ACT opens Skilled Nominated Visa (subclass 190) to offshore applicants!

July 11, 2023

Partner Visa in Australia: What You Must Know Before Applying

Australia Spouse Visa Consultants

eHelpConsultants are your go-to Australia Spouse Visa consultants, providing expert guidance and support to reunite couples and families in the land down under.

Spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen residing in Australia can travel to the country and live with their partner or spouse. Several partner visas, onshore and offshore, are offered by the Australian Department of Home Affairs. Reading this blog can provide valuable information about the options available when applying for a Spouse, Fiance, partner visa.

Tips for Lodging Successful Australian Partner Visa

The Department of Home Affairs often rejects applications due to reasons like:

Inadequate relationship documentation
Failure to meet character requirements
Submission of misleading information during interviews

Also, the inability to provide accurate information about dependent children often results in visa rejection. You must follow these essential tips to increase your chances of securing a partner visa successfully or talk to Australia Partner Visa Consultant in Brisbane.

Selecting the Appropriate Partner Visa Category

The Immigration Department provides various partner visas, each with distinct eligibility criteria. Hence, gaining complete information on these visa types is recommended before submitting your application. Doing so ensures you apply for the most suitable visa category that aligns with your circumstances.

Partner Visa Category

Prospective Marriage Visa Subclass 300

Suppose you’re engaged to an Australian permanent resident or citizen or an eligible New Zealand citizen and have plans to marry your partner. In that case, you must apply for the Prospective Marriage Visa Subclass 300. This visa allows the person to stay in the country with their partner for 9 months. The visa holder needs to get married to their partner during this tenure.

Offshore Visas: Subclass 309 and 100

The Department of Home Affairs provides two offshore visa options for partners: the Partner Visa Subclass 309 and the permanent Partner Visa 100.

- The Subclass 309 Visa is a temporary visa that allows you to stay in Australia for a maximum of 2 years. During this time, you can prepare your application for the subsequent stage, the 100 Subclass Visa.
- The 309 Visa requires you to be outside of Australia when applying. You can only enter the country once the Department grants you the visa, allowing you to begin your journey as a couple in Australia.

Onshore Visas: Subclass 820 and Subclass 801.

Like the offshore visas, the Department of Home Affairs offers two onshore partner visas: the Partner Visa Subclass 820 and the Partner Visa Subclass 801.

With the Subclass 820 visa, you can live with your partner in Australia for approximately 2 years. You must prepare your application for the 801 visa during your stay in the country. The main distinction from offshore visas is that, for onshore visas, you must be physically present in Australia both during the visa application process and when decisions are made. This means you can continue your life together in Australia while awaiting a decision on your visa application.

Prepare Your Application Accordingly

When applying for an Australian partner visa, gathering the necessary documents, including identity papers, health and character documents, dependent applicant documents, and, most importantly, relationship documents, is essential. It’s important to note that the Prospective Marriage Visa differs significantly from the onshore and offshore partner visas. While the Prospective Marriage Visa is intended for individuals planning to marry their partner in Australia, the other two visa types are for those already married. As a result, the required relationship documents will vary based on the type of visa application you are making. Ensure you provide the relevant relationship documents specific to your visa category to support your application successfully.

- Meeting Partner Visa Criteria for a Successful Application

It is essential to meet the specific criteria for a partner visa to ensure a successful application. Here are the key points to consider:

- Sponsorship and Age Requirements: Your partner must act as your sponsor for the Australian partner visa. The applicant and sponsor must be over the age of 18 years at the time of making the application. Also, the sponsorship should be valid for a minimum of 2 years.
- Onshore Application: If you are currently in Australia and wish to apply for a partner visa, the 820 Subclass Visa is appropriate. This visa is the initial step towards securing permanent residency with your spouse.
- Duration of 820 Visa: The 820 Visa grants you a 2-year stay in Australia, during which you must initiate the application process for the 801 Visa. However, it is essential to note that your current visa must be valid when initiating the other application.

The eligibility criteria for the 820 Visa align with those of offshore visas. When applying for and being granted the visa, you must be outside Australia.

