The partner visa Australia allows individuals to apply for permanent residence by bringing their spouse or prospective marriage partner to the country. This program enables couples to build a life together in Australia. Whether you are in a prospective marriage or in a de facto relationship, obtaining a partner visa can offer numerous benefits and open doors to new possibilities for permanent residence. This visa allows you to include your spouse in your migration application, making the process smoother and more efficient.

By securing a temporary partner visa, prospective marriage applicants can enjoy living and working in Australia while their application for a permanent spouse visa is being processed. Understanding the requirements and process of the migration application is crucial for any applicant seeking a temporary or provisional visa. This knowledge ensures a smooth journey towards obtaining your partner visa.

In this blog post, we will also discuss the importance of meeting eligibility criteria for visa applicants, including those applying for a prospective marriage visa, bridging visa, or provisional partner visa. We will provide insights on how to successfully navigate through the application process for these visas.

Important Points for Obtaining a Partner Visa in Australia

To successfully obtain a partner visa in Australia, the migration application process is crucial. There are several important points for the applicant to keep in mind. It is necessary to provide certified copies of all required documents to ensure a smooth provisional visa application process. These include providing genuine relationship evidence for the applicant, understanding the different subclasses available for partner visas, and meeting health and character requirements. Additionally, certified copies of relevant documents may be required for the provisional visa application.

Genuine Relationship Evidence is Crucial for a Successful Application

When applying for a partner visa in Australia, the applicant must provide genuine relationship evidence. It is crucial to submit provisional copies of the required documents. This means demonstrating to the applicant that your relationship with your partner is authentic and not solely for the purpose of obtaining a provisional visa. Make sure to provide copies of relevant documents to support your claim. Some examples of genuine relationship evidence include:

• Joint financial commitments are important for spouse visa and prospective marriage visa applicants. It is crucial to demonstrate that you and your partner have shared financial responsibilities, such as joint bank accounts or shared bills. These documents can serve as copies of your joint financial commitments.
• Social aspects: Providing evidence of joint activities, holidays, or celebrations that you have participated in together can be crucial for demonstrating a strong partner relationship. This evidence is especially important when applying for a provisional partner visa or exploring partner visa options.
• Living arrangements for the applicant: Demonstrating that you and your partner, who is also on a bridging visa, live together by providing lease agreements or utility bills with both names on them. This is an important step in the process of applying for a permanent visa.

It’s important to remember that the Department of Home Affairs will thoroughly assess the evidence provided for the provisional partner visa, permanent partner visa, and bridging visa to ensure the genuineness of your relationship.

Understanding the Different Subclasses Available for Partner Visas

There are different subclasses available for partner visas in Australia, depending on various factors such as whether the applicant is married or engaged. It’s essential for an applicant to understand the subclasses of bridging visa, permanent partner, and provisional partner visa to determine which one is most suitable for their situation. The two main subclasses are:

1. The Partner (Provisional) Visa (subclass 309/100) is suitable for applicants who are applying outside of Australia and are either married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
2. The Prospective Marriage Visa (subclass 300) is suitable for individuals who are engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen but have not yet married. This visa is intended for applicants in such circumstances. The bridging visa allows the applicant to enter Australia and marry their partner within nine months.

Each subclass, including the bridging visa, provisional partner visa, and permanent partner visa, has its own specific requirements and processing times. It’s crucial to consult with a migration agent or research thoroughly to ensure you choose the right subclass for your circumstances.

Meeting Health and Character Requirements is Essential

To be eligible for a partner visa in Australia, you must meet certain health and character requirements. These requirements are in place to ensure that individuals entering the country on a provisional partner visa or permanent partner visa do not pose a risk to public health or safety. Here are some key points regarding these requirements:

• Health requirements: To apply for a permanent partner visa, you and any dependent family members must undergo a medical examination conducted by an approved panel doctor. The examination assesses whether you have any conditions that could impact public health or require significant healthcare resources for the permanent partner visa.
• Character requirements: You and any dependent family members aged 16 years or older must provide police clearances from each country you have lived in for more than 12 months over the past ten years. This is to determine if you have any criminal convictions or pose a risk to the Australian community.

