Airborne Migration & Education
At Airborne Migration & Education, we understand the importance of being together with your loved ones. If you’re planning to live and work abroad, a Partner Visa is the key to bringing your partner along. Whether you're married, in a de facto relationship, or engaged, our expert team will guide you through the entire process, ensuring a smooth application.
Why is a Partner Visa Important?
A Partner Visa allows you to bring your spouse, de facto partner, or fiancé to join you in your new country of residence. Whether for work, study, or long-term settlement, having your partner by your side can provide emotional support, stability, and peace of mind. It also opens the door for your partner to live, work, and potentially apply for permanent residency in the country.
- Legal Right to Live Together: Your partner will legally be allowed to join you in your new country.
- Work Rights: Most partner visas allow your partner to work and contribute to the economy.
- Permanent Residency Pathways: In some countries, holding a partner visa can lead to permanent residency, allowing both partners to stay long-term.
- Family Unity: It helps in maintaining family unity, ensuring both partners can live, work, and support each other while pursuing their dreams abroad.
In Australia, the Partner Visa is one of the most frequently granted visas, with over 50,000 partner visas issued annually. ( Australian Department of Home Affairs, 2023)
Eligibility for a Partner Visa
- Relationship Status: You must be in a genuine and ongoing relationship with your partner. This can be a spouse, de facto partner, or fiancé.
- Proof of Relationship: You need to demonstrate that your relationship is genuine and committed, which can be done through documents and statements that reflect the nature of your relationship.
- Health and Character Requirements: Both partners must meet health and character requirements. This usually involves medical exams and a police clearance certificate.
- Sponsorship: One partner (the sponsor) must be a citizen or permanent resident of the country you are applying to.
- Age and Financial Requirements: Some countries have minimum age requirements for both partners, and financial evidence may be required to show that the sponsor can support the applicant.
For Australian Partner Visas, you must be able to prove that you’ve been in a relationship for at least 12 months or are married. (Australian Department of Home Affairs, 2023)
Partner Visa (Subclass 820/801) – Onshore
The Partner Visa (subclass 820/801) allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. It is a two-stage visa process: the 820 is temporary, and the 801 is permanent. Both are applied for together, but the permanent visa is typically granted two years later if the relationship is ongoing.
Applicants must be in Australia when applying. You’ll need to prove the genuineness and ongoing nature of your relationship through evidence such as joint finances, cohabitation, and social recognition. Health and character checks are mandatory. The visa allows full work and study rights and access to Medicare from the temporary stage onwards.
Processing Times: Subclass 820 takes approximately 12–18 months. Subclass 801 is typically assessed around two years after the initial application. No separate application is needed for 801.
Cost & Conditions: The combined visa fee is approximately AUD $8,850. You may be granted a Bridging Visa while awaiting a decision. If the relationship ends before the 801 visa is granted, you may need to withdraw or transfer your application.
Partner Visa (Subclass 309/100) – Offshore
The Partner Visa (subclass 309/100) is for partners of Australian citizens, permanent residents, or eligible New Zealand citizens who are outside Australia at the time of application. It also follows a two-stage process: the 309 is temporary and the 100 is permanent, usually granted two years after the initial application.
Applicants must be outside Australia when lodging the application and when the 309 visa is granted. You'll need to demonstrate a genuine and continuing relationship, meet health and character requirements, and be sponsored by your partner. The visa allows travel to and from Australia, and work and study rights once granted.
Processing Times: Subclass 309 typically takes 12–20 months. Subclass 100 is processed around 24 months after the 309 grant.
Cost & Conditions: The visa fee is the same as the onshore option (AUD $8,850). Once on the temporary visa, you can access Medicare and remain in Australia while waiting for the permanent stage.
Prospective Marriage Visa (Subclass 300)
The Prospective Marriage Visa (subclass 300) is designed for those intending to marry an Australian citizen, permanent resident, or eligible New Zealand citizen. This temporary visa allows the applicant to travel to Australia and marry their partner within 9 months of visa grant. After marriage, the applicant can apply for the onshore Partner Visa (820/801).
Applicants must be outside Australia when applying and when the visa is granted. You must prove a genuine intention to marry, have met your partner in person, and plan to marry within the visa validity. Health and character checks are required, and the sponsoring partner must meet eligibility criteria.
Processing Times: Typically 16–25 months. After marriage and applying for the 820/801 visa, the applicant can remain in Australia on a Bridging Visa.
Cost & Conditions: The visa fee is approximately AUD $8,850. This does not include the subsequent Partner Visa application cost. The 300 visa allows travel, work, and study in Australia before transitioning to permanent residency via the Partner Visa pathway.
Partner Visa (Subclass 820) – Temporary
The Partner Visa (subclass 820) is a temporary visa that allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia while waiting for a permanent Partner Visa (subclass 801). It is applied for onshore, meaning the applicant must be in Australia at the time of application and visa grant.
To be eligible, you must be in a genuine and continuing relationship with your sponsor, provide evidence of joint financial commitments, shared household, social acknowledgment of your relationship, and mutual commitment. You must also meet health and character requirements. The visa grants full work and study rights and access to Medicare. You can include dependent children in your application.
Cost: AUD $8,850 for both 820 and 801 combined.
Processing Time: Approximately 12–18 months. You will generally receive a Bridging Visa A (BVA) that allows you to stay lawfully in Australia during processing.
Partner Visa (Subclass 801) – Permanent
The Partner Visa (subclass 801) is the permanent residency stage of the onshore partner visa process. You can be granted this visa once you have held the 820 visa for about two years, and your relationship is still ongoing. It provides permanent residence and access to most benefits and entitlements available to Australian citizens and permanent residents.
To be eligible for the 801 visa, you must continue to be in a genuine and ongoing relationship with your sponsor. In certain circumstances, such as domestic violence or if you have children with your partner, the permanent visa may still be granted even if the relationship has ended. Once granted, you can live and work in Australia indefinitely, access Medicare, sponsor family members, and apply for Australian citizenship if eligible.
Processing Time: You can be assessed for 801 about two years after your initial 820 application. No additional fee is charged as the application is combined.
Schedule 3 Criteria – Partner Visa (Subclass 820)
Schedule 3 criteria apply to applicants who are unlawfully in Australia (i.e., without a visa) or hold a bridging visa (other than a Bridging Visa A, B, or C) at the time of applying for the 820 visa. The purpose of Schedule 3 is to encourage people to lodge their visa applications while they still hold a substantive visa, and not remain in Australia unlawfully. If these criteria apply to you, you must meet extra conditions to be eligible for the visa.
To meet Schedule 3, you must show compelling reasons for why you should be granted the visa despite your immigration status. These could include strong ties to your partner, hardship caused by separation, having dependent children together, or other compassionate circumstances. If you do not meet Schedule 3, your visa could be refused even if your relationship is genuine. It is highly recommended to get professional help from a migration agent or lawyer if Schedule 3 may apply to you.
Important Note: A waiver request must be included with your application if Schedule 3 criteria apply. The waiver must clearly explain the compelling reasons for your overstay or unlawful presence and why you should still be allowed to apply onshore.
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