The Australian Partner visa is for people in a genuine relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
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Australia partner visa
The Australia partner visa allows a partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to enter and live in Australia. The partner visa includes two stages – temporary and permanent.
The temporary visa (subclass 820/309) allows the partner to enter Australia and live with their Australian partner for up to two years while the permanent partner visa (subclass 801/100) is being processed. Once the permanent partner visa is granted, the partner can live in Australia permanently.
To be eligible for a partner visa, the applicant must be in a genuine, committed, and ongoing relationship with their Australian partner. They must also meet health and character requirements, provide evidence of financial support, and meet all other visa requirements.
The partner visa can be applied for while the applicant is in or outside of Australia, and it can take several months to be processed.
Benefits - Australia partner visa
The Australia partner visa has several benefits for eligible partners of Australian citizens or permanent residents, including:
- The ability to live and work in Australia: The partner visa allows the partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live and work in Australia temporarily and permanently.
- The ability to live and work in Australia: The partner visa allows the partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live and work in Australia temporarily and permanently.
- Access to healthcare and education: Partners granted the partner visa can access Australia's healthcare services and enroll in educational institutions.
- Family reunion: The partner visa allows for a family reunion, enabling partners to be reunited with their Australian partner and possibly their children who may already be living or studying in Australia.
- Pathway to citizenship: Once the partner has lived in Australia with their Australian partner on a partner visa for a specified period and meets the eligibility requirements, they may be eligible to apply for Australian citizenship.
- Ability to travel in and out of Australia: The partner can travel freely in and out of Australia while on a temporary partner visa, subject to the travel permission conditions on their visa.
Types - Australia partner visa
- Partner visa subclass 820/801: This is the most common type of partner visa, which encompasses both temporary and permanent visa stages. The temporary visa (subclass 820) allows the partner to reside in Australia for up to two years while the permanent visa (subclass 801) is being processed.
- 1 (a). Australia Partner visa (subclass 820): The Australia Partner visa subclass 820 is a temporary visa that allows an eligible partner or spouse to stay in Australia with their Australian partner or spouse. This visa subclass is a pathway to a permanent Partner visa subclass 801. It is available to those in a genuine and ongoing relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
To be eligible for a Partner visa subclass 820, the applicant must:
- Be in a genuine and ongoing relationship with their Australian partner
- Be sponsored by their Australian partner or spouse
- Be in Australia at the time of the application
- Meet the health and character requirements
- Meet the financial requirements
- Provide appropriate evidence for the application
Once the applicant is granted a Partner visa subclass 820, they can live and work in Australia until the Partner visa subclass 801 is presented. After two years of holding the Partner visa subclass 820, the applicant will become eligible to apply for a permanent Partner visa subclass 801.
1 (b). Australia Partner visa (subclass 801): The Australia Partner visa subclass 801 is a permanent visa for individuals in a genuine and ongoing relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. This visa subclass is only available to individuals who have already been granted a Partner visa subclass 820.
To be eligible for this visa subclass, the applicant must:
- Be the holder of a Partner visa subclass 820
- I have lived in Australia for two years after being granted the subclass 820 visa
- Be in a genuine and ongoing relationship with their Australian partner
- Meet the health and character requirements
- Meet the financial requirements
- Provide appropriate evidence for the application
Prospective Marriage visa subclass 300
The Australia Partner visa Subclass 300, also known as the Prospective Marriage visa, is intended for individuals who are engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen and are planning to marry within nine months of arriving in Australia. This visa allows the applicant to enter Australia and stay for up to nine months, during which they must match their fiance and apply for a permanent partner visa.
- Be engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Be at least 18 years of age.
- They have met their fiance in person and are genuinely engaged to be married.
- They intend to marry their fiancé in Australia within nine months of arriving.
- Meet health and character requirements.
- Meet Australian immigration criteria.
Partner visa subclass 309/100
This visa is for partners of Australian citizens or permanent residents who reside outside Australia. The temporary visa (subclass 309) allows the partner to enter Australia while the permanent visa (subclass 100) is being processed.
