Partner visa australia

Prospective Marriage
(300 + 820 + 801)

Allows the visa holder to enter Australia on the condition that they marry their partner and apply for a residence visa onshore.

Partner Visa Offshore
309 + 100

For couples located outside of Australia at the time of application.

Partner Visa Onshore
820 + 801

For married or de facto couples who are located in Australia at the time the visa application is lodged.

Learn the strategies for a successful Partner Visa application

Australia's partner visa specialists with a 98.5% success rate

Don't risk a refusal, trust a professional- Your future together in Australia is safe with us. We pride ourselves on our high success rate 98.5% in Partner Visas.

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We dedicate time and attention to listen to your individual needs and develop tailored migration solutions and practical advice for now and the future
We believe in being upfront about our fees, to provide you with long term certainty regarding all aspects of the migration process and to avoid any nasty surprises at the end.

Palmer Migration Five Pillars to success

Mutual commitment

The evidence can be provided on how the couple is committed to a long-term relationship e.g Written Statements on knowing each others background, families, the terms of their wills, etc. 

FINANCIAL ASPECT

Evidence supporting joint financial liabilities including bank accounts, investments, and savings can be provided 

HOUSEHOLD ASPECT

The applicant needs to establish how they share joint household responsibilities. The evidence may include joint utility bills, lease agreements, mortgage,s etc.

SOCIAL ASPECT

The applicant needs to prove how society accepts them as a couple. The documents including photos, joint invitations to social events, joint travel and accommodation trips taken together, etc. 

DETAILED EVIDENCE

You need to provide as much evidence in each category as you can think. Anything that will support your claim about a serious. committed, and ongoing relationship.

At Palmer Migration, we have developed a detailed checklist that you can follow towards success 

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Partner Visa Apply Onshore 820 + 801

820 + 801 Partner Visa

The Partner (Temporary) visa (subclass 820) is for married or de facto couples who are located in Australia at the time the visa application is lodged. This is a temporary visa for the partner of an Australian citizen, permanent resident or eligible New Zealand citizen.

If granted, your partner can live, work and study in Australia for a two-year period while the decision regarding permanent residency is pending.

The Partner (Migrant) visa (subclass 801) is a permanent visa for the partner of an Australian citizen, permanent resident or eligible New Zealand citizen. This application is made at the same time as the temporary visa application. If granted, your partner will be able to remain permanently in Australia.

    • Spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, or
    • Fiancé of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, or
    • De facto partner (including same-sex relationships) with an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
  • Be 18 years or older at the time the application is submitted.
  • Be of good health and character. Have been in a de facto relationship for more than 12 months (if relevant).
  • Can provide evidence of a legal marriage (if relevant).

Step 1: Apply Temporary visa SUB 820 – Partner (provisional)

You and your Australian partner:

  • Are legally married; OR
  • Have been in a de facto relationship for at least the entire 12 months prior to lodging your application; AND
  • Are in Australia when you make an application.

Step 2: Permanent visa SUB 801 – Partner (migrant)

Two years after first applying for the SUB 820 visa, you:

  • Are still in the relationship with your Australian partner (sponsor); AND
  • Provide the required documentation.

 

  • stay in Australia until we decide your permanent Partner (Migrant) visa (subclass 801) or that application is withdrawn
  • work in Australia
  • study in Australia (you will not receive government support)
  • travel to and from Australia as many times as you want
  • attend up to 510 hours of free English language classes provided by the Adult Migrant English Program
  • enrol in Australia’s public health care scheme, Medicare

In certain circumstances, your application will be condensed into a single step. In this case, if your application is successful, you will be granted a subclass 801 permanent residence visa at step 1. 

This will occur if you have been in a long-term relationship with your Australian sponsoring partner. ‘Long-term’ is defined as being a minimum period of:

  • 3 years; or
  • 2 years if there is a dependent child of the relationship.

Once you have determined that you meet the visa grant requirements for the partner visa, the next step is to ensure that you apply in the correct manner, in accordance with visa lodgement requirements.

Matters such as where you are located at the time of lodgement and the method of applying are very important to get right. If you do not lodge according to requirements, your application will be deemed to be invalid and you will need to re-apply (note that your situation may have changed by then, for example, your visa status, which may affect a subsequent application). 

