Partner Visa Process and Requirements – Australian Immigration Lawyers

TL;DR

• The Partner Visa (Subclass 820, 801, 309, 100) allows spouses and de facto partners of Australian citizens or permanent residents to live in Australia.
• The visa process includes a temporary visa (Subclass 820 or 309) followed by a permanent visa (Subclass 801 or 100).
• Key eligibility requirements include proving a genuine relationship, meeting health and character standards, and having a sponsor (sponsor is your partner).
• The application involves submitting documents, including proof of relationship, health checks, and police certificates. It can be done online.
• Processing times vary, typically taking 14-26 months for the temporary visa and 2 years for the permanent visa. Costs include visa fees and additional expenses like health checks.

Are you already in Australia and ready to bring your partner to join you? Whether you’re married, in a de facto relationship, or planning to reunite with your spouse, the Partner Visa is your path to a life together in Australia. But with all the complexities of immigration laws and processes, you may find the journey a bit overwhelming.

Don’t worry! This guide will walk you through everything you need to know about the Partner Visa process. We’ll cover the various visa options available, eligibility criteria, the step-by-step application process, and how an experienced Australian immigration agent can help you make the process smooth and stress-free. Let’s get started on your path to bringing your partner to Australia!

Please Note: This article serves as a general guide to help you understand the topic, with information accurate as of the publication date. We recommend consulting a registered migration agent or check The Department of Home Affairs for precise, up-to-date guidance tailored to your specific circumstances.

What is a Partner Visa?

The Partner Visa (subclass 820, 801, 309, 100) allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to reside in Australia. The Partner Visa is designed to help couples build their lives together in Australia, whether you are applying while in Australia (onshore) or outside Australia (offshore).

1. Temporary Residency: Initially, you’ll be granted a temporary visa (Subclass 820 or Subclass 309), allowing you to live in Australia while your permanent visa application is processed.
2. Permanent Residency: After meeting certain conditions and waiting the required time, you can transition to a permanent Partner Visa (Subclass 801 or Subclass 100), granting you full residency in Australia.

Types of Partner Visas

The Partner Visa is split into two types based on your current location:

1. Onshore (Subclass 820 and Subclass 801): If you’re partner is already in Australia, they’ll apply for the Subclass 820 (temporary) first, which will eventually lead to the Subclass 801 (permanent).
2. Offshore (Subclass 309 and Subclass 100): If your partner is currently outside Australia, they’ll apply for the Subclass 309 (temporary) and, once granted, your partner can come to Australia and wait for the Subclass 100 (permanent) visa to be granted.

The Partner Visa provides couples the opportunity to live together in Australia, whether you’re applying onshore or offshore. The journey starts with a temporary visa and leads to permanent residency after meeting certain conditions.

Next, let’s explore the eligibility requirements for the Partner Visa to ensure you’re prepared for the application process.

Eligibility Requirements for a Partner Visa

To apply for a Partner Visa while you’re in Australia, your partner and you must meet specific eligibility requirements:

1. Relationship Requirement

You and your partner must have a genuine and ongoing relationship. You need to prove this with documents like joint finances, marriage certificate (if they are married), shared living arrangements, and affidavits from family or friends.

2. Health and Character Requirements

Your partner must undergo health checks and provide police certificates to meet Australian health and character standards.

3. Age and Sponsorship

You both must be 18 or older, and your partner must sponsor you for the visa, with the sponsor remaining responsible for the financial support for two years.

4. Proof of Relationship

This is one of the most crucial parts of your application. You must prove your relationship is real and committed. This may include things like photos, joint bills, or declarations from family and friends.

With these criteria in mind, you’re on the right path to applying.

Now that we’ve covered the eligibility, let’s get into the step-by-step application process, so you can begin your journey to living with your partner in Australia.

Partner Visa Application Process

The process of applying for a Partner Visa when you’re in Australia involves several steps:

1. Lodging the Visa Application: The first step is to submit your visa application either online via ImmiAccount or through a paper application.
2. Sponsorship Application: Your partner (the sponsor) must lodge a separate sponsorship application after you’ve applied for your visa.
3. Gathering Necessary Documents: You’ll need various documents, including personal identification, police checks, health checks, and proof of your relationship.
4. Submitting the Application: After your required documents are ready, you’ll submit your application either online via ImmiAccount or using a paper application. We recommend online submissions as they are typically faster and easier to manage.
5. Interview or Further Documentation (if applicable): If required, you might need to attend an interview or provide further documentation to clarify any aspect of your relationship or the application.

