Partner visa

Are you eligible for a partner visa?

Your marriage must be legal under Australian Law. If you were married in a country other than Australia and that marriage is valid in that country, generally it will be accepted as valid under Australian law.

Subclass 309 and 100 – Partner visa applications made from outside Australia.

The Subclass 309 temporary Partner visa allows you to live in Australia if you are legally married to or are the de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen.

The application has to be made outside Australia and you must be outside Australia when it is granted. It is the first stage towards a permanent Partner visa (subclass 100).

In some circumstances it can be granted even if the relationship has ended.

It is a requirement of that your partner must sponsor you. Your partner may not be able to sponsor you if they sponsored another person or had been sponsored within 5 years or if they have sponsored 2 people previously. There are some exemptions for compelling circumstances.

The Provisional Partner Visa (subclass 309) will allow you to:

Remain in Australia until a decision is made about your permanent Partner visa
Work in Australia full time
Study in Australia (please note that you will not have access to government funding)
Enroll into Medicare – this is Australia’s scheme for health-related care and expenses.

Once you are granted the Permanent partner visa (subclass 100) you can:

Stay in Australia indefinitely
Work and study in Australia
Apply for Australian citizenship (if you are eligible)
Be entitled to government benefit payments.
Travel to and from Australia for five years from the date the visa is granted – after this you will need to renew your permanent residency or apply for citizenship if eligible.

Subclass 820 and 801 – Partner visa applications made from outside Australia.

The Subclass 820 temporary Partner visa allows you to live in Australia if you are legally married to or are the de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen.

The application has to be made in Australia and you must be within Australia when the visa is granted.

In some circumstances can be granted even if the relationship has ended.

This visa is the first stage to obtaining a subclass 801 permanent Partner visa (subclass 801).

Your dependent children can be included in your application. The dependents must also be in Australia when they apply.

You will be invited to apply for a Permanent Partner visa (subclass 801) two years after your subclass 820 visa was lodged – the relationship must still be genuine and ongoing.

The temporary Partner Visa (subclass 820) will allow you to:

Remain in Australia until a decision is made about your permanent Partner visa
Work in Australia full-time
Study in Australia (please note that you will not have access to government funding)
Enroll into Medicare – this is Australia’s scheme for health-related care and expenses.

The Permanent Partner visa (subclass 801) will allow you to:

Stay in Australia indefinitely
Work and study in Australia
Apply for Australian citizenship (if you are eligible)
Be entitled to government benefit payments
Travel to and from Australia for five years from the date the visa is granted – after this you will need to renew your permanent residency or apply for citizenship if eligible.

You and your partner must have been in a de factor relationship for the entire 12 months before making the application and you must have been living together at least 12 months before the application.