Types of Partner Visa in Australia

Why Partner Visas Matter
Australia offers a range of partner visas, providing pathways for couples, regardless of whether they are married or in de facto relationships. Each visa type opens opportunities for partners to live, work, and build a life together in Australia. But choosing the right visa isn’t just about filing paperwork—it’s about understanding the nuances and regulations. Let's dive deep into these options to help you choose the one that aligns with your situation. What’s critical here? Understanding which category applies to your relationship and eligibility.

1. The Main Types of Partner Visas

Australia primarily offers two partner visas:

a. Subclass 820/801 (Onshore Partner Visa)

This visa is for applicants who are already in Australia at the time of application. It consists of two stages:

• Temporary Visa (Subclass 820): The first step allows the applicant to stay in Australia while the permanent visa is being processed.
• Permanent Visa (Subclass 801): Once the temporary visa is granted and certain conditions are met, applicants can proceed to apply for permanent residency.
  Both stages require applicants to be in a genuine relationship and provide evidence of shared life, including finances, social proof, and emotional commitment.

b. Subclass 309/100 (Offshore Partner Visa)

Similar to the 820/801 visa, but the key difference is that the applicant must be outside of Australia when applying for the Subclass 309 visa.

• Temporary Visa (Subclass 309): Allows the applicant to enter and stay in Australia while their permanent residency application is being processed.
• Permanent Visa (Subclass 100): Granted after two years, if the relationship is still ongoing and genuine.

c. Prospective Marriage Visa (Subclass 300)

This visa is for individuals planning to marry their Australian partner. The visa grants entry to Australia and allows the applicant to marry their partner within nine months of arrival. After marriage, applicants are eligible to apply for an onshore partner visa (Subclass 820/801).

2. Eligibility Criteria for Partner Visas

Eligibility criteria are strict, with the Department of Home Affairs assessing factors like:

• Relationship Proof: You must demonstrate a genuine and ongoing relationship. This is assessed through joint finances, shared living arrangements, social acknowledgment, and evidence of commitment.
• Health and Character Requirements: Medical checks and police clearance are mandatory.
• Sponsor Eligibility: The Australian partner must also meet specific criteria to sponsor their partner, such as being an Australian citizen, permanent resident, or eligible New Zealand citizen.

3. Costs and Processing Times

Costs can range from AUD 8,000 to 10,000 depending on the visa type and whether it's lodged onshore or offshore. Processing times vary:

• Subclass 820/801: 12-24 months
• Subclass 309/100: 15-28 months
• Subclass 300: 12-20 months

The fees are significant, and processing times can be long, so planning ahead is essential. Is the financial commitment worth it? Absolutely, if your end goal is to build a life together in Australia.

4. Challenges and Common Pitfalls

Applying for a partner visa can be complex, and many couples fall into common traps:

• Insufficient Evidence: Many applications are delayed or rejected due to lack of evidence proving the relationship’s genuineness.
• Misunderstanding of Visa Requirements: Applicants often misunderstand the requirements for de facto relationships, which require at least 12 months of cohabitation unless exempted.
• Long Wait Times: While waiting, applicants must ensure their relationship stays strong, as any signs of separation or a breakdown can jeopardize the visa.

5. Legal and Financial Advice

For those unsure about their eligibility or facing complex situations, seeking legal advice is a good move. Migration agents and lawyers can provide assistance with evidence gathering, document preparation, and application submissions. Additionally, financial planning is crucial to ensure the costs of the application and potential delays do not strain the relationship.

6. Future Pathways and Citizenship

Once a permanent partner visa is granted, partners can live and work freely in Australia. After a few years, they may be eligible to apply for citizenship, unlocking additional rights and responsibilities.

In summary, partner visas are not just legal requirements—they are gateways to a shared future in Australia. Whether you’re considering the onshore or offshore route, understanding your options and preparing thoroughly is key. With the right approach, you and your partner can navigate the complex process smoothly and begin your journey towards a permanent life together.