You must be onshore when applying for the subclass 820/801 visa and submit the application online, together with specified documents addressing visa grant requirements, to demonstrate that you are eligible for visa grant. The online portal also allows you to receive correspondence from the Department relating to your application and to advise the Department of changes to your circumstances, etc. If you engage a migration agent or immigration lawyer to lodge your application on your behalf, they will manage this process for you.

Your Australian partner must also lodge a sponsorship form and submit specified documents, as required, using the same online system.

The type of evidence you will need to provide includes the following:

  • Identity documents (e.g. passport and birth certificate)
  • Character documents (e.g. police clearances)
  • Relationship evidence documents (see below)

Documents must be provided to address each relationship aspect, as discussed above. Other documents required include:

  • Marriage Certificate or Relationship Registration Certificate, where applicable
  • At least two Form 888’s (these are statutory declarations provided by supporting witnesses attesting that your relationship is genuine)
  • You and your partner should each provide a written statement or Statutory Declaration about your relationship, which covers the history and development of your relationship, as well as the relationship aspects discussed above.

 

The current application fees for lodging the combined subclass 820/801 visa application are $7715AUD (Main Applicant), Additional Applicants – $1935AUD (under 18 years), $3860AUD (ovr 18 years), Note that these fees are subject to change and you should confirm the costs that will apply to your application before you lodge.

Partner Visa Apply Offshore 309 + 100

309 + 100 Partner Visa

The Partner (Temporary) visa (subclass 309) is for couples located outside of Australia at the time of application. This is a temporary visa for the partner of an Australian citizen, permanent resident or eligible New Zealand citizen.

If granted, your partner can live, work and study in Australia for a two-year period while the decision regarding permanent residency is pending.

The Partner (Migrant) visa (subclass 100) is a permanent visa for the partner of an Australian citizen, permanent resident or eligible New Zealand citizen. This application is made at the same time as the temporary visa application. If granted, your partner will be able to remain permanently in Australia.

  • Be 18 years or older at the time the application is submitted.
  • Be of good health and character. Have been in a de facto relationship for more than 12 months (if relevant).
  • Can provide evidence of a legal marriage (if relevant).

A person can sponsor their partner provided they:

  • Are an Australian citizen, permanent resident or eligible New Zealand citizen.
  • Are aged 18 years or older.

Step 1: Apply Temporary Partner visa SUB 309 – Partner (Temporary)

You and your Australian partner:

  • Are legally married; OR
  • Intend to legally marry before a decision is made on your visa; OR
  • Have been in a de facto relationship for at least the entire 12 months prior to the date of application.

Step 2: Permanent visa SUB 100 – Partner (migrant)

Two years after first applying for the SUB 309 visa, you:

  • Are still in the relationship with your Australian partner (sponsor); AND
  • Provide the required documentation.
  • stay in Australia until we decide your permanent Partner (Migrant) visa (subclass 801) or that application is withdrawn
  • work in Australia
  • study in Australia (you will not receive government support)
  • travel to and from Australia as many times as you want
  • attend up to 510 hours of free English language classes provided by the Adult Migrant English Program
  • enrol in Australia’s public health care scheme, Medicare

If you are in a de facto relationship, you must prove to the Department that your relationship has continued for at least 12 months.

When you register their relationship in the following states and territories, this criterion could be waived:

  1. Victoria
  2. Tasmania
  3. New South Wales
  4. Australian Capital Territory
  5. Queensland

Every state stipulates their own requirements for registration of relationship. Some states require that at least one of the partners show evidence that he/she usually lives in the state that the relationship is being registered in.

When you are able to successfully register your relationship with the relevant state or territory in Australia, you must bear in mind that you are still required to show that you are in a “genuine and continuing” relationship through submitting other forms of evidence. The certificate alone cannot suffice as evidence to ensure a grant of your partner visa.

Where relationship registration is not possible and compelling and compassionate circumstances exist, the 12-month requirement may be waived. This does not include pregnancy.

Examples of compelling and compassionate circumstances include but are not limited to where:

  • the visa applicant has a dependent child from the relationship;
  • de facto relationships are illegal in the country where the visa applicant or both the visa applicant and Australian partner sponsor reside.

