Partner visas
You may be eligible for a Partner Visa if you are married, engaged to or in a relationship with an Australian citizen, Australian permanent resident or New Zealand citizen. With the recognition of same sex marriage, there are additional visas available to partners in a same sex relationship. There are different requirements if you are either overseas or in Australia.
The requirements for this visa are under review by the Australian government and it is important to obtain sound migration advice before submitting your application.
The requirements for this visa are under review by the Australian government and it is important to obtain sound migration advice before submitting your application.
Prospective marriage visas
The Subclass 300 temporary Prospective Marriage visa allows you to come to Australia to marry your prospective spouse or fiancé. This visa also applies to same sex couples.
This application must be made outside Australia and you must be outside Australia when it is granted. It is a temporary visa granted for 9 months to get married. You can get married in any country and you do not have to get married in Australia.
This visa allows you to:
Your sponsoring spouse must be an Australian citizen, permanent resident or eligible New Zealand citizen.
You can include the following people in your visa application:
The applicant and any dependant members must satisfy health and character requirements.
This application must be made outside Australia and you must be outside Australia when it is granted. It is a temporary visa granted for 9 months to get married. You can get married in any country and you do not have to get married in Australia.
This visa allows you to:
- enter Australia before you marry your prospective spouse;
- travel in and out of Australia as often as you want;
- work in Australia, although some employers might not hire people with temporary visas;
- study in Australia, but with no access to government funding for tertiary study; and
- apply for a Partner visa in Australia, after your marriage.
Your sponsoring spouse must be an Australian citizen, permanent resident or eligible New Zealand citizen.
You can include the following people in your visa application:
- your dependent children; and/or
- other dependent relatives.
The applicant and any dependant members must satisfy health and character requirements.
Offshore partner visas
The Subclass 309 temporary Partner visa allows your partner to sponsor you to live in Australia if you are legally married to or are the de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen. This visa also apples to same sex couples.
The application must be made outside Australia and you must be outside Australia when it is granted.
This visa has two stages. A temporary stage (subclass 309) and then the permanent Partner visa (subclass 100). You initially lodge an application for your temporary visa and after about 2 years, your permanent visa is processed.
In very particular circumstances it can be granted even if the relationship has ended.
The Provisional Partner Visa (subclass 309) will allow you to:
- stay in Australia until a decision is made about your permanent Partner visa;
- work in Australia;
- study in Australia, but with no access to government funding; and
- enrol in Medicare
Once you obtain the Permanent Partner visa (subclass 100) visa you can:
- stay in Australia indefinitely;
- work and study in Australia;
- apply for Australian citizenship (if you are eligible);
- sponsor eligible relatives for permanent residence;
- receive some social security payments;
- travel to and from Australia for five years from the date the visa is granted – after that time you will need another visa to enter Australia.
You can include the following people in your visa application:
- your dependent children; and/or
- other dependent relatives.
The applicant and any dependant members must satisfy health and character requirements.
Onshore partner visas
The Subclass 820 temporary Partner visa allows your partner to sponsor you to live in Australia if you are legally married to or are the de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen. The Partner Visa can also be granted to same sex couples.
The application has to be made in Australia and you must be within Australia when the visa is granted.
In some very particular circumstances it can be granted even if the relationship has ended.
This visa has two stages. A temporary stage (subclass 820) and then the permanent Partner visa (subclass 801). You initially lodge an application for your temporary visa and after about 2 years, you may apply for the permanent visas.
The temporary Partner Visa (subclass 820) will allow you to:
- stay in Australia until a decision is made about your permanent Partner visa;
- work in Australia;
- study in Australia, but with no access to government funding; and
- enrol in Medicare
Your dependent children can be included in your application. The dependents must also be in Australia when they apply.
Two years after your subclass 820 is lodged if the relationship still exists you will be invited to apply for your Permanent Partner visa (subclass 801).
The Permanent Partner visa (subclass 801) will allow you to:
- stay in Australia indefinitely;
- work and study in Australia;
- apply for Australian citizenship once you are eligible to do so;
- sponsor eligible relatives for permanent residence;
- receive some social security payments; and
- travel to and from Australia for five years from the date the visa is granted and after that time you will need another visa to enter Australia if you have not become a citizen.
The applicant and any dependant members must satisfy health and character requirements.
Parent and child visas
Parents, Dependent Children, remaining relatives and Carers of Australian citizens, permanent residents or certain New Zealand citizens may be eligible for a permanent visa if they meet certain criteria.
The definition of Members of the Family Unit has recently changed which has impacted on eligibility for these visas. Eligibility is assessed based on meeting strict requirements, but if successful, these categories of people may be granted permanent visas. |