- Subclass 820 / 801 Partner Visa is for visa applicants who are married or in a de facto relationship and who are onshore (in Australia) when they lodge their application. The right to work and access to healthcare is automatic in respect of onshore applications.
- Subclass 309 / 100 Partner Visa is for visa applicants who are married or in a de facto relationship and who are offshore (outside Australia) when they lodge their application.
- Subclass 300 Prospective Marriage Visa (also known as the Fiancé visa) is for visa applicants who are engaged and they have physically met their Australian partner in person. The visa applicant must be offshore (outside Australia) when they apply for this visa.
- Subclass 461 New Zealand Family Relationship (Temporary) Visa is for the partner of an eligible New Zealand citizen.
- Same-sex relationships Australia accepts same sex relationships for Partner visa purposes (see more detail below).
All applicants for a Partner Visa must have an Australian sponsor who is an Australian citizen, permanent resident or eligible New Zealand citizen. Your sponsor must provide a written statement pledging to support you for your first 2 years in Australia, including accommodation and financial assistance to meet reasonable living needs.
Your relationship with your partner will be assessed as part of the application process. Additionally, applications are assessed against Australian health and character requirements.
Married Partners
- To apply for a Partner Visa on the basis of your marriage, you must be legally married to your partner. If you were married in a country other than Australia, your marriage will generally be recognised as valid under Australian law.In order to be eligible for a Partner Visa, on the basis of your marriage, you have to:
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- be sponsored by an eligible person
- be legally married to your partner (who is usually your sponsor)
- show that you and your partner have a mutual commitment to a shared life as husband and wife to the exclusion of all others
- show that you have a genuine and continuing relationship with your partner
- show that you and your partner are living together or, if not, that any separation is only temporary
- meet health and character requirements.
De Facto or ‘Common Law’ Spouse
If you are applying for a Partner Visa as a de facto spouse, you and your partner generally must have been in a de facto relationship for the 12 months immediately prior to lodging your application. If you have not been in a de facto relationship for 12 months prior to application you may still be able to lodge an application if you have legally registered your de facto relationship according to the relevant State / Territory requirements where you live. You must:
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- be sponsored by an eligible person
- show that you and your partner have a mutual commitment to a shared life to the exclusion of all others
- show that you have a genuine and continuing relationship with your partner
- show that you and your partner have been in a de facto relationship for the entire 12 months immediately prior to lodging your application or that you have legally registered your de facto relationship
- show that you and your partner are living together or (and if not, that any separation is only temporary)
- meet health and character requirements.
Same Sex Couples
- The Partner Visa also allows same sex partner migration to Australiaon the basis of being married or being in a de facto relationship (as above).
Prospective Marriage (Fiancé)Subclass 300 Visa
- A Prospective Marriage Visa is a temporary visa that is valid for 9 months. You must enter Australia as a fiancé and marry your sponsor within the period the visa is valid and then submit an application for a Subclass 802/801 Partner visa.
New Zealand Family Relationship (Temporary) Subclass 461 Visa
- You could be granted a 461 visa if:
- Your sponsor is a New Zealand citizen
- You and your partner are married or can prove you have lived together for over 6 months
This visa does not lead to permanent residence. The subclass 461 visa is for a temporary stay in Australia and to apply for permanent residence you will need to take a different route. The 461 visa will grant you 5 years’ temporary residence in Australia and can be renewed once this period comes to an end.