LODGING A PARTNER VISA?

A Partner Visa is a potential visa pathway for couples who are in a de-facto or spousal relationship. Applicants must be sponsored by a partner who is either an Australian Citizen, Australian Permanent Resident, or Eligible New Zealand Citizen. Sponsors must be over 18 years of age.

A Partner Visa allows you to enter and live in Australia with your partner.

A Partner Visa may also be called a de-facto visa, marriage visa, or fiance visa. It can be obtained by any monogamous couple that meets the eligibility criteria. This includes those who identify as LGBTQ+.

Partner Visas can involve multiple stages or visas. Depending on your circumstances the process may vary between 1 and 3 stages from the time you lodge your initial application until you obtain permanent residency. 

This will depend on your circumstances and your location at the time your application is lodged. There are three different types of Partner Visa pathways.

• The Subclass 820/801 Partner Visa; Also known as “Onshore Partner Visa”
• The Subclass 309/100 Partner Visa; Also known as the “Offshore Partner Visa”
• The Subclass 300 Prospective Marriage Visa; Also known as the “Fiance Visa”

Depending on your intentions, your relationship history, and your location, you may find that one option is more suitable than the other.

As an example, if you are inside Australia on a substantive visa and you and your partner have been living together for over 12 months, you may be suitable for a subclass 820 visa.

If your partner is overseas and will be overseas when you lodge the application, then you may be eligible for a subclass 309 visa. 

A Subclass 820 Partner Visa is for anyone who is in Australia and married to or in a de-facto relationship with an Australian Citizen, Permanent Resident, or Eligible New Zealand Citizen. You must be in Australia both at the time of application and at the time of decision.

Most applicants will be granted the Subclass 820 visa first. This is a provisional visa which allows you to live and work in Australia until a decision is made on your application for permanent residency. This is the Subclass 801 visa.

If you have been in a long-term relationship, you may be eligible for the grant of the Subclass 820 and 801 visas simultaneously. Applicants who do not receive a simultaneous or dual grant must wait two years from the time of lodging their initial visa application to lodge the second stage application. The initial fee paid for your Partner Visa application covers both the Subclass 820 and 801 visas regardless of whether the visas were granted simultaneously or separately. 

A Subclass 309 visa is for anyone who is outside Australia and married to or in a de-facto relationship with an Australian Citizen, Permanent Resident, or Eligible New Zealand Citizen. You must be outside Australia at time of application as well as the time of decision.

Most applicants will be granted the Subclass 309 visa first. This is a provisional visa which allows you to live and work in Australia until a decision is made on your application for permanent residency. This is the Subclass 100 visa.

If you have been in a long-term relationship, you may be eligible for the grant of the Subclass 309 and 100 visas simultaneously. Applicants who do not receive a simultaneous or dual grant must wait two years from the time of lodging their initial visa application to lodge the second stage application. The initial fee paid for your Partner Visa application covers both the Subclass 309 and 100 visas regardless of whether the visas were granted simultaneously or separately.

This visa is also known as a “Fiance Visa” and allows an applicant to come to Australia to marry their prospective spouse. It is a temporary visa and allows you to enter and work in Australia. You must then apply for a Partner Visa (subclass 820) once you are inside Australia.

Your prospective spouse must be an Australian Citizen, Australian Permanent Resident, or Eligible New Zealand Citizen.

The fee for lodging a Partner Visa or Prospective Marriage Visa is currently $8,850AUD, but this typically increases each financial year. There are additional fees if you wish to include a dependent child or if you are lodging a Subclass 820 Partner Visa after your Subclass 300 visa is granted.

There are also other costs to consider when considering a Partner Visa such as visa medicals, police checks, official translation of documents, flights, and being able to support yourself in Australia if there are periods where you cannot work (for example, while waiting on a Bridging Visa). This is why it’s important to get advice before you start so you can budget properly for the full costs of applying for a Partner Visa.

Processing times vary greatly and are dependent on a number of factors. One of these factors is which visa you have applied for.

Processing times are currently between 6 and 33 months for a Subclass 820 Partner Visa, 4 and 30 months for a Subclass 309 Partner Visa, and 5 and 35 months for a Subclass 300 Prospective Marriage Visa.

There are a number of other factors which can help speed up the processing of your application such as:

• Putting together a professional application that is presented in a way that makes it easy for the Department of Home Affairs to make the decision quickly
• Ensuring all relevant documents are provided at time of lodgement
• Ensuring all forms are completed in full
• Responding to any requests from Immigration as soon as possible

The Partner Visa can require anywhere from 1 to 3 stages. Generally, you’ll first apply for and receive a decision on a provisional, or temporary, Partner Visa (either the Subclass 820 or 309). Two years after the initial application was lodged, you are then eligible to apply for your permanent residency (either the 801 or 100). In some cases, you may receive permanent residency (Subclass 801 or 100) at the same time as the provisional visa (820 or 309).

If you are applying for a Prospective Marriage Visa, or Fiance Visa, your Partner Visa journey will have 3 stages. You will apply for your Subclass 300 visa, and once granted, you can travel to Australia to get married. You then need to apply for a Subclass 820 visa followed by your Subclass 801 visa. 

