A person who is the spouse or partner of an Australian citizen or permanent resident may apply for a visa from onshore or offshore on this basis. Under the Migration Act 1958, there are different classes of visas that may be available in this situation including different classes of partner visas and prospective marriage visas. This page outlines the different types of partner visas and their eligibility requirements.
What is a de facto partner?
Under section 5CB of the Migration Act 1958, a person is in a de facto relationship with another person if they are not married but:
- they have a mutual commitment to a shared life to the exclusion of all others
- the relationship is genuine and continuing
- they live together or do not live apart on a permanent basis
- they are not related by family (for example, siblings)
What is a spouse?
Under section 5F of the Migration Act 1958, a person is a spouse of another person if:
- they are validly married to that person
- they have a mutual commitment to a shared life as a married couple to the exclusion of all others
- the relationship is genuine and continuing
- they live with the person or do not live separately on a permanent basis.
Partner visa (309 and 100)
A partner visa (subclass 309 and 100) is a visa that must be applied for from offshore. The subclass 309 visa is a temporary visa, and the subclass 100 visa is a permanent visa. Both visas are applied for at the same time. If the temporary visa is granted, the holder will be assessed for the permanent visa at a later stage.
A person is eligible or this visa if they are in a genuine relationship as the spouse or de facto partner of an Australian citizen, permanent resident or New Zealand citizen.
The holder of the visa subclass 100 may live, work and study in Australia. They may leave and reenter Australia as many times as they want and will have access to Medicare.
Partner visa (820 and 801)
A partner visa (subclass 820 and 801) is a visa that must be applied for from in Australia. The subclass 820 visa is a temporary visa, which is valid for two years. The subclass 801 is a permanent visa that allows the holder to remain the Australia indefinitely. Both visas are applied for at the same time. If the temporary visa is granted, the holder will be assessed for the permanent visa at a later stage.
A person is eligible for this visa if they are the spouse or de facto partner of an Australian citizen or permanent resident, or a New Zealand citizen.
This temporary visa allows a person to live, work and study in Australia while waiting for a decision to be made on their permanent visa. They can obtain a Medicare card but cannot receive any government funding for study.
If a person applying for this visa has dependent children, they can be included on the application.
Prospective marriage visa (300)
A person who is engaged to an Australian citizen or permanent resident may apply for a prospective marriage visa from offshore. This allows them to come to Australia to marry their fiancé. They can then apply for a partner visa.
To apply for this visa, a person must be over the age of 18, be sponsored by someone in Australia and intend to marry before the visa expires. They must have met their intended spouse in person as an adult. However, there is no requirement that they marry in Australia. Applicants for this visa are usually persons who do not fit the criteria for a partner visa because they are not yet in a de facto relationship.
The prospective marriage visa is a temporary visa that is valid for nine months. An application for this visa takes 14 to 18 months to process.
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