Embarking on a journey to Australia with your partner is thrilling, but the visa application process can often dampen that excitement with its complexity and demands. The Australian partner visa procedure requires meticulous preparation, from gathering comprehensive evidence to meeting stringent eligibility criteria. Understanding these technicalities is crucial to avoid unnecessary stress and ensure a smooth application process. The following guide offers key insights to help you navigate each step of the partner visa application with confidence.

Eligibility Criteria

The Australian Partner Visa allows individuals to be sponsored by their Australian spouse or de facto partner, who must be a permanent resident, Australian citizen, or New Zealand citizen. However, this visa is only granted if the following eligibility criteria are met:

✔ Genuine Relationship: The relationship with your Australian partner must be authentic and long-standing.

✔ Mutual Commitment: Both partners must show exclusive mutual commitment.

✔ Cohabitation: You and your partner must live together on a permanent basis.

✔ Relationship Duration: You must have been in a relationship with your partner for at least 12 months.

✔ Character and Health: You need to meet the necessary character and health standards.

✔ Minimum Age: Applicants must be 18 years or older at the time of application.

✔ Family Relations: The applicant and sponsor must not be related by family.

✔ No Debt to Government: Any debt owed to the Australian government by the applicant or their family must be settled or arrangements must be made to repay it.

✔ Best Interest of Minors: For applicants under 18, the visa application must be in their best interest.

Partner Visa (Temporary)

The Partner Visa (Temporary) allows the spouse or de facto partner of an Australian permanent resident, citizen, or eligible New Zealand citizen to live temporarily in Australia. This visa is the initial step towards obtaining the permanent Partner Visa (subclass 801). The visa remains temporary until the subclass 801 application is finalized or withdrawn. Applicants must be in Australia when applying for this visa.

This visa allows the applicant to:

✔ Work, live, and study in Australia while the permanent Partner Visa is processed.
✔ Travel to and from Australia as many times as desired.
✔ Attend free English language classes through the Adult Migrant English Program (if eligible).
✔ Access Australia’s public healthcare scheme by applying for Medicare (if eligible).

Processing Time

The processing time for this visa depends on various factors. Generally, the following timelines apply:

✔ 25% of applications are processed in 6 months.
✔ 50% of applications are processed in 9 months.
✔ 75% of applications are processed in 18 months.
✔ 90% of applications are processed in 37 months.

Complex cases may take longer, and applicants cannot influence these timeframes. Processing may be delayed if:

✔ The application is incomplete or incorrectly filled out.
✔ Required documents are missing, or additional information is needed.
✔ The information provided requires extended verification.

Including Family Members

Family members can be included in the application at the time of submission. Dependent children can be added after the application but before the temporary visa is granted. All included family members must meet the character and health requirements and must be in Australia.

Prospective Marriage Visa Holders

Applicants who hold or have previously held a Prospective Marriage Visa (subclass 300) can include family members at any time before the visa application, but not after submission.

Cost

The application cost varies depending on circumstances and the type of visa held by the applicant. The following costs apply to the permanent Partner Visa (subclass 801) and the temporary visa:

✔ AUD 8,085 for the main applicant.
✔ AUD 1,350 for Prospective Marriage Visa (subclass 300) holders.
✔ AUD 1,710 for applicants who held a Prospective Marriage Visa but did not apply for subclass 801 and 820 visas before the visa expiry.

Additional costs may include fees for health checks, biometrics, and police certificates.

Eligibility

Apart from the above-discussed eligibility requirements, the below-mentioned will be applicable.

Adequate Health Insurance

Depending on circumstances, applicants may be eligible for Medicare, Australia’s public healthcare system. If not eligible, obtaining health insurance is recommended to cover unforeseen medical expenses, as applicants will be personally liable for these costs without insurance.

Cancelled/Refused Application

Applicants may not be eligible for this visa if they have had a visa cancelled or refused while in Australia.

Holding Certain Regional Visas

Applicants holding certain regional visas, such as:

✔ Skilled Independent Regional (Provisional) (Class UX) visa
✔ Subclass 487 (Skilled-Regional Sponsored) Visa
✔ Skilled Regional Sponsored (Provisional) (Class SP) visa
✔ Subclass 475 (Skilled-Regional Sponsored) Visa

must hold the visa for at least two years before applying.

If the last substantive visa was:

✔ Subclass 491 (Skilled Work Regional (Provisional)) visa
✔ Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa

the applicant must hold the visa for at least three years before applying.

Sponsor

Applicants must have an approved sponsor, usually their partner, when applying for the visa. The sponsor must remain the same throughout the application process and for two years after the temporary Partner Visa (subclass 820) is granted.