Visa Decision and Outcome: After your application is reviewed, you’ll receive the decision in writing. If approved, you’ll receive your visa details. If refused, you’ll be notified of the reasons and can either appeal or reapply with additional documentation.

Now that we’ve covered the application process, let’s move on to understanding the costs involved and the processing time for your Partner Visa application, so you can plan accordingly.

Partner Visa Costs and Processing Time

Partner Visa Cost

First, let’s explore the costs involved in the Partner Visa.

Here’s a breakdown of the application fees for the Partner Visa:

1. Subclass 820: AUD 9,365
2. Subclass 801: No additional fee if applying as part of the Subclass 820 application.
3. Subclass 309: AUD 9,365
4. Subclass 100: No additional fee if applying as part of the Subclass 309 application.

In addition to the application fee, you may also incur extra costs for:

1. Medical checks: Mandatory health checks for your partner.
2. Police certificates: From any country where your partner has lived for 12 months or more.
3. Biometrics: Additional fees may apply if biometrics are required.

While the fees may seem high, hiring an migration agent like Knowbal can help ensure that your application is complete and submitted correctly, which can save you from costly mistakes.

Processing Time for a Partner Visa

The processing time can vary, but here’s an estimate:

1. Subclass 820: It typically takes between 14 to 26 months to process.
2. Subclass 801: You must hold your Subclass 820 visa for 2 years before you can apply for the permanent Subclass 801 visa.
3. Subclass 309: This provisional visa generally takes 12 to 18 months.
4. Subclass 100: You must hold your Subclass 309 visa for 2 years before you can apply for the permanent Subclass 100 visa.

The processing times may vary depending on multiple factors like the completeness of your application, additional documentation requests, and the volume of applications in the system.

Ever wonder what benefits you’ll get once your Partner Visa is granted? Let’s explore!

What Happens After Your Partner Visa Is Granted?

Once granted, your Partner Visa allows you and your partner to enjoy the following benefits:

1. Live and Work in Australia: Your partner will be free to work and live in Australia, either temporarily or permanently.
2. Travel Freedom: Enjoy unrestricted travel in and out of Australia once you have your permanent residency.
3. Medicare Access: If granted the permanent Subclass 801 visa and Subclass 100 visa, your partner will be able to access Medicare, Australia’s public healthcare system.
4. Australian Citizenship Pathway: After holding the Subclass 801 visa and Subclass 100 visa for a required period, your partner may apply for Australian citizenship.

If your application is refused, you’ll receive reasons for the refusal and will have options to appeal or reapply with more evidence to improve your chances.

How Australian Registered Migration Agents Can Help?

The Partner Visa process can be complicated, which is why having a migration agent can make all the difference. The agent ensures your application is legally sound, meets all the required criteria, and is submitted correctly. They can guide you through the entire process, from gathering documents to answering any legal questions you may have.

If any issues come up, such as a request for more information or concerns about your application, your agent will help you with these challenges. They’ll make sure you stay on track, helping you avoid any mistakes that could delay or jeopardise your visa application. With their expertise, you can have peace of mind knowing that everything is in order for the best possible outcome.

At Knowbal, you can get in touch with an experienced migration agent who can support you throughout the Partner Visa process, ensuring you have expert legal guidance whenever you need.

Final Thoughts 

The Partner Visa process may seem complex, but with the right support, you can navigate it smoothly and successfully. Whether you’re applying for a Subclass 820/801 or Subclass 309/100 visa, understanding the requirements and preparing your application carefully is crucial.

Ready to start your Partner Visa application? Contact Knowbal for expert guidance every step of the way. Our team will help you with your Partner Visa application to ensure it’s processed smoothly and efficiently. Book a consultation with us today!

Frequently Asked Questions (FAQs)

1. What is the difference between Subclass 820 and Subclass 801?

Subclass 820 is a temporary visa that allows you to stay in Australia while awaiting your permanent Subclass 801 visa.

2. Can I apply for a Partner Visa if I am outside Australia?

Yes, you can apply for the Subclass 309 (temporary) and Subclass 100 (permanent) visas if you’re outside Australia.

3. How long does the processing time take?

The Subclass 820 visa typically takes 14 to 26 months, while the Subclass 801 visa takes about 2 years after holding the Subclass 820.

4. Can I work in Australia while on a Partner Visa?

Yes, the Subclass 820 visa grants work rights in Australia while your permanent visa is being processed.

5. What will happen if my Partner Visa application is rejected?

If refused, you will be notified with reasons, and you can either appeal the decision or reapply for the visa with additional evidence.

Have more questions? Contact Knowbal today!