Which Australian Partner Visa Should I Apply For?

Which Australian partner visa applies to married or de facto couples?

Married and de facto couples apply for the Subclass 820 and 801 if the applicant is in Australia, and for the Subclass 309 and 100 if the applicant is outside Australia. De facto couples must generally have been in the relationship for 12 months before applying, unless the relationship is registered or an exception applies. Our guide to which partner visa pathway fits your situation compares each option side by side. Married couples and de facto couples apply for the same subclasses and meet the same core requirements, so the choice between the onshore and offshore path turns on where the applicant is and on their visa history, not on the type of relationship.

Which Australian partner visa applies to engaged couples?

Engaged couples apply for the Subclass 300 Prospective Marriage visa where the applicant is outside Australia and the couple intend to marry in Australia. After marrying within the visa period, the applicant applies for the Subclass 820 and 801 in Australia at a reduced application charge. Our page on the Subclass 300 visa explains how the firm acts for engaged couples.

When is the onshore partner visa not the right choice?

The onshore partner visa is not the right choice, or is harder to obtain, where the applicant's visa carries condition 8503 No Further Stay, where the applicant does not hold a substantive visa and must meet Schedule 3 criteria, or where an earlier refusal brings section 48 into play. In some of these cases the offshore Subclass 309 is the safer path. Our article on applying for a partner visa after a visa refusal explains how an earlier refusal affects the choice.

What about New Zealand citizens and their partners?

New Zealand citizens and their partners have a different starting point, because only an eligible New Zealand citizen can sponsor a partner visa. A New Zealand citizen who is not an eligible New Zealand citizen may instead be able to support a partner for the Subclass 461 visa. Our page on the Subclass 461 visa explains that pathway.

What happens if we choose the wrong partner visa?

Choosing the wrong partner visa can make the application invalid, for example where an offshore application is lodged while the applicant is in Australia. An invalid application gives no bridging visa and no decision, and the charge may be lost. If the applicant's current visa expires while an invalid application sits with the Department, the applicant can become unlawful without knowing it. Our article on partner visa offshore lodgement mistakes covers the errors that most often cause this.

How can My Migration Lawyers help you choose the right Australian partner visa?

My Migration Lawyers chooses the subclass after reviewing the applicant's full visa history, current visa conditions and the couple's plans for marriage and travel, because those factors decide which path is valid and which carries the least risk. The firm then prepares the application on that path, so the choice and the evidence are consistent from the start. Couples can speak with our partner visa lawyers before deciding.