When applying for the Prospective Marriage Visa (Subclass 300), it is essential to fulfil the following criteria:

Age Requirement: You must be at least 18 years old at the time of application.
Offshore Application: The visa application for Subclass 300 must be lodged offshore, and you should remain outside of Australia when the visa decision is made.
Criteria Compliance: It is crucial to meet the health, relationship, character, and other specified criteria outlined by the Australian Department of Home Affairs.
Sponsorship by Prospective Spouse: You must be sponsored by your prospective spouse, who should meet the necessary sponsorship criteria.
Settlement of Outstanding Debts: If applicable, you should have repaid any outstanding debts owed to the Australian Government.

Let Your Family and Friends Know About Your Relationship

It is crucial to gather statutory declarations from witnesses who have known you and your spouse or partner for an extended period. By obtaining letters of support from your family members or friends, you can strengthen your case and demonstrate your relationship’s ongoing and genuine nature. Additionally, including relevant documents, such as photographs of you and your partner at cultural and social events or outings, can further support your application.

Note that these documents and testimonies from your friends and family can play a major role in proving the authenticity of your relationship. Hence, including them in your application can prove beneficial.

Stay Connected with Your Partner

If you and your partner are in a long-distance relationship, you must speak to each other regularly. This demonstrates your commitment and provides evidence to support your application. You must keep records of your communication and submit the same with your application to give the case officer a clear understanding of the nature of your commitment.

By staying in regular contact with your partner and providing relevant evidence, you significantly increase your chances of a successful visa application.

Seek Guidance from a Registered Best Partner Visa Agents Australia

When applying for an Australian Partner Visa, seeking professional guidance from a registered Partner Visa / Spouse Visa agent is highly recommended. At E-Help Consultancy, our Partner Visa Consultant have extensive knowledge of the procedure and documentation of various partner visas. We share valuable insights and suggestions on navigating the visa application process smoothly and increasing your chances of success. To discuss your requirements with our Spouse, Partner Visa Migration experts, call us on +61 7 3172 4965 today.

Partner Visa Australia Requirements

The requirements for an Australian Partner Visa (subclass 820/801 or 309/100) typically include:

Eligible Relationship: You must be in a genuine and continuing de facto or married relationship with an eligible sponsor, who is an Australian citizen, permanent resident, or eligible New Zealand citizen.
Partner’s Eligibility: Your sponsoring partner must meet certain criteria, including character and health requirements.
Application: Submit a complete visa application with all required forms, documents, and evidence of your relationship.
Character and Health Checks: You and your partner will need to undergo character and health assessments. Police clearances and medical examinations may be required.
Commitment: You must provide evidence of your commitment to a long-term relationship, such as joint financial commitments, shared living arrangements, and joint social activities.
Proof of Relationship: You will need to provide substantial evidence of your genuine and continuing relationship, including photographs, joint financial records, correspondence, and statements from family and friends.
No Previous Visa Breach: You should not have breached any Australian immigration laws or visa conditions.
Waiting Period: There is a waiting period for the grant of the permanent partner visa (subclass 801 or 100) after the initial temporary visa (subclass 820 or 309) is granted.
Application Fee: Pay the required visa application fee.
Partner Visa Interview: In some cases, you may be asked to attend an interview to discuss your relationship.

It’s important to note that the exact requirements and processing times can vary depending on individual circumstances and may change over time. It’s highly advisable to consult from a registered migration agent for the most up-to-date and tailored guidance for your partner visa application.

Your trusted partner visa specialists, dedicated to reuniting couples and families through expert guidance and personalised support for Australian partner visa applications.