- 3 (a). Australia Partner visa (subclass 309): The Australia Partner visa subclass 309 is a temporary visa for individuals in a genuine and ongoing relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen living outside of Australia. This visa subclass is intended for individuals who wish to enter and remain in Australia with their Australian partner.
To be eligible for a Partner visa subclass 309, the applicant must:
- Be in a genuine and ongoing relationship with their Australian partner
- Be sponsored by their Australian partner or spouse
- Be living outside of Australia at the time of application
- Meet the health and character requirements
- Meet the financial requirements
- Provide appropriate evidence for the application
Once the applicant is granted a Partner visa subclass 309, they can enter and reside in Australia with their partner. This visa subclass is a pathway to a permanent Partner visa subclass 100.
To be eligible for a permanent Partner visa subclass 100, the applicant must:
- Beholding a Partner visa subclass 309
- Have lived with their Australian partner for at least two years while holding the subclass 309 visa
- Be in a genuine and ongoing relationship with their Australian partner
- Meet the health and character requirements
- Meet the financial requirements
- Provide appropriate evidence for the application
Once granted, the permanent Partner visa subclass 100 will allow the visa holder to live and work in Australia indefinitely and travel to and from Australia freely.
It is important to note that accurate and complete evidence of the relationship is essential when applying for a Partner visa subclass 309.
3 (b). Australia Partner visa (subclass 100): The Australia Partner visa subclass 100 is a permanent visa for individuals in a genuine and ongoing relationship with an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. This visa subclass is only available to individuals who have already been granted a Partner visa subclass 309.
To be eligible for Partner Visa subclass 100, the applicant must:
- Beholding a Partner visa subclass 309
- Have lived with their Australian partner for at least two years while holding the subclass 309 visa
- Be in a genuine and ongoing relationship with their Australian partner
- Meet the health and character requirements
- Meet the financial requirements
- Provide appropriate evidence for the application
New Zealand Citizen Family Relationship visa subclass 461
- This visa is for partners of New Zealand citizens who live and work in Australia. It allows the partner to stay in Australia for up to five years. The type of partner visa required depends on the relationship's circumstances, the partner's location, and other individual factors.
Benefits - Australia partner visa
There are several benefits of the Australia Partner visa, including:
- Opportunity to live and work in Australia: The Partner visa allows holders to live and work in Australia with their Australian partner.
- Pathway to Australian citizenship: After holding a Partner visa for a certain period, the visa holder may become eligible to apply for Australian citizenship.
- Access to social services and Medicare: The Partner visa holder will have access to various social services, including Medicare and social security payments.
- Study opportunities: The Partner visa holder will be allowed to study in Australia and may also be eligible for domestic student fees.
- Travel to and from Australia: The visa holder will be free to travel to and from Australia with their partner.
- Family reunification: The Partner visa allows families to be reunited with their loved ones living in Australia.
- Permanent residency: After holding a Partner visa for two years, the visa holder becomes eligible to apply for a permanent Partner visa, which allows them to stay in Australia indefinitely.
Eligibility - Australia partner visa
- Relationship status: The applicant must be in a genuine and ongoing relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen and be able to provide evidence of this relationship.
- Age: The applicant must be at least 18 years old at the time of application.
- Health: The applicant and any dependent family members included in the application must meet specific health requirements.
- Character: The applicant and any dependent family members included in the application must meet specific character requirements.
- Sponsorship: The applicant must be sponsored by their Australian partner.
- Financial requirements: The applicant and their partner must be able to support themselves financially and any dependent family members included in the application.
- Temporary Partner visa: The applicant must have been granted a Temporary Partner visa subclass 309 before applying for the Permanent Partner visa subclass 100.
Documents Required - Australia partner visa
- Identity documents include the applicant's passport, birth certificate, and national identity card.
- Relationship documents: This includes evidence of the relationship with the Australian citizen, Australian permanent resident, or eligible New Zealand citizen, such as joint bank account statements, photographs together, social media posts together, and other proof of common activities and living arrangements.
- Health documents include a medical certificate, which can be obtained from a health practitioner approved by the Australian government.
- Character documents include police clearance certificates or similar documents from all countries where the applicant has lived for more than 12 months in the past ten years.
- Financial documents: This includes evidence of financial capability, such as bank statements, tax returns, and employment letters.
