There are certain documents and requirements needed for the 2 types of Partner Visas available in Australia. These 2 visas are commonly known as:

Partner Visa Subclass Onshore 820/801 – for applicants who are in Australia at the time of lodgement

Partner Visa Subclass Offshore 309/100 – for applicants who are not in Australia at the time of lodgement

The Partner Visa is for people who are married to, or in a de-facto relationship with, an Australian citizen, permanent resident or eligible New Zealand citizen.

It is initially temporary and can lead to permanent residence, provided the couple remains together for at least 2 years. In some instances a permanent visa can be granted simultaneously with the Temporary visa.

There is also a Prospective Marriage Visa Subclass 300

Also known as the “fiancée” visa. This visa is designed for Australian citizens and permanent residents who plan to sponsor and marry their partner from overseas and settle in Australia. It provides a secure and stable pathway for your partner to enter Australia with full-time work rights. The application will mainly focus on the genuineness of your relationship and intention to marry. After your marriage ceremony, the visa holder may be able to continue their journey towards Australian permanent residency through a Partner visa.

What if your partner is from New Zealand?

There is also a temporary visa for Partners and family members of New Zealand Citizens who are not “eligible” New Zealand Citizens. This visa is called New Zealand Citizen Family Relationship (Temporary) visa (subclass 461). The Subclass 461 visa lets you live in Australia with full work and study rights. It is valid for 5 years, after which it can be extended.

General Requirements

If your application is based on a marriage:

  • You must be legally married to an Australian citizen, permanent resident, or eligible New Zealand citizen

If your application is based on a de facto relationship:

  • You must have been in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen for at least 12 months prior to lodging your application (unless there are compelling or compassionate circumstances) or you have registered your relationship in the State you live.
  • You and your partner must both be at least 18 years old, and must not be closely related

In all cases:

  • You and your spouse/partner must be in a mutually exclusive relationship
  • That relationship must be genuine and continuing
  • You and your spouse/partner must either live together, or live apart on a temporary basis only

Processing Time for Partner Visas in Australia

Although there is no specified duration for processing Partner Visa applications, on average, it takes between 16 to 24 months for completion. However, the processing period for Partner Visa applications varies due to several factors, including:

  1. Whether the application includes sufficient information and supporting evidence;
  2. Promptness in responding to requests for additional information; and
  3. Time required to obtain information from external sources beyond the immigration department’s scope, such as health and biometrics examinations and character checks.

It is advisable to apply for the Partner Visa well in advance of your planned travel or migration date to ensure sufficient processing time.

 

Should you require advice on your options for a Partner Visa in Australia, we encourage you to contact our team to discuss your situation.