What is a Partner Visa? 29 Questions Answered

What is a Partner Visa?

A Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live and work in Australia. There are three Partner Visa types or pathways. This includes the onshore Partner Visa subclass 820/801, the offshore Partner Visa subclass 309/100, and the subclass 300 Prospective Marriage Visa. 

Note: the subclass 300 Prospective Marriage Visa allows the fiancé (or fiancée) of an Australian citizen, permanent resident, or eligible New Zealand citizen travel to Australia to marry and apply for permanent residence. In this way, the Prospective Marriage Visa acts as a stepping stone to Partner Visa eligibility for couples who might not otherwise meet the criteria for a Partner Visa.

How does a Partner Visa work?

Partner Visas are a two stage process consisting of a temporary visa followed by a permanent visa. However, there are many, many variations to a couple’s unique Partner Visa journey. The process you follow will depend on whether you’re onshore or offshore at the time of your application, the nature of your relationship, how long you’ve been in a relationship, whether you and your partner have children, and so on. 

Most couples will submit their Partner Visa application and be granted their temporary visa (the subclass 820 or subclass 309) first. After a two year wait period from their initial lodgement day, the permanent visa (the 801 or 100) can be granted. There is a separate administrative process to provide documents and information at this stage. In some cases you may need to first apply for a Prospective Marriage Visa before proceeding to the onshore Partner Visa. In other cases, a couple may be granted their temporary visa and permanent visa at the same time – we call this a dual grant or a double grant.

Who can apply for a Partner Visa?

Visa Applicants can apply for a Partner Visa if they are the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen. The Visa Applicant must also be able to demonstrate they are in a genuine and continuing relationship with the Sponsor to the exclusion of all others.

Can I bring other family members on my Partner Visa?

Children can be included as secondary applicants, however strict requirements apply in relation to consent of the other biological parent, age limits depending on the type of visa you apply for as well as being able to prove dependency for children over the age of 18.

How much does a Partner Visa cost?

A Partner Visa currently costs $9,365 for the application alone, however, this does cover both the Stage 1 and Stage 2 applications. There are a number of additional expenses involved in the Partner Visa process including fees for police clearances, a visa medical examination, and more. If you apply for a Prospective Marriage Visa, the base application fee of $9,365 remains the same, but there is a concessional fee when it comes time to submit the onshore Partner Visa.

Of course there are also a number of costs you’ll need to be prepared for that aren’t directly related to the visa application itself. This includes the cost of flights and getting settled in Australia (if you are currently offshore), the costs of supporting your partner during any periods they may not have work rights, and so on. 

For more on this, I recommend you read our full length post detailing the costs of a Partner Visa.

How long does it take to get a Partner Visa?

I wish I could give you a more specific answer to this one. The truth is, there are far too many factors that impact processing times to provide any general range. The Department has a visa processing time tool that acts as a guide, but keep in mind advertised processing times are constantly changing. 

Some factors that impact processing time for your application include

• How straightforward or complex your case is
• Whether you provide all documents upfront or wait for the Department to request documents
• Where your application is being processed

What do I need to apply for a Partner Visa?

To apply for a Partner Visa, you’ll need to complete the application itself, undergo a medical examination, pass the character test, and of course provide documentation to demonstrate the nature of your relationship meets the criteria. 

For more specifics, I recommend you read our post about Partner Visa Checklists where I discuss more about the documents you’ll need for your application and why you should be careful with checklists you find online (or from friends).

How many points do I need for a Partner Visa?

None! There is no point system for Partner Visas. This is part of what makes a Partner Visa so complex – it’s totally subjective and ultimately up to the human decision maker to determine whether you meet the evidentiary threshold.

Do I need to take an English test?

No, you do not need to take an English test as part of your Partner Visa application. Did you know if your partner has limited English skills they may be eligible to enrol in free English classes under the Adult Migrant English Program (AMEP)?

Do we need to be married?

No, you don’t need to be married to apply for a Partner Visa, however if you aren’t married you will be assessed under the de facto criteria. This can include couples who are engaged or have registered their relationship within Australia. For more information read my full blog about the de facto requirements.

