Partner Visa

This class of visa is for married (opposite or sex couples) and de facto partners (including same-sex partners) of Australian citizens, Australian permanent residents and eligible New Zealand citizens to enter and remain permanently in Australia. At Think Higher, we smoothly take you through your partner visa consultation, assessment, and application process and guarantee efficient service.

Subclass 309/100 – Offshore

Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)

You may be eligible for a Partner visa even if you reside outside of Australia if you are married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or an eligible New Zealand citizen.

The offshore Temporary Partner visa (subclass 309) allows you to:

  • enter and stay in Australia until a decision is made about your permanent 100 Partner visa
  • work in Australia
  • study in Australia (however there is no access to government funding)
  • enrol in Medicare, Australia’s health care scheme
  • travel in and out of Australia as often as you want.

If you are granted the offshore Permanent Partner visa (subclass 309), you can:

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

Difference between this visa category and the Partner visa (subclasses 820 and 801)

The 309 and 100 visa subclasses are similar to the 820 and 801 visa subclasses, including granting similar rights if the applicant is successful. The main difference is where you must be located in order to apply for the visas. You must be outside of Australia in order to apply for and be granted the offshore 309 visa (whereas you must be inside of Australia to apply for and be granted the onshore 820 visa, and the onshore 801 visa if you apply for it directly).

If you have obtained a 309 visa and are eligible for the corresponding 100 permanent visa, you can be inside or outside of Australia in order to be granted the 100 visa. However if you apply for the 100 visa directly, you must be outside of Australia in order to apply for and be granted the visa.

The offshore visa is also a two-stage process, as with the onshore Partner visa.            

Two-stage process

A Partner visa usually involves two stages: an application for a temporary Partner visa, and later being considered for a permanent Partner visa. The temporary Partner visa application is also an application for its corresponding permanent Partner visa, and the applicant pays one visa application charge to the Department of Immigration.

 

Please note you may be eligible to be granted a permanent Partner visa:

  • directly if you can show that you have been married or in a de facto relationship for at least 3 years, or for at least 2 years and you have a child together
  • within the usual 2 year waiting period in some circumstances such as if the relationship has broken down due to domestic violence.

Who can sponsor for a Partner visa?

In order to sponsor you for a Partner visa, your partner must be an:

  • Australian citizen
  • Australian permanent resident; or
  • eligible New Zealand citizen.

Your partner must usually be over 18 years of age.

Sponsorship limits

Please note that there may be some limitations on your partner’s eligibility to sponsor you depending on their circumstances, particularly if they have previously sponsored or been sponsored by someone for a Partner visa. We recommend that you contact us in relation to your partner’s eligibility to sponsor you for a Partner visa.

Who can apply for a Partner visa?

You may be eligible to be granted a 309 Partner visa if you can show:

  • you are married and your marriage is lawful under Australian law, or you have been living with your partner for at least 12 months
  • your relationship is genuine, exclusive, committed and continuing
  • you meet health and character requirements.

You must usually be over 18 years of age.

Please note that the above list is not exhaustive and other criteria may apply. Please consult us for more details.

You are able to include family members in your Partner visa application if they satisfy particular criteria. Please consult us for more details.

Genuine and continuing requirement

Most of our enquiries are in relation to meeting the test to show that the relationship is genuine and continuing. There are many aspects to this requirement and this is where most Partner visa applications to the Department of Immigration fail. We strongly recommend that you seek legal advice before you lodge your Partner visa application to ensure that you satisfy the requirements prescribed by the Migration Act and regulations.

How we can help with your Partner visa application

The Department of Immigration closely scrutinises Partner visa applications to ensure that they meet the legal requirements for the visa. Failure to do so risks visa refusal as well as significant wasted time and costs for you and your partner. Our experienced Solicitors and Registered Migration Agents can assist you with some of the main issues that arise when applying for a Partner visa including:

  • if you are in a de facto relationship, providing sufficient evidence that you and your partner have lived together for at least 12 months
  • ensuring that you have provided sufficient evidence of the genuine and continuing nature of your relationship
  • providing detailed statements from you, your partner and two witnesses about various aspects of your relationship, including how you and your partner share your finances, household and social activities
  • how to prepare for an interview with the Department of Immigration if the Department requests same during the processing of your application.