It’s important to note that meeting these health and character requirements does not guarantee approval of your visa application. However, failing to meet them can lead to visa refusal, so it’s essential to comply with these standards.

Subclass 820 and 801 Partner Visa Application Process

Applying for a partner visa in Australia can be an exciting but complex process. We will also discuss the required forms, documents, and supporting evidence needed during the application process.

Step-by-Step Guide on How to Apply for Subclass 820 and 801 Partner Visas

1. Determine your eligibility: Before starting the application process, it is important to ensure that you meet the eligibility criteria for a subclass 820 or 801 partner visa. This includes being in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
2. Gather necessary documents: To support your visa application, you will need to provide various documents such as proof of identity, relationship evidence (such as joint bank statements or lease agreements), character references, health assessments, and more. It is crucial to carefully review the document checklist provided by the Department of Home Affairs to ensure you have all the required documentation.
3. Lodge your application: Once you have gathered all the necessary documents, you can proceed to lodge your subclass 820 partner visa application online through the Department of Home Affairs website. Pay close attention to providing accurate information and attaching all relevant supporting documents.
4. Apply for a bridging visa: After lodging your subclass 820 partner visa application, you may be eligible for a bridging visa that allows you to stay lawfully in Australia while waiting for a decision on your application. The bridging visa will come into effect once your current visa expires.
5. Provide additional information if requested: During the processing of your subclass 820 partner visa application, the Department of Home Affairs may request additional information or clarification regarding your relationship or other aspects of your application. It is important to promptly respond to any requests within the given timeframe.
6. Transition to subclass 801: After a waiting period of approximately two years, you may become eligible to apply for the subclass 801 partner visa. This visa is a permanent residency visa and allows you to continue living and working in Australia indefinitely.

Required Forms, Documents, and Supporting Evidence during the Application Process

When applying for subclass 820 and 801 partner visas, it is crucial to provide the necessary forms, documents, and supporting evidence to strengthen your application. Here are some key requirements:

• Form 47SP: This form is the main application form for partner visas. It collects personal information about you and your partner.
• Relationship evidence: Providing sufficient evidence of a genuine and ongoing relationship is essential. This can include joint bank statements, shared bills or lease agreements, photographs together, travel records as a couple, or statutory declarations from friends and family members who can vouch for your relationship.
• Character documents: You will need to provide police clearance certificates from all countries where you have lived for more than 12 months since turning 16 years old.
• Health assessments: Depending on your circumstances, you may be required to undergo health examinations conducted by approved panel physicians.

Information on Processing Times and Potential Challenges

Processing times for subclass 820 and 801 partner visas can vary depending on various factors such as the complexity of your case and current processing priorities. Generally, it takes around 20 to 26 months for the Department of Home Affairs to process these visa applications.

However, it is important to note that these processing times are only indicative and can change over time. It is advisable to regularly check the Department of Home Affairs website for updates on current processing times.

During the application process, there may be potential challenges that applicants might face:

• Meeting eligibility criteria: Ensuring that you meet all the eligibility requirements can be challenging at times. It is important to carefully review the criteria and seek professional advice if needed.
• Providing sufficient evidence: Gathering the required documents and supporting evidence can be a time-consuming process. It is crucial to provide comprehensive and relevant evidence to strengthen your application.
• Language barriers: If English is not your first language, you may face challenges in understanding the application requirements or providing accurate information. Seeking assistance from a translator or interpreter can help overcome these language barriers.

Requirements for Subclass 820 and 801 Partner Visa

To apply for the Subclass 820 and 801 Partner Visa in Australia, there are several requirements that you need to meet. These requirements ensure that your relationship is genuine, both partners meet health and character standards, and the financial aspects are taken into consideration.

Evidence of a genuine de facto or married relationship with an Australian citizen or permanent resident

One of the key requirements for the Subclass 820 and 801 Partner Visa is providing evidence of a genuine de facto or married relationship with an Australian citizen or permanent resident. This means you need to demonstrate that you have been in a committed relationship with your partner and intend to continue living together as a couple.

