Types of Partner Visa

The Australian Partner visa system is structured into several subclasses, broadly categorized based on the nature of your relationship and your location at the time of application:

• Prospective Marriage Visa (Subclass 300): For those who are engaged (fiancé/fiancée) and intend to marry their Australian partner after arriving in Australia.
• Partner Visa (Subclass 820 & 801): For those who are already married or in a de facto relationship and are applying from within Australia.
• Partner Visa (Subclass 309 & 100): For those who are already married or in a de facto relationship and are applying from outside Australia.

Understanding Temporary and Permanent Stages

Most Partner visa applications involve a two-stage process:

1. Temporary Visa (Provisional): Initially, eligible applicants are granted a temporary visa (Subclass 820 for onshore applications or Subclass 309 for offshore applications). This allows the applicant to live in Australia while their permanent visa application is being processed.
2. Permanent Visa (Migrant): After a specific eligibility period (typically two years from the initial application lodgement date), and provided the relationship remains genuine and continuing, a permanent visa (Subclass 801 for onshore applications or Subclass 100 for offshore applications) may be granted. In some cases, such as long-standing relationships (e.g., three years, or two years with dependent children), the permanent visa may be granted soon after the temporary visa.

It’s crucial to understand that being the partner or fiancée of an Australian citizen, permanent resident, or eligible New Zealand citizen does not automatically grant you permanent residence. You must formally apply for the relevant visa subclass and be assessed against all legal criteria.

Partner Visa Subclasses Based on Your Location at Application:

If you are in Australia:

• Partner Temporary Visa (Subclass 820) and Permanent Visa (Subclass 801):
  • You apply for these visas to stay in Australia with your partner, who must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
  • You must be in Australia both when you lodge the application and when the Subclass 820 visa is granted.
  • If the relationship remains genuine and continuing after approximately two years from your application lodgement date, you may be granted the permanent Subclass 801 visa.

If you are outside Australia:

• Partner Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100):
  • You apply for these visas to enter and stay in Australia with your partner, who must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
  • You must be outside Australia both when you lodge the application and when the Subclass 309 visa is granted.
  • Similar to the onshore stream, a continuous and genuine relationship for approximately two years after the initial application can lead to the grant of the permanent Subclass 100 visa.

Prospective Marriage Visa (Subclass 300):

This visa is specifically for those who intend to enter Australia to marry their Australian fiancé(e). To apply, your fiancé(e) must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. The visa typically allows a stay of 9 to 15 months, during which time the marriage must occur. Once married, holders of this visa can then apply for a Partner visa (Subclass 820 and 801) to remain permanently in Australia.