Once you are granted a temporary Partner visa, we can also inform you of changes to immigration law and policy once you are eligible to apply for a permanent Partner visa.

How we can help with a permanent Partner visa application

You may be eligible to granted a permanent Partner visa:

  • directly if you can show that you have been married or in a de facto relationship for at least 3 years, or for at least 2 years and you have a child together
  • 2 years from the date you applied for your temporary Partner visa, as long as you can show that the relationship is still ongoing
  • in other circumstances such as if you hold a temporary Partner visa but the relationship has broken down due to domestic violence.

We have extensive experience in obtaining temporary and permanent Partner visas for people in a married or de facto relationship.

 

Subclass 820 & 801 Partner Visa

Partner Temporary visa (subclass 820) and Partner Permanent visa (subclass 801)

You may be eligible for an onshore Partner visa if you are married to, or in a de facto or registered relationship with, an Australian citizen, Australian permanent resident or an eligible New Zealand citizen.

The onshore Temporary Partner visa (subclass 820) allows you to:

  • ·         stay in Australia until a decision is made about your permanent 801 Partner visa
  • work in Australia
  • study in Australia (however there is no access to government funding)
  • enrol in Medicare, Australia’s health care scheme
  • ·         travel in and out of Australia as often as you want.

If you are granted the onshore Permanent Partner visa (subclass 801), you can:

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

Two-stage process

A Partner visa usually involves two stages: an application for a temporary Partner visa, and later being considered for a permanent Partner visa. The temporary Partner visa application is also an application for its corresponding permanent Partner visa, and the applicant pays one visa application charge to the Department of Immigration.

Please note you may be eligible to be granted a permanent Partner visa:

  • ·         directly if you can show that you have been married or in a de facto relationship for at least 3 years, or for at least 2 years and you have a child together
  • ·         within the usual 2 year waiting period in some circumstances such as if the relationship has broken down due to domestic violence.

Where you are eligible to apply for a 801 visa directly, you must apply from inside Australia.

If you are eligible to be considered for a 801 visa as the holder of a 820 visa, you can be inside or outside of Australia in order to be granted the 801 visa.

Who can sponsor for a Partner visa?

In order to sponsor you for a Partner visa, your partner must be an::

  • ·         Australian citizen
  • Australian permanent resident; or
  • ·         eligible New Zealand citizen.

Your partner must usually be over 18 years of age.

Sponsorship limits

Please note that there may be some limitations on your partner’s eligibility to sponsor you depending on their circumstances, particularly if they have previously sponsored or been sponsored by someone for a Partner visa. We recommend that you consult with us in relation to your partner’s eligibility to sponsor you for a Partner visa.

Who can apply for a Partner visa?

You may be eligible to be granted a 820 Partner visa if you can show:

  • ·         you are married, have been living with your partner for at least 12 months or you have registered your relationship
  • your relationship is genuine, exclusive, committed and continuing
  • ·         you meet health and character requirements.

You must usually be over 18 years of age.

Note: relationship registration for the purposes of the onshore Temporary Partner visa (subclass 820) is currently available in NSW, the ACT, Victoria, Tasmania and Queensland. Please consult us for more details about registering your relationship.

Please note that the above list is not exhaustive and other criteria may apply. Please consult us for more details.

You are able to include family members in your Partner visa application if they satisfy particular criteria. Please consult us for more details.

Genuine and continuing requirement

Most of our enquiries are in relation to meeting the test to show that the relationship is genuine and continuing. There are many aspects to this requirement and this is where most Partner visa applications to the Department of Immigration fail. We strongly recommend that you seek legal advice before you lodge your Partner visa application to ensure that you satisfy the requirements prescribed by the Migration Act and regulations.

How we can help with your Partner visa application

The Department of Immigration closely scrutinises Partner visa applications to ensure that they meet the legal requirements for the visa. Failure to do so risks visa refusal as well as significant wasted time and costs for you and your partner. Our experienced Solicitors and Registered Migration Agents can assist you with some of the main issues that arise when applying for a Partner visa including:

  • ·         if you are in a de facto relationship, providing sufficient evidence that you and your partner have lived together for at least 12 months
  • ensuring that you have provided sufficient evidence of the genuine and continuing nature of your relationship
  • providing detailed statements from you, your partner and two witnesses about various aspects of your relationship, including how you and your partner share your finances, household and social activities
  • ·         how to prepare for an interview with the Department of Immigration if the Department requests same during the processing of your application.

