Because of the popularity of partner visas, partnership visa requirements in Australia is a key topic under immigration law. This visa is for individuals who are in a committed relationship with an:
- Australian citizen
- Australian permanent resident; or
- Eligible New Zealand citizen.
Partner visas are either temporary or permanent. There basically 3 categories of partner visas in Australia. These include:
- Partner visa subclass 820 & 801
- Partner visa subclass 309 & 100
- Prospective Marriage Visa subclass 300
Among the above-mentioned visa subclasses, some are temporary partner visa while others are permanent partner visa. Depending on the visa type and subclass, the partnership visa requirements can vary in Australia.
Read on to learn more about the difference between the Australian partner visas, and about partnership visa requirements in Australia.
Differences in Australian Partner Visas
The Partner visas 820, 801, 309, and 100 are all types of visas available for individuals who are in a committed relationship with an Australian citizen, permanent resident or eligible New Zealand citizen. Each of these visas has different eligibility requirements and partner visa applications processes.
Partner Visa (Subclass 820/801)
The Subclass 820/801 Partner Visa is for individuals who are already in Australia and in a genuine and continuing relationship with an Australian citizen, permanent resident or eligible New Zealand citizen. The Subclass 820 is a temporary visa, and the Subclass 801 is a permanent visa.
Partnership Visa Requirements: Subclass 820/801
To be eligible for this visa, you must have been in a de facto relationship or married to your partner for at least 12 months prior to lodging your application. You must also provide evidence of your relationship and meet health and character requirements.
Partner Visa (Subclass 309/100)
The Subclass 309/100 Partner Visa is for individuals who are outside Australia and in a genuine and continuing relationship with an Australian citizen, permanent resident or eligible New Zealand citizen. The Subclass 309 is a temporary visa, and the Subclass 100 is a permanent visa.
Partnership Visa Requirements: Subclass 309/100
Similar to the subclass 820/801 visa, to be eligible for this visa, you must:
- Have been in a de facto relationship or married to your partner for at least 12 months. This is prior to lodging your application; and
- You must also provide evidence of your relationship and meet health and character requirements.
Prospective Marriage Visa (Subclass 300)
The Subclass 300 Prospective Marriage Visa is for individuals who are engaged to an Australian citizen, permanent resident or eligible New Zealand citizen and plan to marry in Australia. This is a temporary visa that allows you to enter Australia and marry your partner within 9 months of the visa grant date.
Partnership Visa Requirements: Subclass 300
To be eligible for this visa, you must:
- Be engaged to your partner and have met in person at least once since turning 18; and
- Provide evidence of your relationship and meet health and character requirements.
Partnership Visa Requirements
To apply for a Partner Visa, you must meet the following requirements:
- Be in a genuine and continuing relationship with your partner. This means that you and your partner must have a mutual commitment to a shared life together and be able to provide evidence of your relationship.
- You and your partner must meet the criteria for one of the following categories:
- De facto Partner Visa: If you are in a de facto relationship with an Australian citizen or permanent resident, you must have been in the relationship for at least 12 months prior to the visa application.
- Spouse Visa: If you are married to an Australian citizen or permanent resident, you can apply for a Spouse Visa.
- Prospective Marriage Visa: If you are engaged to an Australian citizen or permanent resident and plan to marry in Australia, you can apply for a Prospective Marriage Visa.
- You must be able to meet health and character requirements. You and any family members included in your application must also undergo health examinations and provide police certificates.
- You must be able to provide evidence of financial support. You and your partner must be able to demonstrate that you have sufficient funds to support yourselves and any dependents.
- You must also meet other requirements of the specific visa category you are applying for.
To satisfy health requirements, the applicants may need to undergo certain health tests. The DHA can then obtain the results of this health test that form a part of your application. This can include the medical examination 501.
Moreover, character requirements including submitting police clearance certificates from countries that the applicant has lived in for more than 12 months in the past 10 years.
Seek Legal Advice from Australian Immigration Lawyers
The main differences between all Australian partner visas are the location of the applicant at the time of lodging the application, the nature of the relationship (whether married or de facto), and the type of visa being applied for (temporary or permanent).
It is important to note that the application process for a Partnership Visa can complex and time-consuming. It is recommended that you seek the advice from an immigration lawyer to assist you with your application.
At JB Solicitors, we have a leading team of migration law experts who can help you with a range of visas and other related matters. If you have more enquiries, do not hesitate to contact our friendly team today.
If you are in the process of submitting your application and are looking for a partner visa checklist, click on this link to read our blog on the same.
Contact our solicitors for more information on partnership visa requirements, provisional partner visa, and partner visa application.
