Government when requested, and consent to the department disclosing any conviction for “relevant offences” to the applicant(s) being sponsored.
    • The sponsorship may not be approved if he or she has a substantial criminal history or history of domestic or sexual abuse. A relevant offence includes, but is not limited to offences involving violence, intimidation, breaching a protection order, people smuggling, human trafficking and weapons.

      To discover whether you are eligible for Partner visa, we invite you to book a consultation with one of our expert migration lawyers.

Processing times are indicative only and may vary depending on individual circumstances or government policy. The latest processing times published by the Department of Home Affairs are as follows:

  • 75% of applications: 6 months.
  • 90% of applications: 12 months.

This visa costs AUD7,715 for the main applicant. This fee covers both:

  • the temporary visa subclass 309; and
  • the permanent Partner (Migrant) visa (Subclass 100).
  • There is also a fee for each dependent family member who applies for the visa with you.

    To work out how much your visa might cost use the Visa pricing estimator.

    The estimator does not take into account other costs you might also have to pay such as police certificates, health checks, biometrics and professional fees for assistance with the application process.

Partner
Visa - Onshore
(Subclass 820 & 801)

This visa lets the de facto partner or spouse of an Australian citizen or Australian permanent resident live in Australia temporarily and then permanently. You apply for these visas if you are already in Australia with another kind of visa. You apply for both visas at the same time. On applying for the visa you will be granted a bridging visa with work rights and access to Medicare.

Getting this visa is the first step towards a permanent Partner visa (Subclass 801).

With this visa you can

    • work in Australia;
    • study in Australia (you will not receive government support);
    • travel to and from Australia as many times as you want;
    • attend up to 510 hours of free English language classes provided by the Adult Migrant English Program;
    • enrol in Australia’s public health care scheme, Medicare.

How long you can stay

You can live and work in Australia until the Department of Home Affairs grants your permanent visa (Subclass 801). For most applicants, this is two years after you apply for the visas.

Applicants who have been in a long term relationship or have children with their partner may be granted permanent residence immediately.

For Subclass 820

  • You must be 18 years or more at the time of lodging a visa;
  • You must be in Australia at the time of lodging a visa and when the visa is granted;
  • You must have a sponsor (husband/wife/de facto partner);
  • You must meet health and character requirements.

For Subclass 801

  • You must hold a temporary partner visa (Subclass 820);
  • You must be in the continuing relationship with your spouse or de facto partner unless the relationship has been ended under special circumstances;
  • You must have complied with all Australian laws and conditions of your Subclass 820 visa;
  • You must not have a visa cancelled or refused while living in Australia on 820 visa.
  • Sponsor (partner)

    Your sponsor must:

    • be an Australian citizen or permanent resident;
    • 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);
    • provide police checks to the Australian Government when requested, and consent to the department disclosing any conviction for “relevant offences” to the applicant(s) being sponsored.
    • The sponsorship may not be approved if he or she has a substantial criminal history or history of domestic or sexual abuse. A relevant offence includes, but is not limited to offences involving violence, intimidation, breaching a protection order, people smuggling, human trafficking and weapons.

      To discover whether you are eligible for Partner visa, we invite you to book a consultation with one of our expert migration lawyers.

Processing times are indicative only and may vary depending on individual circumstances or government policy. The latest processing times published by the Department of Home Affairs are as follows:

  • 75% of applications: 6 months;
  • 90% of applications: 12 months.

This visa costs AUD7,715 for the main applicant. This fee covers both:

  • the temporary visa subclass 820; and
  • the permanent Partner (Migrant) visa (Subclass 801).
  • If you hold a Prospective Marriage visa (Subclass 300), the fee for the main applicant is AUD$1,285. However, if you previously held a Prospective Marriage visa but did not apply for the Subclass 820 and 801 visas before that visa expired the the fee will be AUD$1,630.

    There is also a fee for each family member that applies for the visa with you.

    To work out how much your visa might cost use the Visa pricing estimator.

    The estimator does not take into account other costs you might also have to pay including police certificates, health checks, biometrics and professional fees for assistance in dealing with the application process.

Prospective
Marriage Visa
(Subclass 300)

This visa lets you come to Australia to marry your prospective spouse and then apply for a Subclass 820 and 801 Partner visa.

For those who are engaged to an Australian citizen or a permanent Australian resident the Subclass 300 prospective marriage visa may be the best choice.

This visa is also called a fiancé visa.

You must be outside Australia when you apply for the visa and outside Australia when the application is decided.

With this visa, you can

  • live in Australia for 9 months from date of arrival in Australia and marry your sponsor;
  • work in Australia;
  • study in Australia at your own expense;
  • travel to and from Australia as many times as you want.

To be eligible to apply for this visa, you and your fiancé(e) must:

  • be at least 18 years old, and not be closely related;
  • be free to marry one another;
  • genuinely intend to get married within nine months of the visa grant date (the marriage may take place either in Australia or overseas);
  • have physically met, and be personally known to each other;
  • genuinely intend to live together as a married couple.

Sponsor (partner)

Your sponsor must:

  • be an Australian citizen or permanent resident;
  • 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);
  • provide police checks to the Australian Government when requested, and consent to the department disclosing any conviction for “relevant offences” to the applicant(s) being sponsored.
  • The sponsorship may not be approved if he or she has a substantial criminal history or history of domestic or sexual abuse. A relevant offence includes, but is not limited to offences involving violence, intimidation, breaching a protection order, people smuggling, human trafficking and weapons.

    To discover whether you are eligible for Partner visa, we invite you to book a consultation with one of our expert migration lawyers.

Processing times are indicative only and may vary depending on individual circumstances or government policy. The latest processing times published by the Department of Home Affairs are as follows:

  • 75% of applications: 6 months;
  • 90% of applications: 12 months.

This visa costs AUD7,715 for the main applicant.

There is also a fee for each family member who applies for the visa with you.

To work out how much your visa might cost use the Visa pricing estimator.

The estimator does not take into account other costs you might also have to pay including police certificates, health checks, biometrics and professional fees for assistance with the visa application process.

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