Note: it’s a common misconception that getting married means your spouse can travel to Australia without a visa. Unfortunately that’s not the case.

How long do we need to be in a relationship before applying?

How long you need to be in a relationship before applying depends on your relationship status. Under the de facto criteria, you will usually need to demonstrate your de facto relationship has existed for at least 12 months immediately prior to the date you apply. 

In some cases, the 12 month de facto requirement may be waived, for example where the relationship is registered with an approved State or Territory body or compelling circumstances exist. It is important to remember, a waiver of the 12 month rule for registering doesn’t change the evidence threshold or level of commitment required. It’s important to understand the distinction between a de facto relationship and a dating relationship (again, I’ll refer you to my full post about the de facto requirements). It’s best to consult a professional if you aren’t sure about how your relationship meets this criteria.

Should we register our relationship?

It’s very popular advice on the internet that couples who aren’t married should register their relationship before applying for a Partner Visa. If you’re considering going this route, I highly recommend getting some advice first.

While it can be advantageous in some cases, the certificate alone is not sufficient evidence that you are in a de facto relationship. Moreover, there are legal ramifications of registering your relationship (e.g. in relation to taxation, property and division of assets), so it’s important for you to understand those impacts should you decide to register your relationship. 

The honest truth is that many couples don’t need to register their relationship to meet the eligibility criteria and doing so has little to no impact at all on their Partner Visa application.

Who is the Sponsor and who is the Applicant?

The Sponsor is the Australian citizen, permanent resident, or eligible New Zealand citizen. The Applicant is the Sponsor’s partner: the non-Australian or eligible New Zealand citizen.

How much money do I need to have in my bank account?

There is no requirement to hold a specific amount of money in your bank account. You will need to ensure you have the necessary funds to pay the Visa Application Charge as well as the other fees associated with the application.

Does the Sponsor need to meet income requirements?

No, there is no fixed income or employment requirements to sponsor your partner., However, the Sponsor will need to ensure they are able to financially support the Visa Applicant if required in line with the sponsorship undertakings.

What obligations does the Sponsor take on for a Partner Visa?

Sponsors have obligations to assist the visa applicant to the extent necessary, financially and in relation to accommodation. This is to ensure they are able to establish themselves in Australia without undue hardship. This obligation extends for 2 years from the date the visa is granted or from the date of arrival in Australia.

What if my Sponsor has previously sponsored someone else?

If your Sponsor has previously sponsored someone else, it’s best to get advice from a professional before proceeding. There are limitations if you have previously sponsored more than one other person, as well as wait periods between applications that may impact your prospects of success. Limited exemptions are available depending on your circumstances.

What rights do I have if I’m on the Temporary Partner Visa?

On your temporary Partner Visa, you have the right to live (as a temporary resident), work, and travel to and from Australia. You may also have access to government services including Medicare.

Can I work on a Partner Visa?

Yes, your Partner Visa will grant the right to work in Australia and this can include self employment. It’s important to clarify if you are already in Australia on a different visa when you apply, your work rights whilst waiting for your Partner Visa to be processed will vary depending on your individual circumstances. It’s easy to get confused particularly when Bridging Visas become involved, so if you’re not sure about your work rights at any given time, it’s best to consult an immigration professional.

Can I access Medicare or government services while waiting for my Partner Visa?

If you are in Australia, you may be eligible to access government services such as Medicare while your Partner Visa is processing. This depends on the specifics of your circumstances. It’s best to enquire with the appropriate government office for the service or benefit you would like to access.

Note: waiting periods apply to receive most government payments such as paid parental leave.

Can I apply for a Partner Visa if I’m already in Australia on another visa?

Yes! In most cases where you hold a substantive visa (basically any visa that isn’t a Bridging Visa, criminal justice visa or an enforcement visa) and it is not subject to any blocking conditions (such as the condition 8503) you can apply for a Partner Visa while you are in Australia. If you hold a Bridging Visa, or you have a blocking condition you might still be eligible, but it’s best to seek advice first as there are additional criteria that will need to be satisfied such as applying for a waiver. 