Once you are granted a temporary Partner visa, we can also inform you of changes to immigration law and policy once you are eligible to apply for a permanent Partner visa.

How we can help with a permanent Partner visa application

You may be eligible to granted a permanent Partner visa:

  • ·         directly if you can show that you have been married or in a de facto relationship for at least 3 years, or for at least 2 years and you have a child together
  • 2 years from the date you applied for your temporary Partner visa, as long as you can show that the relationship is still ongoing
  • ·         in other circumstances such as if you hold a temporary Partner visa but the relationship has broken down due to domestic violence.

We have extensive experience in obtaining temporary and permanent Partner visas for people in a married, de facto or registered relationship.

 

Subclass 300 Visa Prospective Marriage Visa

A Prospective Marriage visa (otherwise known as a fiancé visa) is for people who want to come to Australia to marry their prospective spouse who is an Australian citizen, Australian permanent resident or an eligible New Zealand citizen.

A 300 visa allows you to:

  • enter Australia before you marry your fiancé
  • work in Australia
  • study in Australia (however there is no access to government funding)
  • travel in and out of Australia as often as you want

The 300 visa will be valid for 9 months. If you marry your fiancé during this time, you will be eligible to apply for a Partner visa.

Three-stage process to a permanent Partner visa

If you marry your partner within 9 months of being granted a 300 visa, you may be eligible to apply for a Partner visa in Australia.

A Partner visa usually involves two stages: an application for a temporary Partner visa, and later for a permanent Partner visa. The temporary Partner visa application is also an application for its corresponding permanent Partner visa, and the applicant pays one visa application charge to the Department of Immigration.

If you apply for a Partner visa as the holder of a 300 visa, the Department charges you much less for your application for a subclass 820/801 Partner visa. Your costs for the 300 visa and the 820/801 visa end up being roughly similar to those for someone who has applied for the 820/801 visa without first having held a 300 visa.

 

 Please note you may be eligible to be granted a permanent Partner visa within the usual 2 year waiting period:

  • if you can show that you have been married or in a de facto relationship for at least 3 years, or for at least 2 years and you have a child together
  • in some circumstances such as if the relationship has broken down due to domestic violence.

Who can sponsor for a Prospective Marriage visa?

In order to sponsor you for a Prospective Marriage visa, your partner must be an:

  • Australian citizen
  • Australian permanent resident; or
  • eligible New Zealand citizen.
Your partner must be over 18 years of age.

Sponsorship limits

Please note that there may be some limitations on your partner’s eligibility to sponsor you depending on their circumstances, particularly if they have previously sponsored or been sponsored by someone for a Partner visa. We recommend that you consult with us in relation to your partner’s eligibility to sponsor you for a Partner visa.

Who can apply for a Prospective Marriage visa?

You may be eligible to be granted a Prospective Marriage visa if you can show:

  • you are over 18 years of age
  • you and your partner have met in person since each of you turned 18, and know each other personally
  • you and your partner genuinely intend to marry within 9 months of the grant of the visa
  • you and your partner genuinely intend to live together as spouses after your marriage
  • you meet health and character requirements.

Please note that the above list is not exhaustive and other criteria may apply. Please consult us for more details.

You are able to include family members in your Prospective Marriage visa application if they satisfy particular criteria. Please consult us for more details.

How we can help with your Prospective Marriage visa application

Our experienced Immigration Lawyers and Registered Migration Agents can assist you with some of the main issues that arise when applying for a Prospective Marriage visa including:

  • providing a valid Notice of Intention to Marry document regarding you and your partner’s intention to marry after your arrival in Australia
  • providing sufficient evidence of the genuine nature of your relationship and marriage commitment
  • providing detailed statements from you, your partner and two witnesses about various aspects of your relationship, including how you have met your partner in person and how you genuinely intend to live together as spouses
  • how to prepare for an interview with the Department of Immigration if the Department requests same during the processing of your application.

Once you are granted a Prospective Marriage visa, we can also advise you of the requirements to apply for a Partner visa and obtain a permanent residency Partner visa.

Hear It From Our Clients!

Here’s what our clients have to say:

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