Anyone who is an Australian citizen, permanent resident or eligible New Zealand may be able to sponsor their spouse or de facto partner for a partner visa which will allow them to live and work in Australia. The partner visa process can be long and complicated, so it's important to be aware of the requirements and key aspects before you begin. In this article, we will discuss the key requirements for partner visas, as well as the steps involved in the application process. So whether you are applying for a visa yourself or helping a loved one apply, make sure to read on!

Who can apply for a partner visa?

If you're the spouse or de facto partner of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen, you could potentially be eligible to apply for a partner visa. Now, here is where it gets a bit technical.

When you apply for a permanent partner visa, you are actually applying for two visas at once. The first visa is what's known as an onshore Subclass 820 or offshore Subclass 309 Partner Visa. This is a temporary visa that allows you to live and work in Australia while your permanent partner visa is being processed. Getting this visa is the first step toward getting the second visa, also known as the Subclass 801 or Subclass 100 Permanent Partner Visa.

What are the requirements for a partner visa?

There are three main requirements that you must meet in order to be eligible for a partner visa:

• You must be in a genuine and committed spousal or de facto relationship with your partner

• Your partner must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

• You must meet the health and character requirements

You will also need to provide strong evidence of your relationship, such as documents showing you are married or living together, joint financial statements, photos of you together, and statutory declarations from friends or family attesting to the relationship. Now that we've gone over the key requirements, let's take a look at how one goes about applying for an Australian partner visa.

The onshore partner visa application process

There are four main steps in the onshore partner visa application process:

• Lodging a partner visa application

• Undergoing health and character checks

• Being granted a Temporary Partner Visa (Subclass 820)

• Being granted a Permanent Partner Visa (Subclass 801)

The first step is to lodge a partner visa application while you are in Australia. This can be done online or by post, and you will need to provide evidence of your spousal or de facto relationship, as well as the usual identification documents.

Once your application has been lodged, you will need to undergo health and character checks. The way this works is that you will be asked to provide police clearances from any country you have lived in for 12 months or more in the last ten years, as well as undergo a medical examination.

Assuming everything goes smoothly, you will then be granted a Temporary Partner Visa (Subclass 820). This allows you to live and work in Australia while your Permanent Partner Visa (Subclass 801) is being processed, which you will be eligible for after two years.

Finally, once your Permanent Partner Visa has been granted, you will be able to permanently live and work in Australia.

The offshore partner visa application process

If you are applying for an offshore Subclass 309 Provisional Partner Visa, there are a few requirements that you will need to be aware of. Firstly, you must apply for this visa while outside of Australia. Secondly, you will generally need to be outside of Australia when this visa is granted. While you wait for the visa to be granted, it is possible for you to apply for a visitor visa to travel to Australia in the meantime to spend some time with your spouse or de facto partner. Most other requirements for the offshore partner visa are identical to that of the onshore partner visa. If all the requirements are met, then you will be well on your way to being granted a Subclass 309 Provisional Partner Visa.

The Subclass 100 Permanent Partner Visa lets the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, live in Australia permanently. It is normally granted to people who already hold a Subclass 309 Provisional Partner Visa. The Subclass 100 Permanent Partner visa represents the final hurdle in this process, allowing many couples to eventually live, work and study in Australia together.

Thinking of applying for a partner visa?

See if you’re eligible and fill in our Partner Visa Pre-assessment form.

How much does it cost to apply for a partner visa?

The partner visa application fee has recently increased in price. The current visa application charge for both the onshore and offshore partner visa is $8,085 AUD, so applying to join or remain with your Australian partner can be quite costly. That's why it is important to make sure you meet all the requirements and have all your documents in order before you apply. However, it's also important to remember that this is a once-in-a-lifetime fee, and once you have your permanent partner visa, you will be able to live and work in Australia permanently. This will also put you on the path of one day becoming an Australian citizen.

There is also the option to pay a lower fee of $1,350 AUD for Prospective Marriage visa (subclass 300) holders. The way this works is that you first apply for the Prospective Marriage visa, which allows you to enter Australia and marry your partner within nine months. Once you are married, you can then apply for the onshore partner visa (Subclass 820/801).

How long does it take?

We understand that waiting for a decision on your application can be a stressful time. The below processing times indicate how long on average it is currently taking for an application to be finalised. However, please keep in mind that these processing times are only meant to be used as a guideline. All applications are assessed on a case-by-case basis, and complex cases may take longer to process.

According to the most recent data, 25% of onshore partner visa applications are finalised within six months, 50% within nine months, and 75% within 21 months. However, some applications may take longer to process. Complex partner visa applications may take 33 months or more to finalise, so it's important to be patient and work with a qualified professional to ensure that your partner visa application is strong, complete and accurate. 

Final thoughts

Anyone who has gone through the process of applying for a partner visa knows just how demanding and stressful it can be. There are long forms to fill out, it can be difficult understanding all the requirements and the paperwork can seem endless. However, the stakes are high, as a successful application is essential for being able to live with your partner in Australia. Fortunately, there are ways to ease the burden of the application process. One of the best things you can do is to use a registered migration agent. These professionals are experts in the field, and they can handle and manage the application for you. In addition, they can provide qualified advice and support throughout the process. As a result, using a registered migration agent is one of the best ways to increase your chances of success when applying for a partner visa.

While the process can be long and complicated, it is definitely worth it in the end. After all, what's more fulfilling than being able to permanently live and work in this great country and maybe someday becoming an Australian citizen?

At Titan Migration, one of our key areas of specialisation is partner visa applications. We have a strong understanding of the requirements, the process and are up-to-date with the latest changes to partner visa regulations and policy.

We believe in making the process less daunting and stressful for everyone. That is why we take the time to explain things in a clear and simple manner, and are happy to answer any questions about the process. If you're looking at applying for a partner visa, we encourage you to get in touch or book a consultation with us. We would be delighted to help make you and your partner’s dream a reality.

Speak to our registered migration agent today!

About Peter Chang

Peter Chang is a registered migration agent based in the Western Sydney hub of Parramatta, Australia. He is the co-founder of Titan Migration, a consultancy specialising in providing Australian immigration advice and visa assistance services.

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