Some examples of evidence you can provide include joint bank accounts, shared bills or lease agreements, photographs together, letters from friends or family supporting your relationship, and travel documents showing joint trips. The more evidence you can provide, the stronger your case will be.

Financial aspects, including meeting the minimum income threshold requirement

Financial aspects play an important role when applying for the Subclass 820 and 801 Partner Visa. As the sponsoring partner (the Australian citizen or permanent resident), you must meet certain income thresholds to demonstrate that you can support your partner financially.

The current minimum income threshold requirement is set by the Australian government each year. It ensures that the sponsoring partner has enough financial stability to support their partner without relying on government assistance. It’s essential to check the latest income threshold requirement before applying for the visa.

If you don’t meet the minimum income threshold requirement on your own, there are alternative options available. For example, if you have dependent children together with your partner, this can lower the income threshold requirement. If your sponsor receives a disability pension or carer payment from Centrelink, they may be exempt from meeting this requirement.

Health and character requirements that must be met by both partners

To be eligible for the Subclass 820 and 801 Partner Visa, both you and your partner must meet the health and character requirements set by the Australian government.

The health requirement involves undergoing a medical examination conducted by a panel physician approved by the Department of Home Affairs. The purpose of this examination is to ensure that neither you nor your partner have any health conditions that could pose a risk to public health or result in significant healthcare costs for Australia.

The character requirement involves providing police clearances from all countries where you and your partner have lived for more than 12 months cumulatively. This includes obtaining an Australian Federal Police (AFP) clearance if you have lived in Australia for any period of time. These clearances help determine whether you or your partner have any criminal records or pose a risk to the Australian community.

It’s important to note that meeting these requirements does not guarantee visa approval. Each application is assessed individually, taking into consideration various factors such as the strength of your relationship, supporting evidence, and compliance with all other visa requirements.

Sponsor Document Checklist for Partner Visa Sponsorship

To support your partner’s visa application, as a sponsor, you will need to provide certain documents. These documents serve as proof of your Australian citizenship or permanent residency status, as well as demonstrate your financial ability to support the applicant. Here is a comprehensive guide on the documents required from the sponsor for a partner visa sponsorship:

Proof of Australian Citizenship or Permanent Residency Status as a Sponsor

One of the essential documents you need to provide as a sponsor is proof of your Australian citizenship or permanent residency status. This can be in the form of an Australian passport or certified copies of relevant pages from your passport. It is crucial to ensure that these copies are certified by an authorized person, such as a Justice of the Peace or an accredited migration agent.

Financial Documents Demonstrating Ability to Support the Applicant Financially

As a sponsor, you must also provide financial documents that demonstrate your ability to support the applicant financially during their stay in Australia. These documents should showcase your financial stability and capacity to meet their living expenses and basic needs. Some examples of financial documents include:

• Bank statements showing regular income deposits
• Employment contracts or pay slips indicating stable employment
• Tax returns for previous years
• Property ownership documents

By providing these financial documents, you can assure immigration authorities that you have sufficient resources to support your partner throughout their visa application process.

Medical Examination Receipt

Another important document that sponsors need to submit is the receipt confirming that their partner has completed a medical examination. This medical examination is mandatory and helps ensure that applicants meet Australia’s health requirements. The receipt serves as proof that this requirement has been fulfilled.

Complete List of Documents Required for Partner Visa Sponsorship

To make things easier, here is a complete list summarizing all the necessary documents required from sponsors for partner visa sponsorship:

1. Proof of Australian citizenship or permanent residency status (e.g., passport)
2. Certified copies of relevant passport pages
3. Financial documents demonstrating the ability to support the applicant financially (e.g., bank statements, employment contracts)
4. Tax returns for previous years
5. Property ownership documents
6. Receipt confirming completion of the partner’s medical examination

It is important to note that this list may vary depending on individual circumstances and the specific visa subclass being applied for.

Onshore Initial Entry Date

If you are applying for an onshore partner visa, it is essential to provide information about your partner’s initial entry date into Australia. This refers to the first time they entered Australia on a valid visa before lodging their partner visa application. Including this information helps immigration authorities assess eligibility criteria and ensure compliance with visa requirements.

