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 applicant must be sponsored and married or in a de facto relationship with:
The relationship must be genuine and ongoing. The applicant and the partner must live together, if they do not, any separation must be only temporary and both parties must freely consent to the relationship.
The applicant must also be older than 18 years of age and not be related to the partner by family. This means the applicant cannot be an ancestor or descendant of the partner, or have a parent in common.
The marriage must be valid under Australian law. Same-sex couples can apply for this visa only based on their de facto relationship.
Usually the de facto relationship must have existed for at least 12 months immediately before the applicant applies for this visa. However, the applicant can be granted a visa without having been in a de facto relationship for 12 months if:
The sponsor must:
The sponsorship might not be approved if the sponsor:
The application is processed in two stages, about two years apart. The first stage grants a temporary visa and the second stage grant a permanent visa. However, a single application is lodged for both the temporary and permanent visas, and a single application fee is charged. Based on the location of the applicant there are two types of Partner visas.
The temporary Partner visa (subclass 820 or 309) is the first stage towards a permanent Partner visa (subclass 801 or 100 respectively). For Temporary Partner visa, the applicant(s) must be onshore when the outcome of the visa application is decided. Similarly, for Partner (Provisional) visa, the applicant(s) must be offshore when the outcome of the visa application is decided. However, the applicant can be in or outside Australia when the outcome of Permanent Partner/ Partner (Migrant) visa is decided.
In most cases, permanent residence cannot be granted less than two years from the day the initial application is lodge.
Visa applicant(s) must meet the health requirements. Visa applicant(s) might need to undergo health examinations as part of the visa application process and can choose to undertake them prior to lodging the visa application.
Visa applicant(s) must meet certain character requirements. Visa applicant(s) must provide a police certificate from each country s/he has lived in for 12 months or more during the past 10 years after turning 16 years of age.
The main applicant can include dependent children in the same visa application. The dependent children must also be able to show that they meet Australia’s healthand character requirements. It should be noted that onshore and offshore applicant(s) cannot be included in the same application in this visa.
The partner temporary/provisional visa lets the visa holder to:
If the applicant is later granted a permanent visa, s/he can:
No, the applicant will lodge only one application for both temporary and permanent visas and pay one application charge only. However, the visa application is processed in two stages, about two years apart.
Yes, a person without a substantive visa might be eligible to apply for this visa in Australia if they meet some additional criteria in order to make a valid application in Australia.
An applicant can apply and could be granted a partner visa without having been in a de facto relationship for 12 months if:
An applicant could be granted a permanent visa without having to fulfil the usual two-year waiting period if:
Applicant’s temporary visa is generally valid till one of the below event occurs:
An applicant’s permanent partner visa will be processed as below:
In case two years have passed since the lodgment of the partner visa application and if one has not yet received the letter from DIBP, s/he should contact the nearest Australian office of the DIBP.