TL;DR

• Apply Onshore on a Visitor Visa: You can lodge an onshore Partner visa (Subclass 820/801) while on a 600 Visitor visa without leaving Australia.
• Automatic Bridging Visa: Lodging a Partner visa grants a Bridging Visa A (BVA), allowing you to stay legally while your application is processed.
• Processing Time: Onshore applications (820/801) are processed faster than offshore (309/100).
• DHA: For latest updates, it’s always best to check the Department Of Home Affairs official website.

Are you currently in Australia on a Tourist Visa and looking to stay longer with your partner? If so, understanding the process to transition from a Tourist Visa to a Partner Visa in Australia is important. Many people, just like you, are eager to make their stay permanent by applying for a Partner Visa. While a Tourist Visa allows you to explore Australia temporarily, a Partner Visa offers the chance to build a more permanent life with your partner. But how do you make that shift?

Understanding the process and meeting the eligibility requirements, such as proving a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, can help you transition smoothly.

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 The Department of Home Affairs for precise, up-to-date guidance tailored to your specific circumstances.

Understanding the Transition from a Tourist Visa to a Partner Visa

Transitioning from a Tourist Visa (Subclass 600) to a Partner Visa is a common step for those who want to stay with their partner in Australia long-term. The Partner Visa (subclass 820/801) allows individuals in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen to live and work in Australia permanently.

If you hold a Visitor Visa and wish to stay with your partner in Australia long-term, you can apply for the subclass 820 Partner Visa (onshore). The subclass 801 is the permanent stage of the visa, which is granted after the applicant holds the temporary Partner Visa (subclass 820) for two years.

If your Visitor Visa has the “No Further Stay” condition, you would need to leave Australia and apply for the Partner Visa from outside the country (this would likely be under the Offshore Partner Visa (subclass 309/100)).

However, if your Visitor Visa does not have this restriction, you may apply for the Partner Visa while staying in Australia. You will likely be granted a Bridging Visa (usually Bridging Visa A) while your Partner Visa application is processed. This allows you to remain lawfully in Australia while waiting for a decision.

Understanding the process and meeting the eligibility requirements, such as proving a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, can help you transition smoothly.

Eligibility Assessment for a Partner Visa

To successfully transition from a Tourist Visa to a Partner Visa (Subclass 820/801 or Subclass 309/100), there are several eligibility criteria that you must meet.

1. Relationship Status

You need to be in a genuine and ongoing relationship with your partner, who must be an Australian citizen, a permanent resident, or an eligible New Zealand citizen.

2. Evidence of Your Relationship

You’ll need substantial proof that your relationship is authentic. Documents like joint bank statements, shared leases, photos, and even social media interactions can help build your case.

3. Current Visa Status

Not all Tourist Visas allow a switch to a Partner Visa from within Australia. For example, if your Tourist Visa has a “No Further Stay” condition, you may be required to leave Australia before applying. Consulting a migration specialist can help you understand any limitations on your current visa.

Understanding the eligibility can help you move on to the next step of the process, determining whether to apply for an onshore or offshore visa.

Choosing the Right Visa

Deciding whether to apply onshore or offshore for a Partner Visa depends on your current location, visa conditions, and personal circumstances. Each option comes with its own set of benefits and challenges, so understanding them thoroughly will help you make an informed decision.

Onshore Application Process (Subclass 820 and 801)

If you are already in Australia on a Tourist Visa, transitioning to a Partner Visa onshore is a popular choice. This option allows you to stay with your partner during the application process and enjoy several benefits, but it also comes with some challenges.

Advantages of Onshore Partner Visa Applications:

1. Stay With Your Partner: Applying onshore means you can stay in Australia with your partner while waiting for your Partner Visa to be processed.
2. Bridging Visa Benefits: After applying, you usually get a Bridging Visa, which lets you stay legally in Australia even if your Tourist Visa expires.
3. Potential Work Rights: A Bridging Visa may allow you to work, helping you support yourself financially while you wait.

Disadvantages of Onshore Partner Visa Applications:

1. Obtaining a Tourist Visa Can Be Challenging: If migration officers think you plan to switch to a Partner Visa, they will check your Tourist Visa application closely. They look at things like your finances, your job back home, and reasons for your visit.
2. Increased Scrutiny on Applications: Partner Visa applications made onshore are often reviewed more closely to ensure your relationship is genuine.
3. No Further Stay Condition: Some Tourist Visas include the “No Further Stay” condition, which restricts applying for another visa while in Australia. You can ask to remove this rule, but it’s not always approved.
4. Not All Applications Are Approved: Despite providing evidence, not all onshore Partner Visa applications are successful, especially if officers find weak or inconsistent proof of your relationship.

