Eligibility

The Australian Partner Visa allows you to bridge the gap between yourself and your partner, to start your life here in Australia. Though this visa operates under the general umbrella of the name “Partner Visa”, understand that there are different subclasses that affect the process in which you obtain your permanent residency. 

To qualify for this visa, please have a look at these eligibility requirements before reading on:

• are you 18 years or older, or have permission from a guardian?
• are you married to a current Australian citizen/permanent resident?
• do you intend to marry a current Australian citizen/permanent resident?
• have you been in a de facto relationship for at the minimum one year?
• have you registered your relationship in Australia and/or your country of origin?

If you answered yes to one or several of those questions above, then you qualify for this visa category.

You might still be eligible for the visa if your relationship breaks down or your sponsor dies while your application is being considered

The Process

General Information

Applications for a Partner Visa can be lodged whilst you are in Australia (onshore) or when you are outside of Australia (offshore). An applicant will require a valid sponsor before they can lodge their Partner Visa.

Migration Amendment (Family Violence and Other Measures) Act 2018 was passed through Parliament and commenced on 17 April 2019. This means that your sponsor for this visa must be approved before you are able to lodge your application. 

Additionally, the Department of Home Affairs can and will have regard to several factors such as:

• the financial aspects of the relationship
• the nature of the household
• the social aspects of the relationship
• the nature of the persons’ commitment to each other

De Facto Relationships

Couples are deemed to be in a De Facto relationship if they satisfy section 5B of the Migration Act 1958 as follows:

• you are not married
• you have a mutual commitment to a shared life to the exclusion of all others;
• the relationship between you and your partner is genuine and continuing; and
• you live together; or do not live separately and apart on a permanent basis; and you are not related by family.
• you have been in your relationship for at least 12 months prior to applying for the visa
• [if less than 12 months] you have registered your de facto relationship in Australia or in your home country

Two Stages

Step 1: Temporary Visa stage

If the applicant is onshore, you should apply for the subclass 820 Partner Visa. All parties have to be in Australia at the time of this application.

If the applicant is offshore, you should apply for the subclass 309 Partner Visa. The applicant and any dependents have to be outside Australia at the time of application until the time of grant.

Upon the receipt of either of the above visas, the applicant and any dependents will be allowed to lawfully stay in Australia, work, study and access Medicare benefits whilst waiting for a decision on their permanent Partner visa.

Step 2: Permanent Visa

After a period of two years from the date of your initial grant for a subclass 820 or 309, you will then be eligible to apply for a subclass 801 or 301 permanent Partner Visa. You may be asked to provide additional documentation in order for the Department of Home Affairs to assess if your relationship has been genuine and continuing.

You may be onshore or offshore when this visa is granted.

This permanent visa will allow the applicant to stay in Australia indefinitely;

• work and Study in Australia
• apply for Citizenship
• sponsor eligible relatives or family members for permanent residence;
• receive social security payments; and
• travel to and from Australia freely for the next five years.

Eligibility

This permanent visa lets a parent of a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen move to Australia.

Retiree

• fulfil health and character requirements
• sign the Australian Values statement
• not have any prior visa cancellations
• you must obtain and maintain eligible health insurance

General

• a sponsor over the age of 18 (separate eligibility requirements apply for the sponsor)
• meet the balance – of – family test (at least half your children are living in Australia)
• have assurance of support, promising that you will not rely on government assistance after entering Australia
• fulfil health and character requirements
• sign the Australian Values statement
• not have any prior visa cancellations
• obtain and maintain eligible health insurance

Considerations

You can include family members when you lodge your visa application.

You may be onshore or offshore when this application is made. If you apply onshore, any family members attached to your application have to be inside Australia (past immigration clearance) when you apply. If you apply offshore, all family members attached to your application have to be offshore as well.

You and all relevant family members must be offshore when a decision is made on your visa.

There are multiple travel facilities for this visa, meaning that you can enter and exit Australia for the length of your visa grant.