If you’re an Australian citizen or permanent resident, you are eligible to bring your partner into Australia through the Australia Partner Visa. Through this visa, you can reunite with your loved one and build a new life together Down Under. The process is not complicated, but it’s a good idea to equip yourself with some knowledge to make the visa application journey much easier.
In this guide, we’ll share our knowledge of the Australia Partner Visa, what it is, who is eligible for this visa, and the steps to apply. Here at Checklist Visa, we want to empower people to tackle the process of visa applications. So, let’s dive in and explore how you can bring your loved one into Australia through a partner visa.
Overview of Australia Partner Visas
Through the Australia Partner Visa, Australian citizens, permanent residents, or eligible New Zealand citizens can bring their spouses or de facto partners to live with them in Australia. The program is only applicable to couples in a genuine and committed relationship.
This visa has two main types:
1. Subclass 820/801
Also called the Onshore Partner Visa, this is for those applying from within Australia. Subclass 820 grants temporary residence, while Subclass 801 is a permanent visa. You can apply for both visas at the same time, but the permanent visa can be processed later.
2. Subclass 309/100
Also called the Offshore Partner Visa, this is for applicants applying from outside Australia. The Subclass 309 is the temporary visa, while the Subclass 100 is the permanent one. Just like the onshore visa, you may apply for both visas at once, with permanent residency granted later.
Eligibility Requirements
Relationship Status
Eligible applicants must be married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
Genuine Relationship
When applying for the visa, you must be able to submit proof your relationship is genuine and continuing, with a mutual commitment to a shared life.
De facto Relationship Requirement
For those applying as a de facto partner, you must have lived together for at least 12 months before sending in your application, unless there are exceptional circumstances.
Age Requirement
Both partners have to be at least 18 years old at the time of application.
Health and Character
The applicant has to meet health and character requirements. He or she has to undergo medical exams and submit police clearances.
Sponsorship
The partner who is sponsoring the applicant must not have sponsored another partner in the past five years.
No Visa Cancellation
To be approved for the visa, the applicant must not have had a previous visa canceled or refused while in Australia.
Application Process
If you meet the eligibility requirements stated above, it’s time to apply for the Partner Visa. Here are the steps:
1. Choose the Right Visa Subclass
Depending on your current location, you need to choose between the Partner Visa (subclass 820/801) for onshore applications or (subclass 309/100) for offshore applications.
2. Gather Necessary Documents
Next, gather the required documents. You need to submit proof of your identity, such as passports and birth certificates. Include documents that demonstrate your relationship, such as photos, communication records, joint financial responsibilities, statements from friends and family, etc.
3. Complete the Application Form
You can start the process of application online. Create an account on the ImmiAccount portal and fill out the required application form. Be accurate and thorough to avoid delays.
4. Pay the Visa Fee
Next, pay the required visa application fee. The cost varies depending on the subclass. Keep the receipt as proof of payment.
5. Submit the Application
When you’re done filling out the form and making a payment, it’s time to submit the application. But make sure you have uploaded the necessary documents. So, double-check for accuracy to avoid delays.
6. Wait for Processing
Processing times for the Australia Partner Visa can vary, so be prepared to wait. Monitor your email for any communications from Australia’s Department of Home Affairs.
7. Attend an Interview (if required)
Sometimes, they will ask you to attend an interview. Be ready to answer questions regarding your relationship and the supporting documents in your application. Refer to our visa interview tips to help you prepare.
8. Receive Your Visa Decision
You will receive notification of the outcome through email. If approved, they will include further instructions on the next steps.
Partner Visa Pathways to Permanent Residency
The Australia Partner Visa has two main stages: the temporary visa and the permanent visa.
When you first apply, you are considered for a temporary Partner Visa (subclass 820 or 309) and a permanent Partner Visa (subclass 801 or 100). The temporary visa is usually granted first, allowing you to live, work, and study in Australia while your permanent visa is still in process.
After about two years from your initial application, you may become eligible for the permanent Partner Visa. During this time, the Department of Home Affairs will review your relationship to ensure it is ongoing and genuine.
Once the permanent visa is granted, you can live in Australia indefinitely, with access to government benefits and pathways to citizenship.
FAQs on Australia Partner Visa
Can I include my children in the Partner Visa application?
Yes, you can include your children in the application of the partner visa. You can add your dependent children or stepchildren as secondary applicants, provided they meet the eligibility criteria. They must be under 18 or financially dependent on you if they are over 18 but under 23. You’ll need to provide documentation, such as birth certificates and proof of dependency. If your Partner Visa is granted, your children will also receive visas, allowing them to live in Australia with you.
Do I need to live with my partner to apply for the visa?
Yes, you generally need to live with your partner to apply for an Australia Partner Visa, especially if you’re in a de facto relationship. You will be asked to submit evidence that you’ve been living together for at least 12 months before you apply, unless you’re married or have a valid exemption. However, short periods of separation for reasons like work or travel are usually acceptable, as long as the relationship is genuine and ongoing.
Can I work in Australia while my visa is being processed?
Yes, you can work in Australia while your Partner Visa is being processed, but only if you’ve been granted a temporary Partner Visa (subclass 820 or 309). This visa allows you to live, work, and study in Australia while waiting for your permanent visa decision. You won’t need a separate work visa during this time. However, if you’ve only lodged your application and haven’t yet received the temporary visa, you may need to wait for the visa grant before you can work.
