Partner visa: Subclass 309/100 and 820/801 Visa
What is a Patner Visa?
The purpose of the Partner visa is to allow the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to enter into or remain in Australia. The applicant is initially granted a temporary visa, and is eligible for permanent residency if the relationship still exists after a two-year waiting period.
Subclass 309/100: You must be outside Australia at the time your application is lodged, and when
your visa is granted.
Subclass 820/801: You must be in Australia both at the time your application is lodged, and when
your visa is granted.
PARTNER VISA REQUIREMENTS
If your application is based on a marriage:
you must be legally married to an Australian citizen, permanent resident or eligible New Zealand citizen
If your application is based on a de facto relationship:
you must have been in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen for at least 12 months prior to lodging your application (unless there are compelling or compassionate circumstances) AND
you and your partner must both be at least 18 years old, and must not be closely related
In all cases:
you and your spouse/partner must be in a mutually exclusive relationship;
that relationship must be genuine and continuing
you and your spouse/partner must either live together, or live apart on a temporary basis only
Your sponsor must:
be an Australian citizen, permanent resident or eligible New Zealand citizen
not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)
not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances)
provide police checks to the department when requested, and
consent to the department disclosing any conviction for a “relevant offence” to the applicant(s) you are sponsoring.
Your sponsorship will not be approved if you have a conviction for a relevant offence and a substantial criminal history. A relevant offence includes, but is not limited to offences involving violence, intimidation, breaching a protection order, people smuggling, human trafficking and weapons. The family violence protection measures web page on the DIBP site has more information.
Your Partner visa application is lodged with the Department of Immigration and Border Protection (DIBP) on behalf of you and your sponsor. The main criterion is that the relationship and your sponsor meet the requirements referred to above. In addition, you must meet the standard health and character checks.
Following lodgement of your application, you and your spouse/partner may be asked to attend an interview with the DIBP. In some cases the DIBP may visit your place of residence and/or conduct other checks to verify your relationship.
This visa, which is valid for a ‘stand-down period’ of approximately two years from the date of the application’s lodgement, allows you to enter Australia and remain there until your application for permanent residency has been decided by the DIBP.
Next Steps: Permanent Residency – Subclass 309 →100 visa; Subclass 820 →801
You will be eligible for permanent residency two years after lodging a successful temporary partner visa application, provided your de facto partnership or marriage continues to meet the requirements listed above. At this stage, you will be required to provide further evidence to the DIBP to establish your eligibility for permanent residency.
PLEASE NOTE: The time that the DIBP takes to decide an application and grant a visa varies from case to case, depending upon the applicant’s particular circumstances, and the amount of supporting information that the DIBP requires.