What Is an Australian Partner Visa?

Who is the Australian partner visa for?

The Australian partner visa is for a person who is married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The Australian partner acts as the sponsor. Same-sex and opposite-sex couples are assessed under the same rules, and our page on the LGBTI partner visa explains the issues same-sex couples most often face. Our complete guide to the Australian partner visa covers every subclass in detail.

What is the difference between the onshore and offshore partner visa?

The difference between the onshore and offshore partner visa is where the applicant is. The onshore Subclass 820 and 801 is for applicants who are in Australia when they apply, and the offshore Subclass 309 and 100 is for applicants who are outside Australia. The relationship requirements are the same for both, but onshore applicants face extra rules about their current visa. Our guides to the onshore partner visa and the offshore partner visa explain each path.

How do the two stages of an Australian partner visa work?

The two stages of an Australian partner visa are assessed separately within one application. The Department first decides the temporary visa, then generally assesses the permanent visa once two years have passed since lodgement, checking that the relationship is continuing. Where the relationship is long-term at lodgement, both stages can be granted without the usual wait. Our article on the partner visa two-stage process explains what happens between the two decisions.

What is the partner visa route for engaged couples?

The partner visa route for engaged couples is the Subclass 300 Prospective Marriage visa, which lets the applicant travel to Australia to marry the sponsor within the visa period. After the wedding, the applicant applies for the Subclass 820 and 801 in Australia. Engaged couples who would rather marry first can instead marry overseas and apply for the offshore Subclass 309 and 100 as a married couple. The right choice depends on where the couple wants to marry, how long the applicant can stay outside Australia and whether a valid marriage overseas is practical.

What decides whether an Australian partner visa is granted?

Whether an Australian partner visa is granted depends mainly on whether the Department is satisfied that the relationship is genuine and continuing, judged on the evidence lodged. The applicant must also meet health, character and integrity requirements, and the sponsor must be eligible to sponsor. Refusals most often come from weak or inconsistent evidence rather than from the relationship itself, which is why preparation matters as much as eligibility. Our article on why partner visas get refused sets out the patterns case officers see most often.

How can My Migration Lawyers help you start a partner visa?

My Migration Lawyers begins every partner visa with the question of which subclass is safest for the couple, because choosing the wrong path is one of the few mistakes that cannot be fixed after lodgement. The firm then prepares the application, the sponsor's documents and the relationship evidence, and stays with the matter through to the permanent stage. Couples can speak with our partner visa lawyers about where to begin.