What Is the Difference Between a Fiancé Visa and a Partner Visa?
Key points
- The Subclass 300 fiancé visa is a temporary visa for an engaged couple, and the couple must marry within the visa period.
- Partner visas are for married or de facto couples and are granted in two stages: Subclass 820/801 in Australia and Subclass 309/100 outside Australia.
- De facto couples must generally have been in the relationship for 12 months before applying for a partner visa (regulation 2.03A).
- The Subclass 300 applicant must be outside Australia at lodgement and at grant, while the Subclass 820 applicant must be in Australia at lodgement and at grant.
Which relationships qualify for a fiancé visa and which for a partner visa?
A fiancé visa is for couples who are engaged but not yet married, while a partner visa is for couples who are married or in a de facto relationship. A couple who have been in a de facto relationship for 12 months, or who have registered their relationship, may not need a fiancé visa at all. Our article on the de facto partner visa explains when a de facto couple can apply, and our article on partner visa eligibility covers the general rules.
How do the stages of a fiancé visa and a partner visa differ?
The stages of a fiancé visa and a partner visa differ because the fiancé visa adds an extra step at the start. A fiancé visa holder first receives the temporary Subclass 300, marries within the visa period, and then applies for the Subclass 820 and 801 in Australia. A couple who are already married or de facto apply directly for the two-stage partner visa, which our article on Subclass 820 and Subclass 801 explains.
Where must the applicant be for a fiancé visa or a partner visa?
The applicant for a fiancé visa must be outside Australia when the Subclass 300 application is lodged and when the visa is granted. For partner visas, the Subclass 820 applicant must be in Australia at lodgement and at grant, and the Subclass 309 is generally granted while the applicant is outside Australia. Our page on the Subclass 309 visa explains the offshore partner visa for married couples.
Is a fiancé visa a shortcut to a partner visa?
A fiancé visa is not a shortcut to a partner visa, because the relationship is assessed when the Subclass 300 is decided and assessed again when the later Subclass 820 and 801 are decided. The fiancé visa suits couples who want to marry in Australia and need the applicant here for the wedding. Couples who are happy to marry in the applicant's home country often apply for the Subclass 309/100 instead, as our guide to choosing the right partner visa pathway explains.
Do the sponsor rules differ between a fiancé visa and a partner visa?
The sponsor rules are broadly the same for a fiancé visa and a partner visa. The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and the sponsorship limits in regulation 1.20J apply to both. Our page on partner visa sponsorship limitations explains when a sponsor is prevented from sponsoring.
How does My Migration Lawyers help couples choose between a fiancé visa and a partner visa?
My Migration Lawyers helps couples choose between a fiancé visa and a partner visa by looking at where each partner lives, the current relationship status, the wedding plans and the applicant's visa history, then recommending the pathway with the fewest risks. The firm explains the trade-offs in plain terms before any application is lodged. Couples can read our Subclass 300 visa page or speak with our partner visa lawyers about their options.
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Weiwei Zhang