PARTNER VISA APPLICATION

Partner visa migration consists of two pathways being the Prospective Marriage visa (PMV) and the Partner visa; however, we have divided them into three categories for better understanding.

Whether you are married, in a de facto relationship or are looking to get married to your fiancé, the Partner visa migration may be your gateway to permanent residency in Australia.

Please note that, following the legislation changes of same-sex marriage in Australia from 9 December 2017, if you are in a same-sex marriage you can now apply for the Partner visa as your partner’s spouse, instead of ‘just’ their de facto partner.

The Partner visa category includes the following:

  1. Prospective Marriage Visa (PMV) (subclass 300), commonly known as the Fiancé visa
  2. Onshore Partner visa (subclass 820/801), commonly known as the Spouse visa or De facto visa
  3. Offshore Partner visa (subclass 309/100), also commonly known as the Spouse visa or De facto visa

Your eligibility to apply for the PMV or the Partner visa will depend on the circumstances of your relationship. Your relationship will also help determine what type of documents you will need to support your visa application.

Crux Migration knows that every relationship is special and unique and that is why we provide free consultation for Partner visa migration. This will allow us to understand your relationship, before providing you with legal advice and help you understand the requirements and processes involved.

Prospective Marriage Visa (PMV) Subclass 300

The Prospective Marriage visa (PMV) Subclass 300 allows you to come to Australia to marry your fiancé who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

It is a temporary visa and is valid for 9 months.

If you are applying for this visa, you must meet the following criteria:

  • you are outside of Australia when the application is lodged
  • you have met each other in person since you both turned 18
  • you are not related
  • you are engaged and have plans to get married within the 9 months of the visa grant
  • you intend to live together as spouses after you are married

Once the visa is granted you must enter Australia to ‘activate’ the visa. You must activate (or enter Australia at least once after the visa is granted) before you get married!

You can get married in Australia or any other country, but it must be valid under the Australian Law.

Once you are married, you MUST apply for the onshore Partner visa before your Prospective Marriage visa expires.

Partner Visa

Core Requirements of Partner Visa

The core requirements for both the onshore Partner visa and offshore Partner visa are similar.

You may be eligible for the Partner visa (onshore AND offshore) if you are married or is in a de facto relationship with an Australian citizen, Australian Permanent Resident or an eligible New Zealand citizen.

Usually, your de facto relationship must exist for at least 12 months immediately before you apply for the visa. However, if you had just started living together and don’t quite meet the 12 months requirement, you can register your relationship as a de facto relationship under a law of a participating state or territory to waive this requirement.

Please note that currently, only the Australian Capital Territory, New South Wales, Queensland, Tasmania and Victoria have laws in place allowing a relationship to be registered.

The Partner visa involves 2 stages but lodged as 1 application and you pay 1 fee:

  • the 1st stage is applying for the temporary partner visa (partner visa subclass 820 or partner visa subclass 309)
  • the 2nd stage is applying for the permanent partner visa (partner visa subclass 801 or partner visa subclass 100)

You must first be granted the temporary partner visa before you will be assessed for your permanent partner visa. The permanent partner visa is assessed 2 years from the date of lodgement of your Partner visa application. Further documents must be provided for this assessment.

 

We may be able to waive the two-year waiting period if your relationship is a long-standing one.

 

Partner Visa Eligibility

You and your partner must show a mutual commitment to a shared life to the exclusion of all others that is genuine and continuing.

Changes have been made to the Partner visa by the department. Read more HERE.

If you are applying for the onshore Partner visa, you will be applying for Partner Visa (Subclass 820/801).

Onshore applicants must be in Australia at the time of application and at the time of decision.

  • You can travel outside of Australia during processing
  • If you are overseas when DoHA is ready to make the decision, they will advise you to come back to Australia.

First stage: sc 820 visa – Temporary Partner Visa

You will automatically be granted a Bridging Visa A (BVA) which will allow you to remain in Australia until your temporary partner visa subclass 820 is granted.

If you want to travel out of Australia and return while the BVA is in effect, you must apply for a Bridging visa B (BVB).

The BVA and BVB that is granted to you under the Partner visa will allow you to:

  • work in Australia
  • study (no government support)
  • enrol in Medicare, Australia’s healthcare scheme

Once the temporary partner subclass 820 visa is granted, you can stay in Australia until a decision is made on your permanent Partner visa subclass 801.

