Partner (Migrant) Visa
Introduction to Partner Visas
Australia's comprehensive Partner visa migration policy makes the distance between partners and spouses a non-issue. If you want to live in Australia and your partner is a permanent resident or citizen, you may apply for a Partner visa. This visa allows migrant families to reunite and settle down together. This visa allows migrant families to reunite and settle down together.
Partner visas are divided into offshore and onshore categories. If the applicant is offshore and has a genuine relationship with an Australian permanent resident or citizen, they can apply offshore. If engaged, they can initially apply for a fiancé(e) visa, enter Australia, legally marry, and then apply for a Partner visa. Alternatively, they can directly apply for a spouse visa offshore. If the applicant meets the onshore Partner migration criteria, they can apply onshore, eg. by marrying in Australia after graduating as a student or meeting conditions while holding a tourist visa.
Types of Partner Visas
Temporary Partner Visa (Subclass 309) and Permanent Partner Visa (Subclass 100): For overseas applicants to enter Australia and live with their partner. The partner must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
Temporary Partner Visa (Subclass 820) and Permanent Partner Visa (Subclass 801): For onshore Australian applicants to continue living with their partner. The partner must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
Prospective Marriage Visa (Subclass 300): For overseas applicants to enter Australia and marry their fiancé(e). The fiancé(e) must be an Australian citizen, permanent resident, or eligible New Zealand citizen. Once married, the visa holder can apply for permanent residency in Australia.
Applying for a Partner Visa
The first step is to obtain a temporary resident visa, which will serve as your provisional or probationary period and lasts for two years.
You will then be able to apply for a permanent resident visa (PR).
Partner (Migrant) Visa (Subclass 100)
This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, live in Australia permanently. It is usually granted to people who hold a temporary Partner visa (subclass 309) and are in a genuine and ongoing relationship with their partner who sponsored them for the temporary visa.
In special circumstances, however, the applicant may be eligible for a permanent visa directly. For instance, if the applicant has been married for over three years at the time of application, and/or has children together.
With this visa, you can
· live, work and study in Australia indefinitely
· sponsor eligible family members to come to Australia
· apply for Australian citizenship if eligible
· access Australia’s public healthcare system, Medicare
· travel freely in and out of Australia while the visa remains valid
· travel to New Zealand without having to apply for an additional visa
Eligibility Requirements
There are no formal educational, English language, work experience, or asset requirements when applying for this visa. However, you are still required to meet certain conditions to be eligible for this visa.
For applicants, to be eligible for this visa, you must:
· hold a temporary Partner (Provisional) visa (subclass 309) or Dependent Child visa (subclass 445)
· in most cases, continue to be in a genuine and ongoing relationship with your partner
For sponsors, to be eligible for this visa, you must:
· be an Australian citizen, permanent resident, or eligible New Zealand citizen
· be over 18 years of age
· continue to be the spouse or de facto partner who sponsored the applicant for the temporary partner visa
· not have sponsorship limitations apply to you*
*A person can sponsor their spouse twice in their lifetime, however, there must be a gap of at least five years between each sponsorship. Additionally, if the sponsor obtained permanent residency through a partner visa, they must wait for a minimum of five years before they are able to sponsor their spouse for migration.
Note: The Australian Government must approve the sponsorship. Approval will be granted while the applicant's temporary visa is processed.
Fees
Primary applicant: AUD$7,000
Secondary applicant over 18: AUD$3,505
Secondary applicant under 18: AUD$1,755
Note: Visa fees are based on the data published by the Department of Home Affairs in April 2018. Please check the official website for any updates.