Are you in a relationship with an Australian citizen or permanent resident and considering coming to live in Australia, but you are not sure if you are eligible for a Partner visa? I hope that the information in this article will help you understand the visa sub classes that are available and the basic requirements for each subclass.

The Partner visa sub classes are part of the Family category of visas and are available for overseas citizens who are in a relationship with an Australian citizen or permanent resident. The Partner visa sub classes cater for those who are married, in a de facto relationship, or who have met only recently and intend to come to Australia to be married.

Here is an overview of each available subclass:

  • Prospective Marriage visa (subclass 300)

If you are in a relationship with an Australian citizen or permanent resident and you intend to come to Australia to marry, the Prospective Marriage visa may be appropriate for you. This visa is temporary and is valid for 9 months. You must have met your partner in person, be in a genuine relationship and have the intention of building a future together in Australia. The visa will enable you to reside together in Australia for up to 9 months (with full work and study rights) and requires that you marry within this period. Once this visa is approved, you can have your wedding in another country if you prefer.

The visa requires that your partner (the Australian citizen or permanent resident) act as your sponsor. Acting as a sponsor means that your partner agrees to financially support you during your stay in Australia if needed.

After you are married and before the expiry of the 9-month period, an application must be made for the onshore Partner visa (subclass 820/801).

  • Partner visa – onshore (subclass 820/801)

If you are in Australia on a valid visa and you are the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen, the subclass 820/801 may be suitable for you to remain in Australia.

The Partner visa comprises two parts: the temporary stage for 2 years from the time of application (subclass 820) and the permanent stage (subclass 801). When an application for a subclass 820 visa is made, it is taken to be an application for the subclass 801 at the same time. The application fee paid at the subclass 820 stage also covers the 801.

An application for the subclass 820 requires that you and your partner have lived together for at least 12 months and can provide significant evidence of the genuine and ongoing nature of your relationship. Children can be included in the application, and once a visa has been approved, you will have full work and study rights. The visa requires that your partner (the Australian citizen or permanent resident) act as your sponsor as for the Prospective Marriage visa.

After 2 years from the date of application for the subclass 820 visa, you may be eligible for the grant of the subclass 801 visa if certain further requirements regarding your relationship can be met.

  • Partner visa – offshore (subclass 309/100)

This visa subclass is essentially the same as the 820/801; however, it applies to those who are outside Australia and wish to enter Australia on a Partner visa. Once the subclass 309 visa is approved, you are able to enter Australia on this visa and reside here with full work and study rights.

If you are applying for the offshore Partner visa, it is important to remember that the visa will be granted with a ‘must arrive before’ date. This date is the earliest expiry of your medicals or police clearances. To ensure you have ample time to pack up in your home country before moving to Australia, you may wish to consider completing your medicals and police clearances post-lodgment.

  • New Zealand Family Relationship Visa (subclass 461)

This visa is available for eligible family members of a New Zealand citizen to reside in Australia with the New Zealand citizen. Only certain family members are eligible; not all family members are eligible, so ensure to check if you meet requirements before considering this visa.

If you are the spouse or de facto partner of a New Zealand citizen, this visa may be appropriate for you if you can provide evidence of the genuine and ongoing nature of your relationship as well as your partner’s ability to reside in Australia on a Special Category Visa (subclass 444).

Would you like to know if you qualify for a Partner Visa?

Having both personal and professional experience with the Partner Visa, Red Earth Migration understand how important the opportunity to reside in Australia with your partner is for your future.

We look forward to assisting you with your visa application in the future. For more information about Migration and Visas, please stay connected and we shall update more! If you have any enquiry, please contact our Red Earth Migration Agents. You can call us on (08) 6161 9239 or email us at info@redearthmigration.com.au.