The application process involves two stages. The first
stage for the grant of a temporary partner visa (subclass
309) involves an assessment of your relationship. The
temporary partner visa will allow you to travel to, enter
and remain in Australia until your permanent partner visa
(subclass 100) is processed.

This second stage
assessment usually occurs more than two years after the date of your application.

Visa application charges are paid directly to the Department of Home Affairs.

The visa application charge for the main visa applicant is $7715.

Dependents applicants over 18 incur an additional visa application charge of $3860.

Dependents applicants under 18 incur an additional visa application charge of $1935.

Note that although this application charge is for a combined subclass 309/100 visa application, you may still be expected to submit further application forms and updated evidence once you qualify for your second-stage subclass 100 partner visa.

Prospective Marriage Visa 300

Prospective Marriage Visa 300

The Prospective Marriage Visa (or fiancé visa) is a 9-month temporary visa which allows applicants to travel to Australia to marry their Australian partner. Once married, you would look at applying for a partner visa to obtain your permanent residence within the visa validity.

It is valid for nine months from date of grant, during which you are expected to marry your sponsor. You will be entitled to full work rights for the duration of this visa. Once you are married, you will be eligible to apply for permanent residence through a partner visa.

In order to be eligible for this visa, you must meet the following criteria:

  • Be engaged to an Australian citizen, Australian permanent resident or eligible New Zealand citizen
  • Intend to get married within the nine months of the grant of the visa, then live in a spouse relationship together
  • You and your fiancé have met, in person, and are personally known to each other
  • Both you and your fiancé must, in general, be aged 18 years or over
  • Meet health and character requirements

Once your initial partner application is granted, you will be entitled to:

  • Enter Australia before you marry your prospective spouse
  • Leave and re-enter Australia as many times as you like within the nine-month validity period
  • Work in Australia with unrestricted work rights
  • Study in Australia, but you will not have access to government funding for tertiary study
  • Apply for a Partner visa (subclass 820 or 801) upon marrying your fiancé within 9 months

There are several sub-steps involved in proving a real intention to marry your partner, which is one of the key factors towards a successful Visa Subclass 300 grant:

* You need substantial evidence documenting all the necessary wedding arrangements for the ceremony taking place AFTER you first enter Australian territory.

* An authorized marriage celebrant needs to sign and date a formal letter, on letterhead, confirming the official date and venue of your ceremony.

* Under Australian law, you also need to lodge a NOIM (Notice of Intention to Marry) with an authorized marriage celebrant. This NOIM has to be filed no less than one month and no more than 18 months before the proposed marriage date.

* The NOIM is valid for eighteen months.

* There is no need to officiate the wedding on Australian soil. However, if you do choose to marry overseas, you still need to enter Australian territory BEFORE the marriage.

* If you got married offshore, you must also come back to Australia within the valid visa period of nine months, to lodge the 820/801 Subclass combined application. Also, you want to make sure that your overseas marriage is considered valid under Australian law.

Finally (and most importantly), if you marry your partner before the Department of Immigration makes an official ruling, you won’t be eligible anymore for the Subclass 300 Visa.

If this were to happen, you need to notify the Department of Immigration immediately. Also, you must withdraw your Subclass 300 Visa application and reapply for a new subclass visa. If you don’t follow these steps, they will utterly refuse your Subclass 300 Visa Application.

You must enter Australia on the Prospective Marriage visa before the date specified on your grant letter.

You must have married your prospective spouse before your Prospective Marriage visa expires.

You can get married in Australia or any other country. Your marriage must be valid under Australian law.

  • 75% of applications in 19 months
  • 90% of applications in 21 months

Your application might take longer to process if:

  • you do not fill it in correctly
  • you do not include all the documents the department need or they need more information from you
  • it takes the department time to verify your information

The visa costs AUD7,715 for the main applicant.

There is also a fee for each family member who applies for the visa with you.

You might also have to pay other costs for health checks, police certificates and biometrics.

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Client Testimonials

Jessy and Brian Lally

Best in the industry, Made the process stress free. The most comprehensive and responsive service available

John and Belinda Quinn

Really helpful and professional service. Kept us informed through the whole process and provided professional advice.

Ashley and Brian Cage

We are so happy that chose Palmer Migration for our Partner Visa. They were always there to answer any of our questions and made the visa process stress free. We highly recommend Palmer Migration and Education Services

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