Partner Visa Australia
Married to
OR
In a de facto relationship unless exempt
with Australian Citizen, Australian Permanent resident or Eligible New Zealand Citizen at the time of applying.
If you lodge a Partner visa whilst onshore (in Australia) you will get a Bridging visa associated to it. Note that there could be limitations on being able to work or Study. This will be dependent on the previous visa you held and if you had work or study rights on that visa. If you are lucky to have had those entitlements then when your previous visa expires, the same conditions would continue on the Bridging visa associated with your partner visa. During your wait for a Permanent partner visa (subclass 100 or 801) you would not be able to receive fee assistance such as HECS or Newstart or other government subsidies.
Subclass 820
Partner visa (Temporary)
This is a temporary visa
This leads directly to the permanent Partner visa
You must be in Australia when you apply
Subclass 801
If you’d like to lodge you Partner visa on your own be aware it is not as simple as it seems. To start you need to:
- create an ImmiAccount
- Fill out the form Form 47SP Application for migration to Australia by a partner
- Once the main applicant fills out their form, the sponsor uses the TRN to submit their own 40SP Sponsorship Form for a Partner to Migrate to Australia
- fill out the form
- Pay the Partner visa Application fee
- Review and press Submit to lodge the application
- Attach all documents
There is an option to lodge the application by post but we do not recommend this as it is hard to track and attach documents to the application in the future.
If you meet the criteria you will initially be granted a Temporary Partner visa (Subclass 820 for onshore or Subclass 309 for offshore). You will be on your Temporary Visa until the you get the permanent partner visa (subclass 801 or 100). You will usually be eligible to apply for a Permanent Partner visa after 2 years being on the Temporary.
As discussed there are 2 eligibility paths to a Partner visa. You either have to be in a Married relationship or be in a De Facto Relationship.
If you are in Australia and want to apply through the marriage pathway it means you have to be legally married to your partner. If you are outside of Australia (offshore) then you need to be either:
- Legally married in your country of residence or another country
- intend to get married in the near future (before a decision is made on your Temporary Partner visa)
For a list of recognized marriages for the Partner visa please refer to this link
In short however these are not accepted from overseas:
- certain polygamous marriages
- marriages of persons within a prohibited degree of relationship
- a person and an ancestor or descendent of the person (that is, parent and child or grandparent and grandchild) or
- siblings (whether full blood or half blood).
- certain underage marriages
Apart from the above the case office will expect your relationship to meet the following:
- he couple have a mutual commitment to a shared life as husband and wife to the exclusion of all others and
- the relationship is genuine and continuing and
- the couple live together, or do not live separately and apart on a permanent basis.
- Meet Certain Health and Character requirements
What is a de facto relationship?
You and your partner are in a de facto partner relationship if all of the following applies:
- you are not legally married to each other
- you are committed to a shared life to the exclusion of all others
- your relationship is genuine and continuing
- you live together or do not live separately and apart on a permanent basis
- you are not related by family.
Your relationship can be with someone of the same or different sex.
Length of relationship
Usually, your de facto relationship must have existed for at least 12 months immediately before you apply for the visa.
Time spent dating or in an online relationship does not count as being in a de facto relationship.
If your de facto relationship has existed for less than 12 months, you might still be eligible for the visa. Find out if you do not need to meet (are exempt from) the one year relationship requirement by booking an appointment.
Is there a way around the 12 month requirement for De Facto Relationship?
820/801 Partner visa
309/100 Partner visa
SC309/100 is an offshore partner visa (apply overseas) that allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.
300 Prospective Partner visa
SC300 Prospective Marriage visa lets you come to Australia to marry your prospective spouse and then apply for a Partner visa.
Applicant document Checklist for a Partner visa
Identity documents
Documents to prove your identity:
One of the following:
- a birth certificate showing the names of both parents:
- identification pages of a family book showing the names of both parents
- identification pages of an identification document issued by the government
- identification pages of a court-issued document that proves your identity
- identification pages of a family census register.
The page of your current passport showing your photo, personal details and passport issue and expiry dates.
Two recent passport photographs (45 mm x 35 mm):
- the photograph should be of the head and shoulders only against a plain background
- the applicants name must be printed on the back of the photograph
A national identity card, if you have one.
