Partner Visas
Applying for a Partner Visa to live in Australia as a permanent resident can be both an exciting and complex process. Seeking the advice and assistance of experienced immigration professionals can help make the process easier and reduce the risks.
Partner Visas allow permanent migration for applicants in a relationship with an Australian citizen or permanent resident.
There are three groups of Partner Visas. Selecting the most suitable option can depend on several factors, including the relationship type, how long since the relationship started, and the applicant’s location.
All visa options involve at least two stages, with successful applicants first being granted a temporary visa, and then a permanent visa when the requirements are met.
The three options are:
1. Partner (Provisional & Migrant) Visa (Subclass 309 to 100)
For the de factor partner or spouse of the Australian or eligible New Zealand citizen, or Australian permanent resident, when applying from outside Australia.
2. Partner Visa (Subclass 820 to 801)
For the de factor partner or spouse of the Australian or eligible New Zealand citizen, or Australian permanent resident when applying from inside Australia.
3. Prospective Marriage Visa (Subclass 300)
A temporary visa which allows you to come to Australia to marry your sponsor (fiancée).
When you are living in Australia as a temporary resident on one of these visas (Subclass 309, 820, or 300), you can:
- Live, work and study in Australia.
- Apply for access to Medicare.
- Study in Australia - course fees may apply. However, there will generally be no restrictions on how much or how long you can study.
- Work with no visa restrictions on the type of work you can do, or for how long.
- Travel to and from Australia with no restrictions**.
- Attend free English language classes.
Your time as a holder of a temporary residency visa can also count towards eligibility for Australian citizenship.
Each visa type has a specific eligibility criteria.
In general, the applicant and sponsor must, at minimum be able to provide evidence that they are:
- Committed to a shared life together to the exclusion of all others.
- In a relationship that is genuine and continuing.
- Living with their spouse, or do not live apart on a permanent basis.
- Have a valid marriage under Australian law (for married applicants), or NOT be married to each other (for de facto applicants and Prospective Spouse).
All applicants must also meet the Department’s health and character requirements. An applicant’s migration history will also be considered during the visa application process. Sponsors are also required to meet the Department’s character requirements.
Most applications can be lodged online.
At Hicksons, we manage this process for our clients, including advice and guidance on the evidence required to prove that the visa applicant meets the eligibility criteria.
**for 5 years then a Resident Return Visa is required
FAQs
1. What should I consider before applying for this visa?
Securing a Partner Visa is often a time consuming and lengthy process. Submitting a well prepared application is important. Poor quality applications, or situations where an applicant has misunderstood or misinterpreted a question, can make the process longer or even lead to a visa refusal, even in situations where an applicant may otherwise have a strong case for permanent residency
2. What evidence should be provided?
When preparing your Partner Visa application, responses to the following will need to be considered
- Details of the financial aspects of your relationship.
- Your living arrangements and the nature of your household.
- The social aspects of the relationship, including how your friends and family view you as a couple.
- An explanation and evidence of your mutual commitment to each other.
You will need to provide evidence to support these responses, including statements from people who can attest to the genuineness of your relationship.
We recommend that all visa applicants carefully assess the Department’s requirements against their current circumstances. It important to lodge a strong, ‘decision ready’ application to minimise possible processing times and to give your application the best chance of success.
3. How much does a partner visa application cost?
The Department’s Visa Application Charge (VAC) for Partner visas starts from $8,850.00.
The VAC is generally not refunded if the application is unsuccessful, so a refusal can be costly. Unfortunately, any negative decision can also impact future visa applications and may restrict an applicant’s ability to travel to or remain in Australia with their partner or spouse.
4. What happens if the relationship breaks down?
If your relationship ends while you hold the temporary partner visa, you may still be eligible to receive the permanent partner visa if the following circumstances apply:
- You are experiencing domestic and family violence;
- You have a child with your partner; or
- Your partner dies.
If these situations do not apply to you, you would not be eligible for the permanent Partner Visa and could either leave Australia or apply for another visa.
Contact Us
If you would like to find out more about how Hicksons can assist you, please contact us below.
If you would like a more detailed break-down of visa options, please view the Partner Visa Brochure.
Najeh Marhaba
Partner in Charge - Newcastle
T: +61 2 4907 5609
E: [email protected] |
Admitted into practice in NSW in 2006, Najeh has a particular interest assisting clients in navigating the complex area of immigration.
As an Australian immigration lawyer, he leads a team in providing strategic advice and assistance to both a corporate and individual client base, with a focus on supporting migrants in visa applications and sponsorship across a range of visas.
This includes business visas, skilled visas (short term, long term and permanent), significant investor visas, student visas, partner visas, visitor visas and bridging visas. Najeh speaks both English and Arabic. |
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Hannah Nebart
Solicitor
T: +61 2 4907 5663
E: [email protected] |
Hannah was admitted to the Supreme Court of NSW in 2024 and graduated law in 2023.
Hannah has a passion for migration law and helping people navigate borders to build their best life.
Hannah meets with clients to receive their instructions and will communicate with clients while preparing visa applications to keep you informed throughout the whole process. |