Partner Visa

At My Visa Guide, we specialize in assisting individuals with obtaining visas for their married or de facto partners in Australia. This visa category is designed for spouses as well as de facto partners, who are in a relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. Our dedicated team will guide you through a comprehensive assessment, provide consultation services, and ensure an accurate visa application process. There are two primary categories within the partner visa program: the Prospective Marriage visa and the Partner visa. The choice of visa depends on the nature of your relationship.

Following are the types of relationship and the visas that correspond to them:

If you are in an intended marriage (fiancé(e)) relationship, you would typically apply for the Prospective Marriage visa.
On the other hand, if you are in a married (de jure) relationship or a de facto partner relationship, you would generally apply for the Partner visa.

At MVG, we will assist you in determining the appropriate visa category based on your specific situation and guide you through the application process accordingly.

Subclass Partner Visa

The partner visa program consists of two types of subclasses: temporary and permanent. Initially, partners who meet the necessary requirements are granted a temporary visa. Subsequently, after a qualifying period or if there is a long-standing relationship or children involved, a permanent visa may be granted.

It is important to note that being the partner or fiance(e) of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen does not automatically make you eligible for permanent residence in Australia. If your intention is to reside permanently in Australia, you must apply for a permanent visa and undergo an assessment based on the legal criteria for the grant of that visa.

Additionally, the partner category migration program allows for the temporary entry of fiancé(e)s (intended spouses) of Australian citizens, permanent residents, and eligible New Zealand citizens to Australia.

At MVG, we will assist you in navigating the visa application process, determining your eligibility, and ensuring you meet the necessary requirements for both temporary and permanent visas.

Let us have a cursory look at the partner subclass visas based on your location at the time of application:

If you are currently in Australia, you have the option to apply for the Partner Temporary Visa (Subclass 820) and later the Permanent Visa (Subclass 801). This visa allows you to stay in Australia with your partner, who must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. If your relationship is genuine and continues for at least two years after the initial visa application, you may be granted a permanent visa.
On the other hand, if you are outside Australia, you can apply for the Partner Temporary Visa (Subclass 309) and subsequently the Permanent Visa (Subclass 100). These visas enable you to enter and stay in Australia with your partner, who must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. To be eligible for the permanent visa, your relationship must be continuous and genuine for a minimum of two years after the initial visa application.

At MVG, we are here to guide you through the application process for the appropriate visa subclass based on your location and assist you in meeting the requirements for both the temporary and permanent visas.

Prospective Marriage Visa (Subclass 300)

The Prospective Marriage visa is designed for individuals who wish to enter Australia before getting married. To be eligible for this visa, your fiancé(e) must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. Once you are married, holders of the Prospective Marriage visa can then apply for a Partner visa, which allows them to stay permanently in Australia with their spouse.

General Terms and Conditions

Following are some general requirements to be eligible for applying this visa:

To be eligible for the partner visa, you must have a sponsor who is an Australian citizen, Australian permanent resident, eligible New Zealand citizen, or in certain cases, a parent or guardian of your partner. The sponsor must meet the legal requirements to fulfill this role.
In addition to the sponsorship, you need to meet the health and character criteria set by the Australian government. This involves undergoing medical examinations to demonstrate your good health and providing police clearance certificates to verify your good character.
If you have dependent children or other dependent family members, they may be included in your visa application. However, they must meet specific requirements to be eligible for inclusion.

Expansion of partner visa eligibility in Australia

If your visa has been refused or cancelled since your last visit to Australia, you may still be eligible to apply for a Partner visa. This is because Partner visas are not subject to the restrictions imposed by Section 48 of the Migration Act 1958 (Act), which limit the ability to apply for certain visas while in Australia.

Section 48 of the Act prohibits individuals from applying for most visas while they are in Australia if their previous visa application was refused or their visa was cancelled. However, there are exceptions to this restriction for specific visa classes, such as the Protection visa or a Bridging visa.

Fortunately, the Partner visa is one such exception. Even if you have experienced a visa refusal or cancellation, you can still apply for a Partner visa while you are in Australia.

To be eligible to lodge an application for a Partner visa in Australia, you must meet several requirements, including the following:

You must not have had a partner visa refused since your last entry into Australia.
You must not have had a visa refused or cancelled on character grounds under section 501 of the Act.
You need to provide a completed and signed Form 40SP Sponsorship for a partner to migrate to Australia. This form must be filled out by an Australian citizen, Australian permanent resident, or eligible New Zealand citizen who declares themselves as your spouse or de facto partner.
You must provide two statutory declarations from Australian citizens, Australian permanent residents, or eligible New Zealand citizens (excluding your partner). These declarations should support the existence of your relationship with your partner and must be made within six weeks before submitting the Partner visa application.

These are some of the essential requirements for lodging an application. There are additional criteria that need to be met, and your application will be assessed based on the legislative requirements, similar to all other Partner visa applicants who apply in Australia.

Visa Subclass

Partner (Provisional and Migrant Visa) (SUBCLASS 309/100)

The Partner (Provisional and Migrant) visa, subclass 309 and 100, provides the opportunity for individuals who are either married or in a de facto relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia.