Partner Visa Application

Applying for a Partner Visa in Australia involves a multi-step process, typically comprising these key stages:

Eligibility Assessment: Ensure you meet the eligibility criteria, including being in a genuine and continuing relationship with an eligible sponsor (Australian citizen, permanent resident, or eligible New Zealand citizen).
Choose the Appropriate Visa: Determine whether you should apply for the onshore Partner Visa (subclass 820/801) if you’re in Australia, or the offshore Partner Visa (subclass 309/100) if you’re outside Australia.
Collect Documents: Gather essential documents to prove your relationship, such as photographs, financial records, correspondence, and statutory declarations from family and friends.
Police and Health Checks: Complete required character and health assessments, which may involve police clearances and medical examinations.
Submit Online Application: Lodge your visa application online through the Department of Home Affairs’ ImmiAccount portal. Pay the application fee.
Biometrics and Interviews: Attend any requested interviews or provide biometrics (fingerprints and photographs) if required.
Temporary Visa Grant: If applying onshore, you may be granted a temporary partner visa (subclass 820 or 309), allowing you to live and work in Australia during the processing period.
Waiting Period: Wait for the Department to assess your application, which can take several months to years.
Permanent Visa Grant: If your temporary visa is approved, you’ll later be eligible for a permanent partner visa (subclass 801 or 100).
Notification of Decision: You’ll receive a decision letter informing you of the visa grant or any additional requirements.
Compliance with Visa Conditions: After obtaining a visa, ensure you comply with its conditions, including maintaining your genuine relationship.

Navigating the partner visa application process can be complex, and requirements may change over time. It’s advisable to consult our registered migration agent to ensure a smooth application process.

eHelpConsultants: Your top choice for Partner and Fiance Visa experts in Australia, providing unmatched guidance and support for your journey to reunite with your loved ones Down Under.

Spouse Sponsorship Australia

Spouse sponsorship in Australia refers to the process where an Australian citizen, permanent resident, or eligible New Zealand citizen sponsors their spouse or partner for an Australian visa to enable them to live together in Australia. This typically involves applying for a Partner Visa, which includes different subclasses like 820/801 and 309/100 for onshore and offshore applicants, respectively. The sponsoring partner must meet specific eligibility criteria, and the visa application process involves demonstrating a genuine and continuing relationship. eHelpConsultants is Your trusted partner visa specialists

Frequently Asked Questions

1What Is a Partner Visa?

A partner visa for Australia permits its holder to join their partner in Australia. The applicant’s partner must be an Australian citizen or permanent resident, or eligible New Zealand citizen living in Australia. The duration the spouse can stay in Australia depends on their visa type.

2What Happens If My Partner's Visa Application is Rejected?

If your partner visa application is rejected, the Australian authorities believe that you do not meet the requirements or criteria for the visa. If this happens, you can appeal the decision, reapply for the visa with additional evidence, or address any issues that led to the rejection. It’s essential to learn the reasons for the refusal and seek advice from a registered migration agent or immigration lawyer to know your options.

3Can I apply for Australian Citizenship Through aPartner Visa?

Yes, applying for Australian citizenship only after you have obtained the Partner Visa Subclass 309 is possible. However, obtaining Australian citizenship is separate from the partner visa application. Generally, you must fulfil specific requirements, such as residing in Australia for a specified period as a permanent resident, demonstrating your integration into Australian society, meeting the character requirements, and passing the citizenship test. The partner visa can be a pathway to permanent residency, which is often a requirement for applying for Australian citizenship. You can apply for Australian citizenship once you have fulfilled the eligibility criteria and met the necessary residency requirements. It’s advisable to consult with the Department of Home Affairs or a registered migration agent for detailed guidance on the citizenship application process.

4Can I Extend My Partner Visa If It Is About toExpire?

Yes, it is possible to extend your partner visa if it is about to expire. The specific process and requirements for extension may vary depending on the type of partner visa you hold.
If you are on a temporary partner visa, such as subclass 820 or 309, and have not applied for the subsequent permanent visa (subclass 801 or 100), you can apply for an extension of your temporary visa. This extension will allow you to continue living and working in Australia while processing your permanent visa application.

To extend your partner visa, you must provide updated documentation to demonstrate your relationship with your partner is ongoing and genuine. This may include evidence of shared finances, joint assets, joint commitments, and ongoing social or household arrangements.

It is important to lodge the extension application before your current visa expires to maintain lawful status in Australia. It is recommended to consult with the Department of Home Affairs or a registered migration agent for guidance on the specific requirements and procedures for extending your partner visa.

