Partner Visas

The married or de facto partner of an Australian citizen or permanent resident can access a number of partner visas. There are five partner visa subclasses (types):

  • Prospective Marriage (Fiance) visa (subclass 300) [temporary visa]
  • Provisional Spouse / De Facto spouse visa (subclass 309) [temporary visa for offshore applicants]
  • Provisional Spouse / De Facto spouse visa (subclass 820) [temporary visa for onshore applicants]
  • Permanent Spouse / De facto spouse visas (subclass 100) [for subclass 309 applicants]
  • Permanent Spouse / De facto spouse visas (subclass 801) [for subclass 820 applicants]

Partner visas are most often used in combinations – the three most common being:

  • Subclass 300 followed by  subclass 820 / subclass 801
  • Subclass 820 / subclass 801 (applicant onshore at time of sc 820 application)
  • Subclass 309 / subclass 100 (applicant offshore at time of sc 309 application)

Depending on a couple’s circumstances permanent partner visas are sometimes granted without the need to undertake the matching temporary partner visa. This may happen for example, if a couple have been in a relationship for a ‘considerable period’ and have children who are Australian citizens.

Very brief details of partner visa subclasses follow:

  • Subclass 300 Prospective Marriage (Fiance) Visa

A temporary visa for the engaged offshore partner of an Australian citizen or permanent resident. The couple must marry within a specified period (9 months) and the applicant must be sponsored by their intended spouse or appropriate person. There are numerous conditions and time constraints applied to this visa.

An applicant must be offshore when they apply and at the time of decision.

  • Subclass 309 Spouse / De facto (Temporary) Visa (Offshore Applicant)  

A temporary visa for the offshore married/de facto partner of an Australian citizen or permanent resident. The visa is twinned with the subclass 100 permanent spouse visa and both subclasses are applied for simultaneously. The couple’s relationship will be ‘reassessed’ after two years in Australia for the permanent subclass 100 visa.

An applicant must be offshore when they apply.

  • Subclass 820 Spouse / De facto (Temporary) Visa (Onshore Applicant)  

This is a temporary visa for the onshore married/de facto partner of an Australian citizen or permanent resident. The visa is twinned with the subclass 801 permanent spouse visa and both subclasses are applied for simultaneously. The couple’s relationship will be ‘reassessed’ after two years in Australia (following the grant of the sc 820) for the permanent subclass 801 visa.

An applicant must be onshore when they apply.

  • Subclass 100 Spouse / De facto (Permanent) Visa

This is the permanent visa ‘twinned’ with the temporary subclass 309 (offshore applicant) partner visa. The visa will be determined after two years residence in Australia as a couple, following the grant of the subclass 309 visa.

An applicant must be offshore when they apply for the sc 309 visa, but onshore at the time of determination of the sc 100.

  • Subclass 801 Spouse / De facto (Permanent) Visa

This is the permanent visa ‘twinned’ with the temporary subclass 820 (onshore applicant) partner visa. The visa will be determined after two years residence in Australia as a couple following the grant of the subclass 820 visa.

An applicant must be onshore both when they apply and when the visa is determined.

 

Genuine & On-going Relationship Criteria (All partner visa subclasses)

There are numerous criteria to be satisfy for partner visas but the main emphasis is on establishing a couple’s genuine and continuing relationship. For this reason it is very important that considerable effort be made collecting statements and evidence to support a couple’s relationship.

For the Prospective Marriage Visa (subclass 300) there is also an onus on applicants to prove a couple’s genuine intention to marry.

Usually couples must have been in a genuine and on-going relationship for a minimum of one year before they can apply for partner visas.

 

Please ring or submit an enquiry on the Enquiry / Consultation Booking Form on our Contact Us page if you have a question or wish to  book a consultation about Partner Visas.