This visa consists of two stages: the provisional 309 visa and the migrant 100 visa. The provisional 309 visa is initially granted, allowing the applicant to reside in Australia for a temporary period of two years. During this time, the applicant can apply for the migrant 100 visa, which is a permanent visa.

The provisional 309 visa serves as a pathway towards the permanent migrant 100 visa, providing an opportunity for the applicant to establish and maintain their relationship with their partner in Australia

Eligibility Criteria

For Partner (Provisional) (Subclass 309)

You must be outside of Australia both when lodging the visa application and when the decision is made.
You need to be the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
You must be at least 18 years old at the time of applying for the visa, regardless of whether you are the spouse or de facto partner.
If your partner is under 18 years old, you must have a sponsor who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen and is the parent or guardian of your partner.
Meeting health and character requirements is necessary for the visa application.
It is important to have repaid any outstanding debts to the Australian government, if applicable, before the visa is granted.

For Partner (Migrant) (Subclass 100)

Possession of a valid temporary partner visa (subclass 309).
Maintenance of an ongoing marriage or de facto relationship, unless there are exceptional circumstances.
Compliance with all Australian laws and the specific conditions imposed on the temporary 309 visa.

Partner Visa (SUBCLASS 820 AND 801)

The Partner visas (subclass 820 and 801) provide an opportunity for individuals who are married or in a de facto relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to reside in Australia.

The initial stage involves the temporary partner 820 visa, which permits the applicant to live in Australia for a period of two years. Within this timeframe, the applicants have the option to apply for the permanent 801 visa if they desire to establish permanent residency in Australia.

Eligibility Criteria

For Subclass 820

Age requirement: You need to be 18 years or older at the time of applying for the visa.
Residency requirement: You must be present in Australia both at the time of visa application lodgment and when the visa is granted.
Sponsorship: You must have a sponsor who is your spouse, de facto partner, or, in the case of applicants under 18, the parent or guardian of your partner. The sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
Health and character requirements: You must meet the health and character criteria set by the Australian government.
Financial obligations: You should have no outstanding debts to the Australian government, or if you have any, arrangements must be made for their repayment.

**Note: If your spouse or de facto partner is under 18, you may be sponsored by their parent or guardian, provided they are an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.

For Subclass 801

Possession of a valid temporary partner visa (subclass 820).
Continuation of the relationship with your spouse or de facto partner, except in cases where the relationship has been terminated under special circumstances.
Compliance with all Australian laws and the specific conditions imposed on the temporary 820 visa.
Absence of any visa cancellations or refusals while residing in Australia on the temporary 820 visa.

Prospective Marriage Visa (SUBCLASS 300)

The prospective marriage visa (subclass 300) is designed for individuals who are engaged to be married to an Australian citizen, Australian permanent resident, or eligible New Zealand citizen and intend to marry in Australia.

This visa permits the applicant to reside in Australia for a duration of 9 months, during which they have the opportunity to apply for the Partner visa (subclass 820 and 801) within that timeframe. The Partner visa pathway allows for a transition from the temporary prospective marriage visa to a more permanent residency status in Australia.

Eligibility Criteria

For Visa Applicants

Age requirement: You need to be 18 years old or older.
Residency requirement: You must be outside of Australia both when lodging the visa application and when the visa is granted.
Relationship criteria: You must meet the requirements for a genuine and ongoing intention to marry your fiance/fiancee who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
Sponsorship: You must be sponsored by your fiance/fiancee.
Health and character requirements: You must meet the health and character criteria set by the Australian government.
Financial obligations: You should have no outstanding debts to the Australian government, or if you have any, arrangements must be made for their repayment.

For Sponsors

Relationship requirement: You must be the fiance of the visa applicant, intending to marry them in Australia.
Visa history: You must not currently hold or have previously held certain visas that restrict sponsorship eligibility, as outlined by the Australian government.

As a sponsor, you must also take the responsibility for

Financial obligations: You, as the sponsor, are not responsible for any debts your fiance may owe to the Australian Government.
Employment obligations: Your fiance’s employment obligations in Australia are not directly related to the sponsorship of a prospective marriage visa.
Compliance with visa conditions: As the sponsor, you are not directly responsible for ensuring your fiance’s compliance with the conditions of their visa. However, it is important for both you and your fiance to understand and adhere to the visa conditions to avoid any issues with the visa application or ongoing stay in Australia.

My Visa Guide is an experienced Australian immigration agency. Our team of trained and professional staff members possesses the expertise to handle each visa application with thoroughness and attention to detail.

Get in touch with us for all types of partner visa to Australia and see for yourself what we can do for you!

Partner Visa

Following are the types of relationship and the visas that correspond to them:

Subclass Partner Visa

Let us have a cursory look at the partner subclass visas based on your location at the time of application:

Prospective Marriage Visa (Subclass 300)

General Terms and Conditions

Following are some general requirements to be eligible for applying this visa:

Expansion of partner visa eligibility in Australia

Visa Subclass

Partner (Provisional and Migrant Visa) (SUBCLASS 309/100)

Eligibility Criteria

Partner Visa (SUBCLASS 820 AND 801)

Eligibility Criteria

Prospective Marriage Visa (SUBCLASS 300)

Eligibility Criteria

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