Partner Visa (Subclass 820/801 & Subclass 309/100)
If you have a spouse, defacto partner or fiance, they may be eligible for an Australian Partner Visa. Australian partner visas are generally a 2 stage process, stage 1 is a temporary residency before transitioning to stage 2 – permanent residency. There are a few different pathways depending on the location of you partner. If your partner is inside Australia the applicable subclass is the 820 and 801 visas. If your partner is outside of Australia it is the 309 and 100 visas. If you require your fiance to travel to Australia for marriage, a prospective marriage visa subclass 300 may fit the bill. Please see some details below regarding the different subclasses.
PARTNER VISA INSIDE AUSTRALIA (820/801)
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 Partner Visa can also be granted to same sex couples.
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.
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.
This visa is the first stage to obtaining a subclass 801 permanent Partner visa (subclass 801).
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;
- study in Australia, but with no access to government funding; and
- enrol in Medicare, Australia’s scheme for health-related care and expenses.
Your dependent children can be included in your application, but not other dependent relatives unless you hold or held a Prospective Marriage visa. The dependents must also be in Australia when they apply.
Two years after your subclass 820 is lodged if the relationship still exists you will be invited to apply for your Permanent Partner visa (subclass 801).
The Permanent Partner visa (subclass 801) will allow you to:
- stay in Australia indefinitely;
- work and study in Australia;
- apply for Australian citizenship once you are eligible to do so;
- sponsor eligible relatives for permanent residence;
- receive some social security payments; and
- travel to and from Australia for five years from the date the visa is granted and after that time you will need another visa to enter Australia if you have not become a citizen.
The applicant and any dependant members must satisfy health and character requirements.
PARTNER VISA OUTSIDE OF AUSTRALIA (309/100)
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 Partner Visa can also be granted to same sex couples.
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). You lodge only one application for your temporary and permanent visas. Your application is processed in two stages, roughly two years apart from one another.
In some circumstances it can be granted even if the relationship has ended.
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;
- study in Australia, but with no access to government funding; and
- enrol in Medicare, Australia’s scheme for health-related care and expenses.
Once you obtain the Permanent Partner visa (subclass 100) 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.
You can include the following people in your visa application:
- your dependent children; and/or
- other dependent relatives.
The applicant and any dependant members must satisfy health and character requirements..
FIANCE VISA – PROSPECTIVE MARRIAGE VISA (Subclass 300)
The Subclass 300 temporary Prospective Marriage visa allows you to come to Australia to marry your prospective spouse.
The application has to be made outside Australia and you must be outside Australia when it is granted. It is a temporary visa granted for 9 months to get married. You can get married in any country and you do not have to get married in Australia.
The visa will allow 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; and
- apply for a Partner visa in Australia, after your marriage.
Your sponsoring spouse must be an Australian citizen, permanent resident or eligible New Zealand citizen. 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 that our accredited specialist team may be able to help you with.
It is important to note you must have met your prospective spouse and they must be over 18 years of age. This visa does not apply to same sex couples.
You can include the following people in your visa application:
- your dependent children; and/or
- other dependent relatives.
The applicant and any dependant members must satisfy health and character requirements.
Are you looking to sponsor your partner or have any questions regarding these pathways? Please contact us now to book a free consultation.