Second stage: sc 801 – Permanent Partner Visa

  • You can be in or out of Australia when your permanent Partner visa subclass 801 is granted.
  • Application assess 2 years from the date of your Partner visa lodgement
  • There is no additional fee required (as you have already paid for the application when you had lodged the Partner visa)
  • Additional documents are required to satisfy the subclass 801 visa requirements.

 

If you are applying for the offshore Partner visa, you will be applying for Partner Visa (Subclass 309/100).

 First stage: sc. 309 – Temporary partner visa

Offshore partner visa applicants (309 visa) must be outside Australia at the time of application and at the time of decision.

  • You can visit Australia during processing
  • If you are onshore when the department is ready to make the decision, they will advise you to leave so that they can grant the visa.
  • You will not be granted a Bridging visa when you apply
  • Once it is granted, you can come to Australia to live with your partner until a decision is made on your permanent Partner visa subclass 100.

 

Second stage: sc. 100 – Permanent partner visa

  • You can be in or out of Australia when your permanent Partner visa subclass 100 is granted.
  • Application assess 2 years from the date of your Partner visa lodgement
  • There is no additional fee required (as you have already paid for the application when you had lodged the Partner visa)
  • Additional documents are required to satisfy the subclass 100 visa requirements.

Both the onshore and offshore partner visa lets you:

  • work in Australia
  • study (with no government support)
  • travel outside Australia as many times as you want
  • access up to 510 hours of free English language tuition provided by the Adult Migration English program
  • enrol in Medicare

Partner Visa Processing time

Processing time changes frequently. Please see here for up to date Partner visa processing time.

Please note that as Partner visa applications have a notoriously long processing time. The Department has been trying to tackle this for a while and it seems there is action being taken at last. See how you can fast-track partner visa application. 

For commonly asked questions please below.

Partner Visa Infographics

300 820 801-2 LATEST  309-2

Read how we prevented a couple from being oceans apart HERE.


Crux Migration can assess your eligibility and help you understand the Australian partner visa requirements and processes involved. We can also assist with document preparation for application lodgement as well as represent you at DoHA from start to finish.

You can book a consultation with our Immigration Lawyers and Migration Agents (formally known as Crux Migration). We will go through more specific requirements with you, tailoring your application according to your circumstances to ensure a smooth Partner visa application.

BOOK CONSULTATION


Partner Visa FAQ:

Who is considered as an eligible New Zealand citizen?

 

An eligible New Zealand citizen is a person who is defined as a ‘protected SCV’ holder under the Social Security Act 1991.

SCV stands for Special Category Visa.

Protected SCV holders are those who arrived in Australia on a New Zealand passport and were:

  • in Australia on 26 February 2001;
  • in Australia for at least 12 months in the 2 years immediately before 26 February 2001; OR
  • assessed as protected SCV holders before 26 February 2004
How many times can I sponsor for a Partner visa?

 

You can sponsor 2 Partner visa or Prospective Marriage visa applicants in total.

You cannot sponsor another Partner visa or Prospective Marriage visa applicant until at least 5 years have passed since the first application was made.

If you were granted a Partner visa or Prospective Marriage visa you must also wait at least 5 years from when you made your own visa application.

The above limitations can be waived but there are certain requirements you must meet. As every case is different, please contact us so that we can assess your situation and provide a more accurate advice.

What happens if I get married before my Prospective Marriage visa is granted?

 

If you marry your fiancé(e) after you apply for a prospective marriage visa but before it is granted, your application can be processed as a partner visa at no extra charge.

You must notify the department after your marriage to withdraw your prospective marriage visa and to request the department to change your application for a Partner visa.

Can I apply for the offshore Partner visa after I get married on my Prospective Marriage visa?

 

Yes, but you will be paying the full partner visa application fee of AUD7,000.

If you apply for the onshore Partner visa by the prospective marriage visa you will only have to pay AUD1,170 for the application.

How long does the temporary Partner visa (Subclass 820 or 309) last?

 

It is valid from the date the temporary Partner visa is granted until a decision is made on your permanent partner visa.

IMPORTANT: if you are granted another Australian visa while holding the temporary partner visa, your temporary partner visa will end, and you will not be eligible for the permanent Partner visa.

How long does the permanent Partner visa (Subclass 801 or 100) last?

 

Once you are granted the permanent Partner visa you hold permanent residency in Australia. It lasts indefinitely and starts on the date it is granted.

IMPORTANT: if you are granted another visa while holding the permanent Partner visa, your permanent Partner visa will end.