With Valentine’s Day fast approaching, now is a great time to delve into Australian partner visas. Here, you’ll find a comprehensive overview of the visa options available to you and your partner, eligibility requirements, as well as expert advice that just may help you boost your chances of success. 

Types of partner visas

Australian partner visas are for married, defacto or engaged couples. One partner must be an Australian citizen, permanent resident or eligible New Zealand citizen. These visas fall into two categories:

1. Onshore (for those in Australia)
2. Offshore (for those outside Australia)

Let’s look at each one in more detail.

Onshore

There are two onshore partner visas available:

1. Partner visa (temporary) subclass 820
2. Partner visa (permanent) subclass 801

The vast majority of applicants for these partner visas are already in Australia.

The process to getting a partner visa has two stages: provisional and permanent. You must first apply for the temporary visa and then you may need to wait for two years (from the date of lodgement) to submit for the permanent one. The process looks like this:

1. You apply for the partner visa (temporary) subclass 820, paying one fee
2. After applying, you transition to a bridging visa
3. If your application is successful, you’re granted the partner visa (temporary) subclass 820
4. You must then wait for two years from lodgement of the 820 to apply for the partner visa (permanent) subclass 801
5. If successful, you’re granted this permanent visa and can stay in Australia indefinitely

During this two-stage provisional and permanent visa process, you can live, work and study in Australia, as well as apply for access to Medicare. You can also travel to and from Australia as many times as you want. 

You can include dependent children in your visa application when you lodge your application or after, but it must be before the government decides on your temporary visa. Family members are subject to the same health and character requirements you are (see eligibility section below).

Note: Some cases may have both the 820 and 801 granted together if they meet certain criteria, and the case officer must be satisfied that these exceptions are met. This may include instances where the relationship is long standing with evidence to support over 2 years, or there are children from the relationship.

Offshore

In this category, here are three visas:

1. Partner visa (Provisional) subclass 309
2. Partner visa (Migrant) subclass 100
3. Prospective Marriage subclass 300

Partner visa subclass 309 and subclass 100

The vast majority of applicants for these visas live outside of Australia. The process to getting a partner visa has two stages – provisional and permanent. It looks like this:

1. You apply for both the temporary (309) and permanent (100) visas together, paying one fee
2. If your application is successful, you’re granted the partner visa (provisional) subclass 309 and can travel to Australia to live, work and study here, as well as apply for Medicare
3. You must then wait two years from lodgement of the 309 to apply for the partner visa (migrant) subclass 100
4. If successful, you can stay in Australia indefinitely

Note: you can include dependent children in your visa application when you lodge the application or after, but it must be before the government decides on your temporary visa. Family members are subject to the same health and character requirements you are (see eligibility section below).

Prospective Marriage subclass 300

This visa is often referred to as the ‘fiancé visa’, as it allows couples who are not yet married to live together in Australia as they plan their wedding. One partner must be an Australian citizen, permanent resident or eligible New Zealand citizen already living in Australia.

The process is:

1. You submit your prospective marriage subclass 300 visa application
2. If successful, your fiancé travels to Australia to live
3. You must get married within 15 months of their arrival or before your 309 visa expires.
4. After marrying, you can apply for the combined onshore Partner visa (temporary) subclass 820 and onshore Partner visa (permanent) subclass 801. The case officer will determine if the 801 can be granted at the same time as the 820. Otherwise, you apply for the 801 two years after lodgement of your 820 visa.

Note: you can include dependent children in your visa application when you lodge it or after, but it must be before the government decides on your temporary visa. Family members are subject to the same health and character requirements you are (see eligibility section below).

Partner visa eligibility requirements

There are a number of eligibility requirements for partner visas. They include:

1. Applying for a temporary partner visa first 
2. One partner (spouse, defacto or fiancé) must be an Australian citizen, permanent resident or eligible New Zealand citizen who will sponsor you
3. Meeting the character and health requirements
4. You’ve been married or in a defacto relationships for at least one year. Though, there might be exemptions if the relationship is less than a year.
5. You can prove your relationship is genuine (see ‘What do I need to apply’ section below) 
6. You’re inside Australia when applying for subclass 820, or outside Australia when applying for subclass 309 or 300
7. For subclass 300, you met your prospective spouse face to face since turning 18, and are known to each other personally at the time you apply for this visa

What do you need to apply?

When you apply for a partner visa, you’ll need to provide identity documents, such as your passport or birth certificate, along with evidence you meet the health and character requirements. But the most important documentation you’ll submit centres on proving you’re in a committed relationship, whether you’re married, defacto or engaged.

This is the area where many partner visas are rejected as applicants fail to provide the right evidence of their relationship. It’s not surprising as it’s quite tricky to get right. The government wants to see a detailed history that shows how your relationship developed and grew into a genuine and continuing commitment. For visa subclass 820, 801, 309 and 100, this includes, but is not limited to:

• Your relationship

Written details about how you met, where you lived together, any time spent apart, future plans and so on. It should also include social proof, such as photos, social media posts and messages, and witness statements from Australian friends or family vouching for your relationship.

• Financial and proof of living arrangements

This might include evidence of joint bank accounts, shared assets, joint bills, mortgage documents, and proof of shared household responsibilities. 

• Demonstrating commitment

Here, the government wants to see communications that show you want a future together. Examples include communications, such as emails or texts, particularly when apart from each other, as well as any wills, joint insurance or plans for children or purchasing property. 

For those applying for the Prospective Marriage subclass 300 visa, you’ll need to provide relationship evidence that includes:

• Statements by you and your partner that details your relationship – where and how it began, when you got engaged, your future plans and so on

• Statements from adults who know you and your partner and the details about your relationship

• Proof that you and your prospective spouse have met face-to-face as adults and know each other personally

• Documentation to show that you intend to marry within the visa period, e.g. notice of intention to marry, receipts for wedding bookings

• Proof that you and your prospective spouse intend to live as spouses, such as plans for where you and how you will live in Australia, personal messages etc. 

Increasing your chances of partner visa application approval 

It’s clear the success of your partner visa application rides on the relationship documentation you provide. However, it can be quite stressful in not only gathering it, but ensuring it accurately captures the right details about your relationship. 

Here at Migration Ways, our experts have helped many people – married, defacto and engaged – start a new life in Australia as a couple. In this time, we’ve uncovered one key truth for success – focusing on the quality of relationship evidence you provide, not quantity. 

If you’d like expert help in creating and collating these documents, or simply would like an extra set of eyes to check you’re on the right track with your partner visa application, please contact our specialists. They’d love to lend our assistance in accurately telling the story of your relationship to boost your chances of visa approval.