You need to demonstrate that you are in a genuine and continuing relationship with your partner. Unfortunately there is no one list that can cover your unique set of circumstances. During our Evidence Planning Session at The Partner Visa Academy, we will provide you with strategy and guidelines on what evidence you need for your particular case. The evidence required for a Partner Visa will cover the four pillars that your relationship will be assessed against. See our other FAQ answer on what the four pillars are.

Depending on which Partner Visa you apply for the eligibility criteria can vary slightly. These are the general eligibility criteria for a subclass 820/801 or 309/100 visa.

• You must be 18 years or older
• You must married or in a de-facto relationship with an Australian Citizen, Australian Permanent Resident, or eligible New Zealand Citizen
• Your sponsor must not be prohibited from sponsoring you
• Your sponsor must be 18 years of age
• You must demonstrate your relationship is genuine and continuing
• You must meet health and character criteria

The documents you will need for a Partner Visa will depend on your relationship. You need to provide documents to evidence your identity, character, and relationship.

If you are applying for a Partner Visa on the grounds of your de-facto relationship, you must be able to demonstrate that your de-facto relationship has existed for at least 12 months before the application was lodged in most cases.

The Department of Home Affairs will assess whether the relationship is a genuine ongoing relationship to the exclusion of all others based on history of the relationship, financial aspects, social aspects, nature of the household, commitment to each other, and future plans of the couple. The documents you provide must therefore evidence these parts of your relationships (for example, photos of dates and social outings, joint bank account statements, and joint tenancy agreements). Other evidence includes proof of your identity, witness statements attesting to your relationship, and health and character checks.

There is no one single document checklist that fits everyone. That’s why it's super important to speak with a professional who can provide further information based on the details of your relationship. We can assist you with this through our free introductory session. As part of The Partner Visa Academy, you will have a 1 on 1 session with a Registered Migration Agent who will sit down with you, map out all of your evidence, and assess it against the four pillars.

When the Department of Home Affairs assesses your relationship they will look at what’s often referred to as “The Four Pillars of Evidence.” These are

1. Financial Aspects of your relationship

The Department of Home Affairs will want to see how you and your partner share and manage your financial responsibilities. Examples of documents to provide can be

• Joint bank statements
• Wills
• Joint loans and leases

2. The Nature of your Household

The Department of Home Affairs will want to see how you and your partner share household chores and responsibilities. Examples of documents to provide can be

• Household bills
• Mail sent to your joint address
• Joint responsibility for any children
• Statements about how you share your household chores

3. Social Aspects of your relationship

The Department of Home Affairs will want to see how you present your relationship and whether it's known to others. Examples of documents to provide can be

• Photographs
• Witness statements
• Joint invitations
• Joint travel

4. Nature of your Commitment

The Department of Home Affairs will want to see how you and your partner rely on each other and whether you view your relationship as one to continue long-term. Examples of documents to provide can be

• Relationship statements detailing the level of emotional and physical support you provide to one another
• Any long-term arrangements made to care for the other such as superannuation beneficiary documentation, wills, and life insurance policies

The Department of Home Affairs will assess your application and evidence as a whole. The documents you should provide will depend on your individual circumstances. This is why, at The Partner Visa Academy, you will have an Evidence Planning Session with a Registered Migration Agent to make sure you have a tailored approach to your application.

One of the biggest misconceptions about Partner Visas is that you need to be married. As long as you meet the eligibility criteria, you don’t have to be married to lodge a Partner Visa. In fact, we have even seen cases where getting married for the sake of a Partner Visa has backfired on the application.

In most cases you are eligible for your permanent Partner Visa two years from the date of your initial application. There are some exceptions to this rule if you have been in a ‘long-term’ relationship of 3 years or or more, or two years or more and have a child of the relationship.

There are both essential and nonessential forms to complete for a Partner Visa application. For your application to be valid, you (the applicant) must complete and lodge an electronic Form 47SP. Your sponsor must then complete their sponsorship form, which is the electronic Form 40SP. You may also need to complete a character assessment form and there are also certain forms for your witnesses to complete in support of the visa application. A list of forms you may need to complete are below.

• Form 80
• Form 888 which your witnesses will complete
• Form 956

You will need your witnesses to provide a letter of support, statutory declaration, or Form 888 for your Partner Visa application. Depending on the background of your relationship, it may be recommended you provide anywhere from 2 to 6 witness statements.

Once your Partner Visa is granted, you will have full work rights in Australia. Depending on the location of your application and any other visa you held at time of application, you may even have work rights before a decision is made on your Partner Visa.

This depends on whether you lodge the Partner Visa application offshore or onshore. You will not have a Bridging Visa granted if you lodge your application offshore.

Generally, if you lodged your Partner Visa application onshore, you will be granted a Bridging Visa . This will depend on what visa you were holding prior to the Partner Visa application being lodged. This area of migration law is very complex and it is best to seek specific advice for your situation before making a decision. Not doing so could be costly.

You can lodge a Subclass 309 Partner Visa application offshore. This visa is only for applicants who are outside Australia at time of visa application. You must ensure you meet eligibility requirements before your application is lodged.

A Subclass 300 Prospective Marriage Visa must also be lodged offshore. For an offshore Partner Visa application, you must be outside Australia both at time of application and the time of decision.