Application Process

Step 1:
If help is needed, appoint a registered migration agent, exempt person, or legal practitioner to receive correspondence on your behalf. Submit Form 956A to allow them to discuss the application with authorities.

Step 2:
Gather and prepare the required documents, including police checks and health exams. Providing complete and timely information can expedite processing. New checks may be required if 18 months have passed since the health exam or 15 months since the National Police Certificate was issued by the Australian Federal Police.

Identity Documents:
Applicants must provide a birth certificate showing both parents’ names. If unavailable, alternative documents include:

✔ Family book listing both parents
✔ Government-issued identification document
✔ Court-issued identity document
✔ Copy of family census register

Additional required documents:

✔ Current passport pages showing photo, expiry, issue date, and personal details
✔ National ID card (if any)
✔ Proof of name change (if applicable), such as marriage or divorce certificates

Relationship History/Documents:
Provide written details on:

✔ How the relationship evolved
✔ Significant events in the relationship
✔ Time spent apart and together
✔ When you moved in together and decided to marry or get engaged
✔ How, where, and when you met

Include a marriage certificate or other evidence of the marriage’s validity in Australia.

Step 3:
Submit your visa application online from within Australia:

✔ Create or log in to your ImmiAccount.
✔ Select “New Application,” then “Family,” and choose “Stage 1- Partner or Prospective Marriage Visa.”
✔ Complete the application and pay the visa application charge.
✔ Submit the application and provide the transaction reference number to your sponsor.
✔ Attach supporting documents and keep a copy of the completed application.

Step 4:
After submission, authorities will acknowledge receipt of your application and may request health exams. If your current visa allows, you may travel outside Australia, but you must be in Australia when the temporary visa application is decided.

Notify the visa authorities of any changes, including:

✔ Address, contact details, or passport
✔ Marital or de facto status
✔ Birth of a child
✔ Other relevant changes
✔ Request to withdraw the application

If the relationship ends or your partner dies, you may still be eligible for a visa, provided you remain lawfully in Australia.

Step 5:
Stay in Australia when the temporary visa decision is made. If granted, you’ll receive the visa grant number, conditions (if any), and the visa start date. If refused, you’ll be informed of the reason and whether you can seek a review.

With this visa, you can stay in Australia until your permanent Partner Visa (subclass 801) application is finalized.

The Permanent Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live permanently in Australia. This visa is typically granted to individuals who already hold the Temporary Partner Visa (subclass 820). The payment for this visa is covered by the combined application fee for both the Temporary and Permanent Partner Visas.

Key Benefits:

✔ Work, live, and study in Australia.
✔ Sponsor eligible family members to come and stay in Australia.
✔ Apply for Australian citizenship if eligible.
✔ Have access to Australia’s public healthcare system.

Eligibility Requirements:

✔ Must hold the Temporary Partner Visa (subclass 820) or the Dependent Child Visa (subclass 445).
✔ Must have been in a genuine and ongoing relationship with your sponsor.
✔ Typically, two years must have passed since you applied for the combined Temporary and Permanent Partner Visa to be assessed for the permanent visa.

Processing Time:

✔ 25% of applications are processed within 6 months.
✔ 50% within 11 months.
✔ 75% within 16 months.
✔ 90% within 25 months.

Processing time starts from the eligibility date, which is two years after applying for the combined visa.

Travel Provisions:

✔ You may travel to and from Australia as many times as you wish within five years of the visa grant. After the initial five-year travel facility expires, you must apply for and be granted a Resident Return visa to re-enter Australia as a permanent resident.

Relationship Requirements:

✔ You must continue your relationship with the spouse or de facto partner who sponsored you for the Temporary Partner Visa.
✔ You may still be eligible for the Permanent Visa if the relationship ends or if your partner dies before the visa is granted.

Application Process:

Step 1:
If your Permanent Partner Visa (subclass 801) is granted immediately after your Temporary Partner Visa (subclass 820), no further action is needed. If additional information is required, the department will notify you.

Step 2:
The processing of your Permanent Partner Visa begins two years after your combined visa application. You can submit the required documents one month before the two-year mark. Necessary documents include:
✔ A copy of the personal details page of your current passport, including your signature.
✔ Character documents (as previously requested for the Temporary Partner Visa).
✔ Evidence of your relationship, including financial, household, social, and commitment aspects, as well as information about dependent children.
✔ Updated passport copies and other relevant documents for any dependent children holding subclass 820 or 445 visas.
✔ Any documents related to changes that have occurred (e.g., updated passport, change of address).