Deciding whether to apply onshore or offshore for a Partner Visa depends on your current location, visa conditions, and personal circumstances. Each option has its own set of benefits and challenges, so understanding them thoroughly will help you make an informed decision.

Offshore Application Process (Subclass 309 and 100)

If you can’t apply for a Partner Visa onshore due to visa restrictions or a rejected Tourist Visa, you can apply for an offshore Partner Visa instead. This allows you to apply from your home country and still plan your future in Australia with your partner.

Advantages of Offshore Partner Visa Applications:

1. Stay in Your Home Country: Applying offshore means you can remain in your home country while your application is processed.
2. Time to Prepare: Being in your home country gives you more time to gather documents and meet visa requirements without immediate deadlines.

Disadvantages of Offshore Partner Visa Applications:

1. Longer Processing Times: Offshore Partner Visa applications often take more time to process, delaying your plans to reunite with your partner in Australia.
2. Travel Restrictions: You must remain outside Australia until your visa is approved, which could mean being away from your partner for longer.

Applying for a Partner Visa onshore is a popular choice because it lets couples stay together during the process and may allow you to work. If an onshore application isn’t possible due to visa restrictions or other issues, an offshore Partner Visa is another option. However, it usually takes longer, which means staying outside Australia while you wait. Talking to a migration expert can help you decide the best option for your situation.

With your application path chosen, the next step is gathering the necessary documentation to support your application.

Gathering Documents

When preparing your application, documentation is essential to proving eligibility and the authenticity of your relationship.

1. Proof of Identity and Relationship

This includes valid passports, birth certificates, and evidence that your relationship is genuine and ongoing, such as photos together, joint financial documents, shared travel history, and statutory declarations from friends and family confirming your relationship.

2. Financial, Residential, and Personal Documentation

Documents like joint bank account statements, rental or mortgage agreements, utility bills under both names, and insurance policies listing each other as beneficiaries can strengthen your application by demonstrating a shared life.

3. Health and Character Requirements

You’ll need to undergo health examinations conducted by an approved panel physician and provide police clearance certificates from every country where you’ve lived for 12 months or more in the past 10 years.

Organizing your documents thoroughly and in advance will help you avoid delays and ensure you’re prepared for each stage of the application. Once your documents are ready, you’re set to submit your application through the online ImmiAccount portal.

Submitting the Partner Visa Application

Submitting your Partner Visa application involves several important steps:

1. Using ImmiAccount

Once you’ve prepared your documents, upload and submit them online through ImmiAccount, Australia’s official immigration portal.

2. Application Fees

The Partner Visa application fee is approximately AUD 9,095. Additional costs may include police checks, health examinations, and any necessary document translations.

3. Appeal Procedures

In case of a refusal, you may have the right to appeal or submit further documentation. It’s recommended to consult a migration expert if you encounter issues with your application.

Completing each of these steps will help ensure a smooth submission process and set you on the right track. After submitting your application, you may be granted a Bridging Visa to stay in Australia legally while you await a decision on your Partner Visa.

Bridging Visas

When you apply for a Partner Visa while on a Visitor Visa, you may be granted a Bridging Visa. This visa allows you to remain in Australia legally while waiting for your Partner Visa application decision. Here are the types and their differences:

Bridging Visa A (BVA)

This is the most common visa for those who apply onshore. It lets you remain in Australia until your visa application is processed but does not permit international travel. If you leave the country on a BVA, it becomes invalid, and you may need to reapply upon return.

Bridging Visa B (BVB)

This visa allows you to travel outside Australia for a limited time while your application is pending. It’s ideal if you have unavoidable travel plans but want to continue your visa process uninterrupted upon returning.

Understanding these steps and visa options will help you navigate the application process more effectively.

Please note: Bridging Visas generally does not grant rights to work in Australia. You may need to apply through ImmiAccount separately for work rights if you want to support yourself financially while waiting.

Selecting the appropriate Bridging Visa and understanding its restrictions can make a big difference in managing your time and obligations in Australia. 

Financial and Sponsorship Obligations

As part of your Partner Visa application, your partner has important responsibilities as your sponsor. Here’s what you both need to know:

1. Understanding the Sponsor’s Role

Your partner, acting as your sponsor, must demonstrate a commitment to supporting you financially and providing accommodation during your initial settlement period in Australia. This support is crucial to ensure you do not rely on government assistance during this time.