5Is Australia open for spouse visa?

Yes, Australia offers spouse visas, allowing eligible individuals to apply for their partners to join them in the country. However, visa processing and entry requirements can be influenced by various factors, including travel restrictions and the current immigration policies due to the global situation. It’s recommended to check with official government sources or consult our immigration experts for the most up-to-date information on spouse visa availability and entry conditions.

6How much does a spouse visa cost in Australia?

The cost of a spouse visa in Australia can vary depending on the specific visa subclass you are applying for. Generally, spouse visa fees include application charges for both the temporary and permanent stages of the visa. These fees can change periodically, so it’s important to refer to the official Australian government immigration website or consult with our immigration consultants to get the most accurate and up-to-date information on spouse visa costs.

7How long is the spouse visa process in Australia?

The processing time for a spouse visa in Australia can vary based on factors such as the specific visa subclass, the completeness of your application, the volume of applications being processed, and other individual circumstances. In general, spouse visa processing times can range from several months to over a year.

8How can I bring my spouse to Australia?

To bring your spouse to Australia, you can apply for a Partner Visa, which allows eligible partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live and work in Australia. The Partner Visa application process involves two stages: the temporary visa (subclass 820/309) and the permanent visa (subclass 801/100).

Here are the general steps:

Eligibility: Ensure you meet the eligibility criteria, including being in a genuine and ongoing relationship with your Australian partner.
Temporary Visa (820/309): Apply for the temporary visa. This allows your spouse to live in Australia while the permanent visa application is being processed.
Permanent Visa (801/100): After a waiting period, you can apply for the permanent visa. This stage confirms the ongoing nature of your relationship.
Application Submission: Lodge your visa application online, providing required documents and evidence of your relationship.
Health and Character Checks: You and your partner may need to undergo health and character checks.
Processing: The application will be assessed, and you may be asked for additional information.
Grant: If approved, you’ll receive the temporary visa first, followed by the permanent visa when eligible.
Compliance: Once granted, you must comply with visa conditions and continue to meet relationship requirements.

It’s essential to refer to the official Australian government immigration website or consult with our immigration professionals for accurate and up-to-date information on the Partner Visa application process and requirements.

9Can I extend my 408 visa?

The ability to extend your 408 visa in Australia depends on the specific subclass and stream of the 408 visa you hold. Some streams of the 408 visa are designed for short-term stays and may not be extendable, while others are extendable under certain conditions. You should check with the Department of Home Affairs or a our registered partner migration agent for guidance on your specific situation.

10How to apply for a partner visa in Australia?

To apply for a partner visa in Australia, you typically need to be in a genuine and continuing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. There are several subclasses of partner visas, including the 820/801 and 309/100 visas. The process involves submitting an application, providing evidence of your relationship, and meeting certain eligibility criteria. It’s advisable to consult with our registered Partner Visa migration agent or visit the Department of Home Affairs website for detailed information on the application process.

11Can I buy a house on an 820 visa?

Yes, you can buy a house on a 820 visa in Australia. There are no restrictions on property ownership for visa holders. However, you should consider your financial situation and any relevant state or territory laws regarding property ownership and taxation.

12Can I apply for a partner visa while on a tourist visa in Australia?

Yes, it is possible to apply for a partner visa while you are in Australia on a tourist visa (subclass 600). However, there are certain conditions and limitations to be aware of:

You must be in a genuine and continuing relationship with an eligible sponsor (an Australian citizen, permanent resident, or eligible New Zealand citizen).
Applying for a partner visa while on a tourist visa may result in you being granted a bridging visa that allows you to stay in Australia while your partner visa application is processed.
It’s essential to meet all eligibility criteria and provide the required evidence of your relationship when applying for a partner visa.

13Can I travel on an 820 visa?

Yes, you can travel on a subclass 820 partner visa. However, if you plan to leave Australia while your partner visa is being processed, you should apply for a Bridging Visa B (BVB) to ensure you can re-enter the country without affecting your visa application. The BVB allows you to travel and return to Australia while your partner visa application is pending.