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Bring your partner to Australia

If you are in a relationship with an Australian citizen, a permanent resident of Australia or an eligible New Zealand citizen, you might
qualify for an Australian Partner Visa.

There are a number of different Partner visa categories. Each has its own set criteria, based on your location and the nature of your relationship
with the resident or citizen.

 

Types of Australian Partner visas

The Australian Partner visa category is divided into various subclasses. Their classification is dependent on whether the visa is temporary or permanent as well as where the application is made.

The Department of Immigration and Border protection assesses applications under a “combined application”. This means that your application will be assessed against the criteria for both temporary and permanent Partner visas. You will be issued with the appropriate visa, depending on which criteria you meet.  

The temporary Partner visa is valid for two years, during which your relationship will be assessed to ensure that you intend to say with your partner. If your relationship passes the test, you will be granted a permanent Partner visa.

The permanent partner visa is valid for five years. This is a permanent residence visa. After holding this for four years, you are able to apply for citizenship. 

 

All Australian Partner visa applications are assessed on the following:

  • The financial aspects of the relationship, which includes how financial responsibilities are shared or pooled.
  • Nature of the household, which includes how household tasks are divided and shared.
  • Social aspects of the relationship, which includes how you are perceived as a couple in public.
  • Nature of the persons’ commitment to each other, which includes the willingness to move to another country.

If you are married to your partner, your marriage must be legally recognised under Australian law. Those in de facto relationships must be able to produce evidence of at least 12 months of cohabitation or registration in terms of a state relationship act.

Below you can find information on three routes to bringing your partner to Australia:

  • Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)
  • Prospective Marriage visa (subclass 300)
  • Partner visa (subclasses 820 and 801)

 

Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)

Any person submitting an application for a visa falling under either subclass 309 or 100 must do so outside of Australia. You may not enter the country while your application is assessed.

Usually, you will be free to travel to Australia on another visa while the application is under process. Please note: You will not be able to obtain a Bridging visa in relation to visa falling into subclass 309 or 100.

Prospective Marriage visa (subclass 300)

The purpose of this permit is to allow the unmarried partners of Australian citizens to travel to Australia to get married and is granted for nine months. As this is a temporary visa, you must be outside of Australia when you apply for the visa as well as when it is granted.

The Prospective Marriage visa has unrestricted work rights. The holder is required to marry their partner and apply for the Australian Partner visa before the visa expires.

This visa is often referred to as the fiancé visa and is used by unmarried individuals who cannot show that they have cohabited for 12 months.

Partner visa (subclasses 820 and 801)

As subclasses 820 and 801 cover permanent Partner visas, you may apply from within Australia. In order to apply, you must hold a valid Australian visa (excluding a Bridging, Criminal Justice or Enforcement visa) or be eligible for a waiver. In addition to this, these applicants must not hold a visa with condition 8503 which would prevent them from making a further application in Australia.

You may apply for this visa if you possess a Bridging visa which allows you to live and work in the UK while your Partner visa is processed.

Applications for the Partner visa can a year or more to process.

New Zealand Citizen Family Relationship (Temporary) visa (subclass 461)

This visa allows a non-New Zealand family member of a New Zealand citizen, who is living in Australia, to live and work in Australia for up to five years.

This is a five year provisional visa that will not lead to permanent residence, but can be renewed onshore as required. This visa allows the holder to:

  • Work and study in Australia
  • Live in and travel to and from Australia for five years from the date the visa is granted.

 

 

Beginning the application process

Ready to move to Australia? Our Australian Visas team is on hand to assist you.  Send us your enquiry and we’ll assess your situation. We’ll give you a free consultation with a recommendation on your best visa option and migration pathway to permanent residence in Australia and eventual Australian citizenship.

Email our Australian Visas team at migration@1stcontact.com with a summary of your relationship and intended migration date or use our free online visa assessment tool to see your options.

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