Guide to Australia Partner Visas: Requirements, Process, and Tips

Do you want to start a life with your partner in beautiful Australia? Getting an Australia Partner Visa might seem complicated, but don’t worry – we’re here to help. We’ll explain all the visa options, go through the application steps, and give you essential advice. This article is here to guide you every step of the way.

The process of obtaining an Australian spouse visa is intricate and demands a significant investment of time and energy. You must compile supporting documentation before applying for a spouse visa and satisfy specific qualification prerequisites.

 

Introduction to Australia Partner Visa

An Australian partner visa lets your spouse or partner join you in Australia if you’re an Australian citizen or resident. It’s for couples in committed relationships.

Australia provides various partner visa choices for bringing partners together in the country. These options include the Subclass 820/801 visa for married and de facto couples, the Subclass 309/100 visa for those genuinely in a relationship with an Australian citizen, and the Prospective Marriage Visa (Subclass 300) for couples planning to marry in Australia.


Understanding the Requirements

Before you start the visa application process, it’s important to know the key criteria for a successful application:

Genuine Relationship Evidence: Your application centers on proving your true and lasting partnership. This involves gathering evidence that demonstrates your life together, like shared finances, living arrangements, travel records, photos, and communication.

Financial and Character Standards: Both you and your partner must meet set financial and character criteria for an Australia Partner Visa. Having a clean criminal record and meeting financial benchmarks are vital prerequisites.

 

How long does it take to get a Spouse Visa in Australia?

Getting a Spouse Visa in Australia takes time. The processing duration can vary. It might range from several months to over a year. The exact time depends on factors like the type of visa and how busy the processing system is. Remember that processing times can change, so it’s best to check the official Australian Department of Home Affairs for the most current information.

Prospective Marriage – Temporary – Subclass 300

The prospective marriage visa is for people who want to come to Australia to marry their spouse.  It is a temporary visa & is only valid for nine months but can transition to a permanent resident visa. You must be outside Australia when you lodge your application & also when the visa is granted.

At the time of applying for this visa you must:

  • Be aged over 18 years
  • Have met your intended spouse in person since you both turned 18 years of age & know each other personally (this includes if you have an arranged marriage, met as children or met online)
  • You both must be free to marry
  • Genuinely intend to marry your intended spouse
  • Genuinely intend to live with your intended spouse as husband & wife
  • Meet health & character requirements
  • Once you have been granted your visa, you have to ensure that you arrive in Australia before you marry your fiancé.

 


Partner – Temporary, Subclass 820 & Partner – Provisional, Subclass 309

This visa allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia. The subclass 820 is an onshore application & the subclass 309 is an offshore application & you can apply for either of these visas as a de-facto or married couple.

Married Couples

  • You must be legally married to your partner – Please note: Not all offshore marriages are recognized by the Australian government, you will need to check this prior to applying for the application or risk the application being rejected
  • Clearly show that you & your partner have a mutual commitment to a shared life as husband & wife to the exclusion of all others
  • Show that you have a genuine & continuing relationship with your partner
  • Show that you & your partner are living together on a permanent basis or, if not, that any separation is only temporary
  • Meet health & character requirements

De-facto Couples

  • You need to be able to prove that you have resided together at the same residential address for 365 consecutive days immediately prior to the application
  • Clearly show that you & your partner have a mutual commitment to a shared life as husband & wife to the exclusion of all others
  • Show that you have a genuine & continuing relationship with your partner
  • Show that you & your partner are living together on a permanent basis or, if not, that any separation is only temporary
  • Meet health & character requirements

Permanent Partner Visas – Subclasses 801 & 100

Once you have resided with your spouse in Australia for two years, it is time for you to apply for your permanent residence. Depending on whether you applied onshore or offshore you will apply for either subclass 801 or subclass 100. The Department of Immigration & Border Protection will contact you or your migration agent (if you used one for the previous application) when the time comes to apply for your visa application.

You will need to provide clear evidence that you & your partner have resided together for the last two years & still share a mutual commitment to a shared life to the exclusion of all others.

 

New Zealand Citizen Family Relationship – Subclass 461

This visa allows a non-New Zealand family member of a New Zealand citizen to live and work in Australia for up to five years as long as their New Zealand citizen spouse resides in Australia with them. You can be onshore or offshore at the time of lodging your visa application.

Other than the forms, this visa requires all the same evidence as a subclass 820 or subclass 309 visa application. You have to be able to prove:

Married: You must be legally married to your partner – Please note: Not all offshore marriages are recognized by the Australian government, you will need to check this prior to applying for the application or risk the application being rejected

De-facto: You need to be able to prove that you have resided together at the same residential address for 365 consecutive days immediately prior to the application

Clearly show that you & your partner have a mutual commitment to a shared life to the exclusion of all others

Show that you have a genuine & continuing relationship with your partner

Show that you & your partner are living together on a permanent basis or, if not, that any separation is only temporary

Meet health &character requirements

 

Why choose ACIC Melbourne Services?

At ACIC Melbourne Services we distinguish ourselves from the majority of agents who often provide an indifferent, high cost services. We have more than 36 years of experience and a high success rate & will assist you in all steps of the application process to ensure that you receive the best possible outcome.

If you have any queries or would like to get in contact with ACIC Melbourne.