Steps 3, 4, and 5:
These steps are identical to those outlined in the Temporary Partner Visa section.

Note: For citizenship purposes, your permanent residency status begins on the date the visa is granted if you are in Australia, or on the date you enter Australia on the visa if you were outside the country when the visa was granted.

Partner (Provisional) Visa – Subclass 309

This is a temporary visa that can be converted to permanent residency with a Subclass 100 visa. It can be granted after 1 year of application. Travel on this visa remains similar to onshore applications.

Once granted, it allows permanent stay. The applicant must hold either a temporary partner (provisional) visa (Subclass 309) or a dependent child visa (Subclass 445). In most cases, the applicant needs to be in a genuine and ongoing relationship with their partner.

Important Information & Eligibility Requirements:

✔ Family members can be included when applying for Subclass 309 but cannot be added after a Subclass 100 permanent partner visa is granted.
✔ Dependent child visa (Subclass 445) holders can be included as dependent children who do not hold a Subclass 309 visa, but this must be done before the visa is granted.
✔ Eligibility requirements are similar to onshore applications regarding relationship requirements, no debt to the government, and the child’s best interest.

Cost & Processing:

The payment for the visa is made when applying for both the temporary and permanent partner visas together. Processing time depends on various factors. Generally, the following timelines apply:

✔ 25% of applications are processed in 5 months.
✔ 50% in 12 months.
✔ 75% in 17 months.
✔ 90% in 31 months.

The processing time for the permanent partner visa starts from the eligibility date, which is generally two years after applying for a combined temporary and permanent partner visa. The conditions are similar to those for the onshore partner visa.

Application Process:

Step 1:
If Subclass 100 is granted immediately after Subclass 309, no additional documents are required. The process remains similar to onshore applications.

Step 2:
Processing of the permanent visa application begins two years after applying for the combined temporary and permanent partner visa. Documents can be submitted one month before the two-year mark. Required documents include:

✔ A copy of the personal details page of your recent passport.
✔ Character documents, including a police certificate issued by the Australian Federal Police if required.
✔ Relationship evidence, such as a marriage certificate or proof of a de facto relationship.
✔ Finance documents like joint leases, mortgage documents, or joint bank accounts.
✔ Social documents or witness statements proving the ongoing relationship. Government documents are also accepted.
✔ Documents for dependent children and any changes in marital or de facto relationship status, along with updated passport or address change documents.
✔ Attach the Statutory Declaration – Partner Visa (sponsor) through ImmiAccount.

Step 3:
Follow these steps to apply:

✔ Login to ImmiAccount and select New Application.
✔ Choose Family.
✔ Select Stage 2 – Permanent Partner Visa Assessment.
✔ Complete the application and attach all supporting documents.

Step 4:
Confirm documents through ImmiAccount. Status updates will be provided by the authorities. Ensure all required documents are attached as requested. Family members can be added before the visa decision is made. The process remains similar to the onshore visa.

Step 5:
You can be either in Australia or outside when the decision for a Permanent Partner Visa is made. If granted, you’ll receive information about the visa grant number, conditions, and the visa start date. If refused, reasons for the refusal will be provided.

Permanent residency begins on:

✔ The date the visa is granted if you are in Australia.
✔ The day you enter Australia on the visa if you were outside Australia when the visa was granted.

This visa allows the spouse or de facto partner of an Australian citizen or an eligible New Zealand citizen to become a permanent resident of Australia. It is typically granted to those already holding a temporary partner visa (Subclass 309).

✔ This visa allows the applicant to stay permanently in Australia.
✔ To be eligible, the applicant must hold either a partner (provisional) visa (Subclass 309) or a dependent child visa (Subclass 445).
✔ Two years must have passed since applying for a combined Subclass 309 and Subclass 100 visa.
✔ Any changes or updates should be reported using Form 929 – Change of Address and/or Passport Details.

Cost & Processing Time

The cost for this visa is covered when applying for both the temporary and permanent partner visas together. The processing time generally follows these timelines:

✔ 25% of applications are processed in 5 months.
✔ 50% are processed in 12 months.
✔ 75% are processed in 17 months.
✔ 90% are processed in 31 months.

Application Process

From Step 1 to Step 5, the process remains the same as for the Partner (Provisional) Visa – Subclass 309. Refer to that section for detailed information.

If you find it challenging to navigate the application process on your own, seeking expert advice can be beneficial. Hiring professionals can help avoid unnecessary delays and ensure that all requirements are met. The choice is yours to make.