Proof of change of name, if applicable.
Documents about your relationship with your partner
- Two of Form 888 – Statutory declaration by a supporting witness in relation to a Partner or a Prospective Marriage visa application (84KB PDF).
- Proof that your relationship is genuine and continuing
- If you are married, your marriage certificate.
- If you are in a de facto relationship, documents that prove this relationship
Documents about other relationships
If you have previously been married, widowed, divorced or permanently separated, provide divorce documents, death certificates, separation documents or statutory declarations.
Health documents
You do not need to provide any documents to show you meet our health requirement. Your doctor will send them to us.
Character documents
- Completed Form 80 – Personal particulars for assessment including character assessment (PDF 554KB ).
- Police certificates
- If you served in the armed forces of any country, military service records or discharge papers.
Sponsor document Checklist for a Partner Visa
Application
You can lodge your sponsorship form online after your partner has lodged their visa application and given you their Transaction Reference Number (TRN) or application ID.
Identity documents
- Proof that your sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
- If your sponsor is an Australian permanent resident or eligible New Zealand citizen, proof they usually live in Australia
Character documents
- Police certificates
- If you served in the armed forces of any country, military service records or discharge papers.
If you are sponsoring on behalf of your child
Provide:
- A court document allowing the marriage between your child and the visa applicant
- Proof that you are the parent or guardian of your child.
Related: Partner visa processing times
Both applicant and Sponsor to provide:
15 Tips for Submitting a Successful Partner Visa Application
- Know the details of the appropriate visa subclass.
- Start establishing evidence of your relationship. There are minimum time requirements in many cases.
- Save money for the application fees. These visas can be very expensive and there are not payment plans. Your application will not be accepted until full payment is made.
- Give yourself enough time to apply for the visa. It can take several months to gather the relevant information and evidence.
- Provide great evidence. You need to provide clear and in-colour evidence, translated to English by an Accredited Translator
- Do not provide originals if not required. You may not get it back.
- Get copies of evidence certified when required. Copy/save your entire application before submitting it in case you need to apply again.
- Review the appropriate Application Forms far in advance to gather relevant information.
- Have someone else review your Application, ensuring critical information is correct
- Make sure you and your partner provide matching information, especially for dates.
- Provide true, accurate and complete information. Immigration will cross-reference information provided and untrue, inaccurate, or incomplete information may cause delay or even refusal.
- Keep immigration updated if you change address, phone number or email to be sure you do not miss any correspondences or requests.
- Do not submit your application unless you are certain you meet the criteria and have submitted a complete Application. You do not get your money back if your application is refused. Immigration does not consider evidence that would not have been available at the time of application.
- Know your rights and conditions while you wait for a decision. Depending on the visa you apply for, your travel to/from Australia may be restricted. Know these restrictions before travel plans.
- Consult a Registered Migration Agent. Many people will offer their personal advice and experiences, but each case is different and relying on advice from anyone but a Migration Agent or the Department of Home Affairs is usually unreliable.
Partner Visas
Yes, but you will need to show that the previous relationship is over. Australia does not recognize most polygamous relationships/marriages.
No. Australia does not recognize marriages when any spouse is under 16.
Maybe. If you are married or have registered your relationship in Australia, you may be able to overcome 12 month living together requirement.
Yes! Love is love in Australia and the requirements for same-sex relationships are the same as for different-sex relationships.
Maybe. There are certain criminal offenses that might bar you from applying for a Partner Visa.
Yes. The Applicant will likely need to undertake a health examination. Immigration will request this.
Maybe. Your current substantive visa rights and conditions will continue to apply until a decision has been made on your application. Check VEVO if you are unsure of your rights in Australia.
Book a Migration Consultation
We have a ton of information on our site about various visa options and FAQs that answer most of our visitors’ questions, but if you’re still not sure where to start or you need a personalised step by step walkthrough, then schedule a call with one of our Registered Migration Agent.
Simply follow the link below and you’ll be able to pick the date & time that fits your schedule.
If you’re having any trouble booking your consultation then don’t hesitate to contact us either via admissions@secedu.com.au
In case of questions, feel free to reach out to one of our experienced Registered Migration Agents.
Australia Office
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