Subclass 309/100 and 820/801
Partner Visa
Eligibility
The Australian Partner Visa allows you to bridge the gap between yourself and your partner, to start your life here in Australia. Though this visa operates under the general umbrella of the name “Partner Visa”, understand that there are different subclasses that affect the process in which you obtain your permanent residency.
To qualify for this visa, please have a look at these eligibility requirements before reading on:
are you 18 years or older, or have permission from a guardian?
are you married to a current Australian citizen/permanent resident?
do you intend to marry a current Australian citizen/permanent resident?
have you been in a de facto relationship for at the minimum one year?
have you registered your relationship in Australia and/or your country of origin?
If you answered yes to one or several of those questions above, then you qualify for this visa category.
You might still be eligible for the visa if your relationship breaks down or your sponsor dies while your application is being considered
The Process
General Information
Applications for a Partner Visa can be lodged whilst you are in Australia (onshore) or when you are outside of Australia (offshore). An applicant will require a valid sponsor before they can lodge their Partner Visa.
Migration Amendment (Family Violence and Other Measures) Act 2018 was passed through Parliament and commenced on 17 April 2019. This means that your sponsor for this visa must be approved before you are able to lodge your application.
Additionally, the Department of Home Affairs can and will have regard to several factors such as:
● the financial aspects of the relationship
● the nature of the household
● the social aspects of the relationship
● the nature of the persons’ commitment to each other
De Facto Relationships
Couples are deemed to be in a De Facto relationship if they satisfy section 5B of the Migration Act 1958 as follows:
● you are not married
● you have a mutual commitment to a shared life to the exclusion of all others;
● the relationship between you and your partner is genuine and continuing; and
● you live together; or do not live separately and apart on a permanent basis; and you are not related by family.
● you have been in your relationship for at least 12 months prior to applying for the visa
● [if less than 12 months] you have registered your de facto relationship in Australia or in your home country
Two Stages
Step 1: Temporary Visa stage
If the applicant is onshore, you should apply for the subclass 820 Partner Visa. All parties have to be in Australia at the time of this application.
If the applicant is offshore, you should apply for the subclass 309 Partner Visa. The applicant and any dependents have to be outside Australia at the time of application until the time of grant.
Upon the receipt of either of the above visas, the applicant and any dependents will be allowed to lawfully stay in Australia, work, study and access Medicare benefits whilst waiting for a decision on their permanent Partner visa.
Step 2: Permanent Visa
After a period of two years from the date of your initial grant for a subclass 820 or 309, you will then be eligible to apply for a subclass 801 or 301 permanent Partner Visa. You may be asked to provide additional documentation in order for the Department of Home Affairs to assess if your relationship has been genuine and continuing.
You may be onshore or offshore when this visa is granted.
This permanent visa will allow the applicant to
● stay in Australia indefinitely;
● work and Study in Australia
● apply for Citizenship
● sponsor eligible relatives or family members for permanent residence;
● receive social security payments; and
● travel to and from Australia freely for the next five years.
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