Partner (Spouse) Visas for Australia
If you are an Australian Citizen, permanent resident or eligible New Zealand citizen who is in a relationship with a person who is not an Australian Citizen or permanent resident, you may be able to sponsor them for a Partner visa also referred to as an ‘Australian Spouse Visa’ which will enable them to live with you in Australia as your partner permanently.
You may be able to choose one of the following pathways to sponsor your partner to come to Australia, remain in Australia and live and work permanently in Australia.
Our team of Immigration Lawyers provide assistance and representation with all permanent and temporary visa subclasses for partners and spouses which include Prospective Marriage Visas (subclass 300), Spouse Visas and De Facto Partner Visas (subclasses 820 & 801 and 309 & 100).
Australian Partner Visa Specialists
Ethos Migration Lawyers have represented thousands partner visa applicants secure their visa in Australia. Our success rate and client reviews speak for themselves.
Our team of Immigration Lawyers have many years of experience representing many extremely complex partner visa cases.
Applying for a partner visa can be stressful, time-consuming, and costly.
At Ethos Migration Lawyers, we make sure your application is done right the first time, saving you time, stress, and money.
Partner Visa for Australia Options
Partner Visa (Subclasses 820 & 801) – Onshore Option (In Australia)
The onshore Partner Visa (subclasses 820 & 801) are for applicants applying within Australia. If you are married or in a de facto relationship with your partner, you may be eligible to apply for this visa.
A temporary Partner Visa (subclass 820) can be obtained in the interim to securing a permanent Partner Visa (subclass 801).
For de facto applicants, you need to provide evidence of being in a de facto relationship for at least 12 months, or you can register your relationship with your relevant state or territory to waive this requirement.
Despite the basis of the relationship, both de facto and married couples will need to satisfy the genuine relationship requirement by providing evidence you are in a genuine and continuing relationship.
Partner Visa (Subclasses 309 & 100) – Offshore Option (Outside Australia)
The offshore Partner Visa (subclasses 309 & 100) are for applicants applying outside of Australia. If you are married or in a de facto relationship with your partner, you may be eligible to apply for this visa.
For de facto applicants, you need to provide evidence of being in a de facto relationship for at least 12 months, or you can register your relationship with your relevant state or territory to waive this requirement.
Despite the basis of the relationship, both de facto and married couples will need to satisfy the genuine relationship requirement by providing evidence you are in a genuine and continuing relationship.
Prospective Marriage Visa (Subclass 300)
Also known as the ‘Marriage/Fiancé Visa’
The Prospective Marriage Visa (subclass 300) allows an applicant to travel to Australia to marry their prospective spouse. After this visa is granted the visa holder has up to nine months to get married – they can get married in Australia or overseas.
Once married, the visa holder must then then apply for a Partner Visa (subclasses 820 & 801) within nine months of arriving in Australia at a reduced visa application charge.
More information on Prospective Marriage Visas can be found here.
Next Steps in Obtaining a Partner Visa for Australia?
Our highly experienced Immigration Lawyers will streamline and simplify your partner visa application.
If you have any questions about these requirements or would like to speak to one of our immigration lawyers for more information, get in touch with Ethos Migration Lawyers in Melbourne today.
Australian Spouse/Partner Visas – Frequently Asked Questions (FAQ’s)
To ensure your partner can stay in Australia once you are married, you must apply for the most appropriate partner visa giving them the right to stay and live in Australia.
To be eligible as a spouse applicant for a Partner visa in Australia you must provide that you and your partner are committed to a shared life together to the exclusion of all others, your relationship with your spouse is genuine and continuing, you must either live with your spouse or not live apart on a permanent basis and your marriage must be valid under Australian law.
The processing time for a spouse visa can sometimes be quite lengthy. Approximately 50% of applications are processed in 10 months and 90% of applications being processed in 16 months.
The timeframe for allocation and assessment of applications, including applications in line with government policy priorities, will vary depending on a range of factors such as the overall application lodgement rate and the total number of applications on-hand.
Other circumstances that affect processing timeframes include application completeness, applicant responses to requests for additional information, and the length of time required to perform necessary checks on supporting information.
The Department of Home Affairs fees for a partner visa is currently AUD $9,095.00 or AUD $1,515.00 if you previously held a Prospective Marriage (subclass 300) visa.
If you apply for your partner visa while you are in Australia, you will be issued a bridging visa until your partner visa has finished processing. You must be in Australia when the Department makes a decision on your visa application. If you applied for your Partner visa offshore, you will not be granted a bridging visa for the interim processing period and must comply by the conditions of your current visa.
Sponsors have a limit of two people they can sponsor as their partners to migrate to Australia, and these cannot be within the same 5-year period. This limitation can be waived if there are compelling circumstances that affect the sponsor.
If you applied for your Partner visa offshore, you would need to hold an appropriate visa (such as a tourist or Visitor (subclass 600) visa) to enter Australia before your Partner visa has been approved.
If you applied for your Partner visa in Australia or offshore, you can be in or outside of Australia at time of decision.