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How to apply for an Australian partner visa
Are you looking to gain Australian permanent residency via a partner visa? To be eligible for any subclass of Australian partner visa, the visa applicant must:
- either be married to, or in a de facto relationship with, the Australian sponsor.
- either be married, prove that their relationship has continued for at least 12 months, or have registered their relationship with their relevant state or territory.
- be in a genuine and continuing relationship to the exclusion of all others.
- live together, or apart but only temporarily.
1. Lodge combined temporary and permanent partner visa application
If you’re applying from overseas, you will apply for both a subclass 309 Partner (Provisional) visa and a Subclass 100 – Partner (Migrant).
If you’re applying from within Australia, you will apply for both a subclass 820 Partner visa (Temporary) and a Subclass 801 – Partner visa (Permanent).
The application process for both pathways, however, are nearly identical.
In both instances (offshore and onshore), you will need to lodge a combined application for both the temporary and permanent visa simultaneously, paying a one-off payment to the Department of Home Affairs.
The application is then processed in two separate stages. Even though it is a once off application, you may still be asked to submit additional forms and evidence once you qualify for your second-stage (subclass 801 or subclass 100) partner visa.
2. Lodge sponsorship application
Once you have applied for partner visa, your Australian partner will need to lodge a sponsorship application. To be successful, your partner must: be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, be at least 18 years of age and have met the applicant in person.
If your Australian partner has previously sponsored someone else or has themselves been sponsored under the partner visa program, restrictions may apply.
3. Wait for temporary visa application to be processed and granted
The first stage of the application is generally processed in two or more years, however processing times can vary greatly so we suggest confirming at the time of your application.
If you can prove to the Department that you and your partner are in a long-term partner relationship, you may be eligible for the grant of both the first and second stages nearly simultaneously. A long-term relationship is typically seen as either 3 years together without a child, or 2 years with a child of the relationship.
4. Provide information required for permanent visa assessment
Two (2) years after the date of the initial application, you will be invited by the Department to provide further information required for assessment of the second stage (permanent) visa application.
They will require primarily evidence that you and your partner are still in a genuine and continuing relationship.
5. Permanent visa granted!
If everything goes smoothly and you continually meet your visa requirements, your second stage permanent partner visa will be granted.
Need help navigating Australian partner visa pathways?
If you’re looking to apply for an Australian partner visa, contact Avis & Funk Law today. Specialising in immigration law, our team can find the right permanent residency pathway for you and your partner and help pave the way to Australian citizenship.