Remember, providing accurate and complete documentation is crucial when sponsoring a partner visa application. Failing to include any required documents or providing false or misleading information can lead to delays or even rejection of the application.

By following this document checklist as a sponsor, you can ensure that your partner’s visa application has the best chance of success.

Partner Visa Australia Cost

Applying for a partner visa in Australia involves several fees that need to be considered. Let’s break down the costs associated with obtaining a partner visa and explore any additional expenses that may arise during the application process.

Breakdown of Fees

1. Visa Application Charge: The primary cost when applying for a partner visa is the Visa Application Charge (VAC). This fee varies depending on whether you are applying from within Australia or offshore. As of July 2021, the VAC for an onshore partner visa application is AUD $7,715, while for an offshore application it is AUD $4,255.
2. Second Instalment: In some cases, applicants may be required to pay a second instalment of the VAC. This applies to individuals who have not provided evidence of having functional English or those who have dependent children included in their application. The second instalment amount is AUD $4,890 and must be paid before the visa can be granted.
3. Biometrics Collection: If you are applying from outside Australia and are required to provide biometric information (such as fingerprints and photographs), there will be an additional fee for biometrics collection. The cost for this service is AUD $150 per person or AUD $300 per family.
4. Migration Agent Fee: While not mandatory, some applicants choose to engage the services of a registered migration agent to assist them throughout the application process. Migration agent fees vary depending on the complexity of your case and the level of assistance required.

Additional Costs

In addition to the fees mentioned above, there are other expenses that may arise during the partner visa application process:

1. Health Examinations: As part of your visa application, you will need to undergo health examinations to ensure that you meet Australia’s health requirements. The cost of these examinations will depend on factors such as your age, the type of visa you are applying for, and any additional tests that may be required. It is important to note that health examinations are not covered by Medicare, so you will need to bear the cost yourself.
2. Police Clearance Certificates: Applicants are generally required to provide police clearance certificates from each country they have lived in for more than 12 months since turning 16 years old. The cost of obtaining these certificates can vary depending on the country and the process involved.
3. Translation and Certification: If any of your supporting documents are not in English, you will need to have them translated by a certified translator. The cost of translation services can vary depending on the number of pages and complexity of the documents.
4. Travel Expenses: If you are applying for an offshore partner visa, you may need to factor in travel expenses such as flights, accommodation, and transportation to attend any necessary interviews or appointments at an Australian embassy or consulate.
5. Document Authentication: Some applicants may need to have their documents authenticated or apostilled by relevant authorities in their home country before submitting them as part of their application. The cost for document authentication will depend on the requirements and processes specific to each country.

It’s important to note that fees and costs mentioned here are subject to change, so it’s advisable to check with the Department of Home Affairs or consult a registered migration agent for up-to-date information before lodging your application.

Partner Visa Australia Processing Time

The processing time for partner visas in Australia can vary depending on several factors. It is essential to understand the average processing times for subclass 820 and 801 partner visas, as well as the factors that may affect these processing times.

Average Processing Times for Subclass 820 and 801 Partner Visas

The subclass 820 partner visa is a temporary visa that allows partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live and work in Australia. Once you have held this visa for two years, you become eligible to apply for the subclass 801 partner visa, which is a permanent visa.

On average, the Department of Home Affairs aims to process subclass 820 applications within approximately 26 months from the date they are lodged. However, it’s important to note that this timeframe can vary due to various factors such as high demand or incomplete applications.

Similarly, the Department of Home Affairs aims to process subclass 801 applications within approximately 19 months from the date they are lodged. Again, this timeframe can be influenced by factors like high demand or incomplete applications.