- Australian partner's documents: This includes documents that prove that the Australian partner is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, such as passport or visa documents.
- Accommodation documents: This includes tenancy agreements, property deeds, or mortgage documents to prove where the applicant and the partner can live in Australia.
Process - Australia partner visa
- Submit the Expression of Interest (EOI) form: If the applicant is outside Australia and wants to apply for the Partner visa, they must first submit an Expression of Interest (EOI) form. If the applicant is inside Australia, they can directly lodge their application online.
- Submit the visa application: The primary applicant must submit an online application for the Temporary Partner subclass 309, including all required documents and payment of the visa fee.
- Wait for a decision: After submitting the visa application, the applicant and their partner must wait for the Department of Home Affairs to process the application. This may take several months, as the processing time can vary depending on the individual case, processing office, and time of year.
- Receive the Temporary Partner visa: If the application is approved, the applicant will be granted a Temporary Partner visa subclass 309. This allows the applicant to enter and remain in Australia for up to two years.
- Apply for the Permanent Partner visa: After two years, the applicant can apply for the Permanent Partner visa subclass 100. The Australian government will review the applicant's situation to determine if they still meet the eligibility criteria for the visa.
- Wait for a decision: After applying for the Permanent Partner visa, the applicant and their partner must wait for the Department of Home Affairs to process the application. This may take several months, as the processing time can vary depending on the individual case, processing office, and time of year.
- Receive the Permanent Partner visa: If the application is approved, the applicant will be granted a Permanent Partner visa subclass 100, which allows the applicant to remain in Australia indefinitely and apply for Australian citizenship.
Frequently asked Questions
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1. Who can apply for an Australian Partner visa?
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2. What evidence is required to prove a genuine relationship?
Evidence can include joint bills, conjoining bank account information, photos of the couple together, proof of shared assets, and statements from family and friends that can verify the authenticity of the relationship.
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3. How long does it take to get a Partner visa?
The processing time for a Partner visa can vary, but it can take anywhere from 12-18 months from start to finish.
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4. Can I work in Australia on a Partner visa?
Yes, applicants are eligible to work in Australia once they have been granted a Temporary Partner visa subclass 309.
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5. Can I include dependent children on my Partner visa application?
Yes, dependent children can be included in the application if they meet the eligibility criteria.
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6. What happens if the relationship breaks before a Permanent Partner visa is granted?
If the relationship breaks down after a Temporary Partner visa has been granted, the application for a Permanent Partner visa will still be assessed.
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7. Can I travel outside of Australia on a Partner visa?
Yes, holders of the Temporary Partner visa are permitted to travel outside of Australia and re-enter until the expiry of the visa. They will need to apply for a Resident Return visa if they wish to return to Australia after their Partner visa has expired.
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8. Can I apply for a Partner visa if my partner is not an Australian citizen or permanent resident?
No, the Australian Partner visa is only for those in a relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
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9. What is the difference between a Temporary Partner visa and a Permanent Partner visa?
The Temporary Partner visa (subclass 309) allows the applicant to enter and remain in Australia for up to two years. After this, the applicant can apply for a Permanent Partner visa (subclass 100), which allows them to remain in Australia indefinitely.
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10. What happens if my relationship breaks down after a Permanent Partner visa is granted?
If the relationship breaks down after a Permanent Partner visa has been granted, the visa holder will still be able to remain in Australia indefinitely. However, they will need to notify the Department of Home Affairs of the change in relationship status.
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11. Can I apply for a Partner visa if I am already in Australia on a different type of visa?
Yes, it is possible to apply for a Partner visa while in Australia on another type of visa, as long as the applicant meets the eligibility criteria and their current visa allows for a Partner visa application.
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12. How much does it cost to apply for a Partner visa?
The current fee for a Partner visa application is AUD $7,715.
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13. Can I work or study in Australia while waiting for a Partner visa to be processed?
Yes, applicants can work and study in Australia while waiting for a Partner visa application to be processed.
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14. Can I appeal a refusal to grant a Partner visa?
Yes, it is possible to appeal a decision to refuse a Partner visa. The appeal process is a merits review and involves having the decision reviewed by an independent body.
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