Australian Partner Visa Application

If you are the partner of an Australian citizen, permanent resident or eligible New Zealand citizen, you can apply for a spouse visa that allows you to live and work in Australia. You do not need to be married when you apply, but you must be committed and genuine and you will be expected to provide evidence of your shared life together to be granted an Australian Partner Visa.

Each couple has varying arrangements in their relationship, and so it is crucial your case is presented in the right way. As specialist immigration lawyers we can help you negotiate the process and advise you on the documentary evidence you must put forward to support your application. As well as meeting the criteria for the visa you are applying for, you must also meet health and character requirements by providing suitable certification from a doctor and the police.

What Documentary Evidence is Required for an Australian Partner Visa?

If you are not married, you must be able to demonstrate that you have a de facto relationship and that you live together as a couple with shared commitments and personal lives. The supporting documents you need to supply may include:

• Finances – Evidence of shared financial obligations and that you have both contributed financially to living expenses, such as rent, household bills, etc.
• Social – Proof of a shared social life, including tickets, photographs, your network of friends.
• Your Commitment to Each Other – Proof that you have combined your personal lives and you know about your partner’s background and family.
• Future Plans – Evidence of your plans for the future together.

Each couple has varying arrangements in their relationship, and so it is crucial your case is presented in the right way. We can help you negotiate the process and advise you on the documentary evidence you must put forward to support your application.

What are the Different Australian Partner Visas?

Australian Partner Visas or Spouse Visas are initially granted on a temporary basis and lead to a permanent visa if the conditions are fulfilled. There are two different routes depending upon whether you are applying from Australia or overseas.

The process of obtaining a spouse visa can often be a lengthy process and is affected by several factors, such as the number of applications, the complexity of your case and whether the yearly allocation quota has been reached.

If you have decided to relocate to Australia, you should start your application as soon as you can. Be sure to seek guidance from a specialist in immigration law to ensure your Australian Partner Visa is not delayed or refused because you haven’t supplied the correct information.

Partner Visa subclass 309 and subclass 100 is for applications from overseas.

Subclass 309

• The 309 Visa is a temporary visa until your permanent 100 Visa is granted
• Processing times – Current processing times are less than 6 months however can take up to 23 months
• Cost—From $7,850 (includes fee for permanent 100 Visa application)

Subclass 100

• The 100 Visa is permanent, but you must hold a 309 Visa to apply
• You can apply for this visa no sooner than 2 years after you are granted a 309 Visa
• The relationship with your Australian partner is greater than 3 years (or 2 if you have a child together)
• Processing times— Current processing times are less than 6 months however can take up to 23 months

Partner Visa subclass 820 and subclass 801 is for applications made in Australia

Subclass 820 (The Australian Temporary Partner Visa 820)

• The 820 Visa is a temporary visa until your permanent 801 Visa is granted
• Processing times – Current processing times are less than 6 months however can take up to 23 months
• Cost—From $7,850 (includes fee for permanent 801 Visa application)

Current processing times are less than 6 months however can take up to 23 months

Subclass 801 (The Australian Permanent Partner Visa 801)

• The 801 Visa is permanent, but you must hold an 820 Visa to apply
• You can apply for this visa no sooner than 2 years after you are granted an 820 Visa
• The relationship with your Australian partner is greater than 3 years (or 2 if you have a child together)
• Processing times— Current processing times are less than 6 months however can take up to 23 months

The Fiancé or Prospective Marriage Visa (subclass 300) is another option open to applicants who intend to marry their prospective spouse before the visa period ends. Once granted, the visa allows you to work, study and stay in Australia between 9 and 15 months. You must:

• Be outside Australia when you apply
• Intend to marry your prospective spouse prior to the visa expiring
• Apply for a subclass 820 and 801 Visa after your marriage and before your visa expires if you and your spouse intend to live in Australia.
• Processing times— Current processing times are less than 6 months however can take up to 23 months
• Cost—From $7,850

Find out more about Australian Partner Visas

Ensure your Australian Partner Visa has the best chance of success. HCM Legal’s team of experienced immigration lawyers in Brisbane have years of experience and offer you a dedicated and personalised service to help you achieve your goal of living in Australia.