Partner Visas - Overview

This visa is for people who are partners i.e. married to, or in a de facto relationship, or interdependent relationship, with an Australian citizen, permanent resident or eligible New Zealand citizen. It can be applied for onshore or offshore. Obtaining permanent residence as a partner is a two-step process, with a provisional visa being granted first, and then the permanent visa. In effect, applicants apply for both the provisional and the permanent visa at the same time. Applicants are initially assessed against the rules for the provisional visa. Once this is granted, the applicant can travel to Australia (if this is an offshore application). Two years after the initial application, they are assessed against the rules for the permanent visa. If the relationship breaks down whilst the person holds the provisional visa they will not get permanent residence (unless there are exceptional circumstances).

For the Provisional Visa, the applicant must:

• hold a substantive visa without 'no further stay' condition (for onshore applicants);
• be sponsored by an Australian citizen, permanent resident or eligible NZ citizen;
• usually be at least 18 years old;
• either:
• be legally married to their sponsor and in a 'genuine continuing relationship'; or
• at the time of applying, intend to be married to the sponsor, and by the time the application is decided, actually have married and be in a 'genuine continuing relationship' with the sponsor; or
• be in a genuine, continuing de facto (interdependent) relationship with their sponsor, and have been for the 12 months before applying; unless you have registered your de facto relationship with the relevant State Registration Authority in Australia.
• have an exclusive relationship;
• be living together or living apart only temporarily;
• meet health, character, public interest and special return requirements.

The Sponsor must:

• be approved as a sponsor - an Australian citizen, resident or eligible NZ citizen;
• usually be at least 18 years old;
• not be subject of any restriction on sponsoring a spouse;
• arrange an Assurance of Support if one is required.

Limitation on Sponsorship - the Sponsor cannot sponsor if they:

• have previously sponsored 2 other partners for migration to Australian; or
• have sponsored another partner within the last 5 years; or
• were sponsored as a partner themselves within the last 5 years; or
• are the holder of a subclass 204 (Woman at Risk) visa.

Partner Visas - by Subclasses

Subclass 300 - Prospective Marriage	Subclass 820 - Spouse	Subclass 801 - Spouse
Temporary >	Temporary >	Residence (permanent)
You plan to marry your Australian partner in Australia.	You travelled to Australia and married your Australian partner. You now make an application to stay in Australia.	You are still in the relationship with your Australian partner 2 years after first applying for the subclass 820 visa.

Subclass 309 - Spouse	Subclass 100 - Spouse
Provisional >	Migrant (permanent)
You and your Australian partner are married or have been in a de facto relationship for 12 months.	You are still in the relationship with your Australian partner 2 years after first applying for the subclass 309 visa.

Subclass 820 - Spouse	Subclass 801 - Spouse
Temporary >	Residence (permanent)
You and your Australian partner are married or have been in a defacto(including the same sex) relationship for 12 months.	You are still in the relationship with your Australian partner 2 years after first applying for the subclass 820 visa.

Should you require further information regarding your eligibility or a particular visa category, please contact us.