Factors That May Affect Processing Times

Several factors can impact the processing times for partner visas in Australia:

1. High Demand: The number of partner visa applications received by the Department of Home Affairs can fluctuate over time. During periods of high demand, it may take longer for your application to be processed.
2. Incomplete Applications: Submitting an incomplete application can significantly delay the processing time. It is crucial to ensure that all required documents and information are provided when lodging your application.
3. Health and Character Checks: As part of the visa application process, health and character checks are conducted on both partners involved. If there are any issues with these checks or additional information is required, it may prolong the processing time.
4. Complex Cases: Some partner visa applications may be more complex than others, requiring additional assessment and scrutiny. Factors such as previous visa refusals or cancellations, criminal records, or relationship complications can contribute to the complexity of a case.
5. Processing Priorities: The Department of Home Affairs has set processing priorities for different visa subclasses. While they aim to process partner visas as quickly as possible, other visa categories may have higher priority due to specific circumstances or government policies.

It is important to note that these factors are not exhaustive and that each application is assessed on an individual basis. Processing times can vary from case to case, and it’s essential to be patient throughout the waiting period.

Tips for Reducing Processing Times

While you cannot control all factors that affect processing times, there are some steps you can take to potentially reduce delays:

• Ensure your application is complete: Double-check that you have provided all required documents and information before submitting your application.
• Provide accurate information: Make sure all details provided in your application are correct and up-to-date.
• Respond promptly: If the Department of Home Affairs requests additional information or documentation, respond promptly to avoid unnecessary delays.
• Seek professional advice: Consider consulting with a registered migration agent or immigration lawyer who can guide you through the application process and help address any potential issues.

Remember that processing times are indicative and can vary based on individual circumstances. It’s crucial to stay informed about any updates or changes in processing times by regularly checking the Department of Home Affairs website.

Frequently Asked Questions about Partner Visas in Australia

Eligibility Criteria, Timelines, and Documentation

Many people have questions about partner visas in Australia. Let’s clear up some common queries regarding eligibility criteria, timelines, and documentation.

What are the eligibility criteria for a partner visa?

To be eligible for a partner visa in Australia, you must be in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. You need to provide evidence of your commitment to each other and meet certain health and character requirements.

How long does it take to process a partner visa application?

The processing time for partner visas can vary depending on various factors such as the complexity of the case and the number of applications being processed. On average, it takes around 17 to 21 months for the Department of Home Affairs to process permanent partner visas. However, this timeframe is subject to change.

What documents do I need to submit with my partner visa application?

When applying for a partner visa in Australia, you will need to provide various documents as evidence of your relationship. This may include joint bank statements, shared utility bills, photographs together, travel itineraries showing joint trips, and statutory declarations from friends and family who can vouch for your relationship.

Specific Scenarios: Long-Distance Relationships or Previous Marriages

Let’s address specific scenarios that often arise when considering a partner visa application – long-distance relationships or previous marriages.

Can I apply for a partner visa if my partner is living overseas?

Yes! If you are in a genuine long-distance relationship with an Australian citizen or permanent resident living overseas, you can still apply for a partner visa. However, additional evidence may be required to prove the genuineness of your relationship due to physical separation. This could include communication records like emails or letters exchanged between both parties over an extended period.

What if either myself or my partner have been previously married?

Being previously married does not automatically disqualify you from applying for a partner visa. However, you will need to provide evidence that your previous marriage has ended, either through divorce or death of your former spouse. This can be done by submitting divorce certificates or death certificates as part of your application.

Additional Information and Tips

Here are some additional pieces of information and tips to keep in mind when applying for a partner visa in Australia:

• It is essential to ensure that all the information provided in your application is accurate and up-to-date. Any discrepancies could lead to delays or even refusal of the visa.
• If there are any changes in your circumstances after submitting the application, such as a change of address or relationship status, it is crucial to inform the Department of Home Affairs promptly.
• Seeking professional advice from a registered migration agent can greatly assist you throughout the partner visa application process. They can guide you on gathering the necessary documents, completing forms correctly, and addressing any concerns or complications that may arise.
• Keep copies of all documents submitted with your application for future reference. These copies can serve as proof if needed later on.

Remember, each partner visa application is unique, and it’s crucial to carefully follow all instructions provided by the Department of Home Affairs. By providing accurate documentation and demonstrating a genuine commitment to your relationship, you increase your chances of obtaining a partner visa successfully.