Do I need to continue on my current visa if I apply for a Partner Visa?

This one sets off alarm bells in my brain. Lodging a new visa does not automatically override your existing visa so you need to plan ahead and continue to abide by the original visa conditions until such time that the visa expires. If you are transitioning to a Bridging Visa, make sure you understand the conditions and when it is active. If you’re considering withdrawing or cancelling your current visa, you absolutely need to get professional advice first. A visa cancellation can come with some pretty major repercussions, impacting your visa status and work and travel rights, so it’s not something to be taken lightly.

Can I apply for a Partner Visa if I have a criminal record?

When it comes to Partner Visa applications, not all blemishes on your criminal record are created equal. That is to say, it depends. All visa applicants are required to pass the character test and you will need to declare any past convictions or pending charges. Where criminal history exists you’ll need to provide an explanation. Most applicants will pass the character test and have their visa granted, provided they have not been sentenced to any terms of imprisonment for 12 months or more, however, the nature and severity of the offence as well as any sentence imposed and any patterns of offending are all relevant considerations.  

It’s important to note that both the Applicant and Sponsor will need to provide police clearances. That means a Partner Visa applicant can be refused due to the Sponsor’s criminal history even if the Visa Applicant is squeaky clean. If you  or your partner have any type of criminal history it’s best to seek advice on how this may impact your application before you apply.

Can I apply for a Partner Visa if one of us is still married to someone else?

In some cases you may be able to apply for a Partner Visa if either you or your partner are still legally married to someone else. This is a significant complexity and requires expert strategy and management for your application. If this is you, we advise you engage in the services of a professional.

What if my Partner Visa gets refused?

If your Partner Visa is refused, it’s important to get advice from a professional urgently. In some cases, you may be able to appeal the decision within a limited window of time. In other cases, it may be preferable to lodge an entirely new application. For more about visa refusals, you can read our full post here.

What if my relationship breaks down during the Partner Visa process?

Unfortunately relationships sometimes break down, and if you’re in the middle of the Partner Visa process, this can be especially stressful. In some circumstances, you may still be eligible for a visa grant and to remain in Australia such as if you and your partner have a child together or if you’ve experienced family violence. I discuss all of this and more in my blog post about relationship breakdowns.

Where can I get help with my Partner Visa?

There are two types of professionals that can provide you with advice on your Partner Visa: a Registered Migration Agent or an Australian Legal Practitioner with a valid practicing certificate. There is a difference and it can be confusing, so here’s a quick rundown on each. 

A Registered Migration Agent (RMA) has recognised qualifications specifically in Australian Migration Law. They are registered with the Office of the Migration Agents Registration Authority (OMARA) and will have a Migration Agent Registration Number (MARN). You can look up any Registered Migration Agent on the OMARA website using either their name or MARN.

A Legal Practitioner may also refer to themselves as an Immigration Lawyer. This includes lawyers or solicitors that have met the educational and practical requirements to practice law and who are registered with the relevant State or Territory Body. Unlike Registered Migration Agents, there is no requirement for Legal Practitioners to have undertaken studies specific to Australian Migration Law and they may also practice in other areas of law.  

If you plan to engage the services of either a Registered Migration Agent or an Immigration Lawyer, we recommend that you work with someone who has recent experience working with Partner Visas.

Do I need a migration agent or lawyer?

You can lodge your Partner Visa application without engaging a migration agent or lawyer, however, I cannot emphasise enough how important it is to at least get advice before you get started. Partner Visas are a complex legal process and you simply don’t know what you don’t know even if you research extensively. Getting advice from a professional upfront can help you avoid any mistakes or complexities that may result in significant stress and fees from a delay or a visa refusal.

How do I get started?

Step 1 is to book a Visa Consultation with us. During that consultation, we’ll identify the best Partner Visa pathway and strategy for your application, let you know what documents you’ll need for your application, and highlight any complexities that you may face. From there, you may choose to engage our services to prepare and manage your application or you may choose to lodge your application yourself. The choice is yours, but we’re here to point you in the right direction. If you’re ready to get started, get in touch today.

IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.