A Complete Guide to Australian Partner Visas

February 10, 2025

A Complete Guide to Australian Partner Visas

Australian partner visas allow eligible individuals to join their partner or spouse in Australia. Whether you’re married or in a de facto relationship, the partner visa is a combined application that initially grants temporary residency (Subclass 309 or 820) and leads to permanent residency (Subclass 100 or 801).

Types of Partner Visas

1. Onshore Partner Visa (Subclass 820/801)

Subclass 820 (Temporary Visa): Allows applicants to stay in Australia with their partner while the permanent visa is being processed.
Subclass 801 (Permanent Visa): Grants permanent residency to eligible applicants after meeting certain conditions and processing timelines.

2. Offshore Partner Visa (Subclass 309/100)

Subclass 309 (Temporary Visa): Permits applicants to live in Australia temporarily while awaiting a decision on the permanent visa.
Subclass 100 (Permanent Visa): Provides permanent residency once the relationship and sponsorship criteria are met.

3. Prospective Marriage Visa (Subclass 300)

For couples intending to marry.
The visa holder must marry within the visa validity period and transition to Subclass 820/801.

Eligibility Criteria for Partner Visas

1. Relationship Evidence

The applicant must demonstrate a genuine and ongoing relationship with their partner (the sponsor). The Department evaluates the relationship based on the “four pillars”:

Financial: Evidence of shared financial responsibilities, joint accounts, or shared expenses.
Household: Proof of living arrangements, shared domestic responsibilities, and cohabitation.
Social: Public acknowledgment of the relationship, participation in social activities, and interactions with family and friends.
Commitment: Evidence of long-term intentions, emotional support, and mutual commitment.

2. Sponsorship Requirements

The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
The sponsor must be at least 18 years old.
The sponsor must pass character requirements, including providing police clearance certificates.
The sponsor must not have a history of sponsoring multiple applicants or been barred from sponsorship due to past breaches.

3. Health and Character Requirements

The applicant must meet health and character standards, including undergoing medical examinations and providing police clearances.
Sponsors are not required to meet health requirements but must pass character checks.

4. Marital or De Facto Relationship

If married, the marriage must be valid under Australian law.
If in a de facto relationship, evidence of living together for at least 12 months is required unless exceptional circumstances apply (e.g., cultural traditions or having a child together).

Processing Stages and Pathway

1. Temporary Partner Visa (Subclass 820 or 309)

Granted initially, allowing the applicant to stay in Australia temporarily.
Applicants can work, study, and access Medicare (if applying onshore).

2. Permanent Partner Visa (Subclass 801 or 100)

Granted 2 years after applying, subject to meeting eligibility criteria and ongoing relationship requirements.
Processing times depend on individual circumstances and application complexity.
Couples in long-term relationships (3+ years or 2+ years with a child) may bypass the provisional visa stage and directly receive permanent residency.

Common Mistakes and Tips to Avoid Refusals

1. Insufficient Evidence

Provide ample proof of the relationship covering all four pillars.
Include photos, correspondence, joint finances, and declarations from friends and family.

2. Incomplete Applications

Ensure all sections are completed and all required documents are attached.
Double-check translations for non-English documents.

3. Inconsistent Information

Ensure details in forms, evidence, and statements are consistent.
Any discrepancies could delay processing or lead to a refusal.

4. Unmet Sponsorship Requirements

Ensure the sponsor has provided all necessary evidence of eligibility, including police checks.

Key Considerations

1. Sponsorship Limitations

A sponsor can sponsor up to two applicants, with a 5-year gap between sponsorships.

2. Family Violence Provisions

Protection for applicants who experience family violence during the visa process, allowing them to continue with their application independently.

What Happens If the Relationship Breaks Down?

If the relationship ends after applying but before the permanent visa is granted, the applicant must inform the Department. The visa application may still be considered if:

Domestic violence or family violence occurred.
The couple shares a child, and custody arrangements exist.

How Visa Finder Can Help

Navigating partner visas can be complex, and each relationship is unique. Visa Finder offers:

Expert guidance on eligibility and documentation requirements.
Assistance with preparing and lodging a complete, accurate application.
Ongoing support through every stage of the visa process.
Professional advice on managing complications, including relationship breakdowns.