Entitlements and Benefits of Subclass 820 and 801 Partner Visas

In Australia, individuals who hold subclass 820 or 801 partner visas are entitled to certain rights and benefits. These visas allow partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live, work, and study in Australia. Let’s explore the entitlements and benefits associated with these visas.

Rights Granted to Individuals Holding Subclass 820/801 Visas

One of the significant advantages of holding a subclass 820 or 801 visa is the right to work in Australia. Once granted this visa, individuals can seek employment opportunities without any restrictions. They can apply for jobs just like any other Australian citizen or permanent resident. This opens up a wide range of possibilities for them to contribute to the Australian workforce.

Moreover, individuals with subclass 820 or 801 visas also have the right to pursue education in Australia. They can enroll in various courses and educational institutions across the country. Whether it’s attending university, vocational training programs, or pursuing other forms of education, these visa holders have access to quality education opportunities.

Access to Medicare

Another significant benefit that comes with subclass 820/801 partner visas is access to Medicare – Australia’s universal healthcare system. This means that visa holders can avail themselves of medical services at subsidized rates or sometimes even for free. They can visit doctors, specialists, hospitals, and receive necessary medical treatments without bearing exorbitant costs.

Having access to Medicare ensures that individuals on partner visas receive proper healthcare when needed. It provides peace of mind knowing that they will be taken care of in case of illness or injury during their stay in Australia.

Potential Eligibility for Australian Citizenship

Holding a subclass 820/801 partner visa also puts individuals on a pathway towards potential eligibility for Australian citizenship in the future. After living on these visas for a certain period (usually two years), applicants become eligible to apply for the subclass 801 permanent partner visa. Once granted, this visa provides individuals with permanent residency status in Australia.

With permanent residency, individuals can enjoy several benefits, including the ability to live and work in Australia indefinitely. Moreover, after meeting specific requirements such as residing in Australia for a certain period and passing the citizenship test, they can apply for Australian citizenship. This opens up even more opportunities and rights, such as the ability to vote in elections and obtain an Australian passport.

De Facto Relationships and Considerations for Applying

In conclusion, obtaining a partner visa in Australia requires careful consideration of the requirements and processes involved. It is important to understand the specific criteria for subclass 820 and 801 partner visas, as well as the necessary documentation needed to support your application. The cost and processing time for these visas can vary, so it is advisable to plan ahead and be prepared for potential expenses and waiting periods.

Once granted a partner visa, individuals are entitled to various benefits such as work rights and access to healthcare services. If you are in a de facto relationship and considering applying for a partner visa in Australia, it is recommended that you seek professional advice or consult the official government resources to ensure you have accurate information.

Frequently Asked Questions about Partner Visas in Australia

Can I apply for a partner visa if my relationship is not legally recognized?

Yes, Australia recognizes both married relationships and de facto relationships. As long as your relationship meets the eligibility criteria set by the Department of Home Affairs, you can apply for a partner visa regardless of whether your relationship is legally recognized or not.

How long does it take to process a partner visa application?

The processing time for partner visas can vary depending on various factors such as the complexity of your case and the current workload of the Department of Home Affairs. On average, it can take between 17-21 months from lodgment to decision. It’s important to note that processing times are subject to change, so it’s advisable to check the official website for up-to-date information.

Can I include my dependent children in my partner visa application?

Yes, you can include dependent children in your partner visa application as secondary applicants. However, there are certain requirements that need to be met regarding their age, dependency status, and health assessments.

Do I need an Australian sponsor for a partner visa application?

Yes, you need an Australian citizen, permanent resident, or eligible New Zealand citizen to sponsor your partner visa application. The sponsor plays a crucial role in supporting your application and providing the necessary documentation to prove the genuineness of your relationship.

Can I work in Australia while waiting for a decision on my partner visa application?

Yes, once you have applied for a subclass 820 partner visa and it has been granted with work rights, you will be able to work in Australia while waiting for a decision on your subclass 801 permanent partner visa. It’s important to ensure that you comply with any conditions imposed on your visa regarding employment.