2. Financial Evidence Requirements

While there is no specific income threshold for sponsors, providing evidence of financial stability is essential. Documents such as joint bank account statements, income records, rental agreements, and other proofs of shared financial responsibilities can strengthen your application by demonstrating your combined stability as a couple.

3. Impact of Not Meeting Sponsorship Obligations

If your sponsor cannot fulfill these obligations, it could delay or jeopardize your visa approval. It’s advisable to consult a registered migration agent to ensure all sponsorship requirements are clearly met and properly documented, helping to avoid unnecessary setbacks.

Understanding and meeting these sponsorship obligations are essential to a successful application.

Visa Application Processing Timelines

When applying for a Partner Visa, patience is key, as the process can take a while.

Processing Timelines

Processing times for Partner Visa applications can vary based on several factors, including whether you apply onshore (Subclass 820/801) or offshore (Subclass 309/100).

Subclass 820 (Onshore)

1. 50% of applications processed in 15 months
2. 90% of applications processed in 19 months

Subclass 801 (Permanent Onshore)

1. 50% of applications processed in 9 months
2. 90% of applications processed in 18 months

Subclass 309 (Offshore)

1. 50% of applications processed in 14 months
2. 90% of applications processed in 24 months

Subclass 100 (Permanent Offshore)

1. 50% of applications processed in 9 months
2. 90% of applications processed in 19 months

To get the most accurate and up-to-date information on processing times, it’s best to check the Global Visa Processing Time Tool. 

Once you’ve submitted your Partner Visa application, you can monitor its status through ImmiAccount, the Department of Home Affairs’ official online platform. ImmiAccount provides real-time updates, and you’ll be notified if further information or documents are required. 

Please Note: Regularly checking for updates and promptly responding to any requests can help avoid delays.

Shifting from a Temporary Partner Visa to a Permanent Partner Visa

When your Partner Visa is granted, it usually starts as a temporary visa (Subclass 820 if you applied onshore, Subclass 309 if offshore). This temporary visa lets you live in Australia while you wait for your permanent Partner Visa (Subclass 801 onshore, Subclass 100 offshore). 

After holding the temporary visa for two years and meeting all requirements, you can receive the permanent Partner Visa, allowing you to stay in Australia indefinitely.

Final Thoughts

Transitioning from a Tourist Visa to a Partner Visa in Australia is an exciting yet significant step that requires careful planning, complete documentation, and adherence to eligibility criteria. Even a small mistake can lead to delays or unexpected complications, which is why it’s essential to get every detail right from the beginning.

Consulting with migration specialists like Knowbal can simplify this process for you, ensuring every part of your application is strong, accurate, and prepared for approval.

Ready to take the next step in your Australian journey? Reach out to Knowbal and make your transition as smooth as possible.

Frequently Asked Questions (FAQs)

1. How long do you have to be together to apply for a Partner Visa in Australia?

To apply for a Partner Visa in Australia, you and your partner must be in a genuine and ongoing relationship. If you’re in a de facto relationship, you need to have lived together for at least 12 months before applying. However, exceptions exist, such as registering your relationship in certain Australian states or territories, which can waive the 12-month requirement. Married couples are generally exempt from the 12-month cohabitation rule.

2. What is a Prospective Marriage Visa?

The Prospective Marriage Visa (Subclass 300) allows individuals to enter Australia to marry their Australian citizen, permanent resident, or eligible New Zealand citizen fiancé(e). This visa is valid for nine months, during which you must marry your partner and can then apply for a Partner Visa to remain in Australia permanently.

3.What is the Partner Visa Checklist?

A Partner Visa checklist typically includes proof of relationship, identity documents, police checks, health assessments, and Form 888 declarations from people who support your relationship.

4. What is the success rate of Partner Visas in Australia?

Success rates for Partner Visa applications can vary. Some migration agencies report high success rates, often citing thorough preparation and accurate documentation as key factors. However, it’s important to note that overall approval rates can fluctuate due to policy changes and the quality of applications submitted.

5. Am I eligible to apply for a Partner Visa if my Tourist Visa has the “No Further Stay” condition?

If your Tourist Visa includes a “No Further Stay” condition (Condition 8503), you cannot apply for most other visas while in Australia. However, you can request a waiver of this condition under certain circumstances. It’s advisable to consult with a migration specialist to assess your options and the likelihood of a successful waiver.

6. How much money do you need for a Partner Visa in Australia?

As of 2024, the application fee for a Partner Visa (subclass 820 & Subclass 801) is approximately AUD 9,365. Additional costs may include health assessments, police checks, and document translations. It’s important to budget for these expenses and ensure all financial requirements are met before applying.

Have more questions? Contact Knowbal!