Types of Partner Visas:

Age

Temporary Partner visa (Subclass 820, subclass 300 and subclass 309)

English language proficiency

Permanent Partner Visa (Subclass 801 and subclass 100)

Requirements for the Australia Spouse Visa

  • You must be either the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. It's worth noting that your partner can be of the same or opposite sex.
  • You and your partner must have a continuing and genuine relationship, where you have an obligation to share your life as partners to the exclusion of all others, regardless of whether you are legally married or in a de facto relationship.
  • You must have been in this relationship for at least one year, unless you are legally married.
  • Both partners must be over the age of 18 and meet the character and health criteria.
  • You must either live together or not live apart on a permanent basis.
Age

Australian Spouse Visa: Guidelines and Procedures

You can apply for an Australia Spouse Visa from within or outside Australia but applying from within Australia has advantages. After the initial application is approved, you will receive an Extended Eligibility Provisional Visa, which allows you to stay in Australia for 2 years and work. You may be eligible to apply for an Australia Permanent Resident Visa before the 2-year period if:

  • You have been in a relationship with your spouse for 5 or more years at the time of application
  • You have dependent children and your relationship with your spouse is 2 years old
  • Your spouse received a PR Visa through a Humanitarian program or a Protection Visa and had a relationship with you prior to the Visa approval, and the relationship was announced to immigration officials in Australia at that time
  • You can apply for the Australia PR Visa after the 2-year period if your relationship still remains valid.
  • You may be eligible for the PR Visa even if your relationship has ended before the 2-year period in some scenarios:

  • If your spouse has passed away during the period.
  • If you and your spouse have children below 18 years of age in Australia.
  • If you or your dependents have suffered from domestic violence during the period.
Age

Appropriate Work Experience

Subclass 300 Visa (Prospective Marriage)

The Prospective Marriage Subclass 300 Visa is a temporary visa for people who want to come to Australia to marry their fiancé(e). This is a temporary visa that lets you stay in the country for 9 to 15 months from the date your visa is granted. You can also work or study in the duration of the visa and travel to and from Australia as many times as you want. Additionally, you can apply for a Partner visa (subclass 820 and 801) if you and your spouse plan to settle in Australia, after you are married and before your Prospective Marriage visa expires. The prospective spouse must be an Australian citizen, permanent resident, or eligible New Zealand citizen to sponsor you. They cannot sponsor if they've sponsored someone else in the last 5 years or sponsored two people before. You must have met your prospective spouse and they must be above 18. You can include dependent kids and relatives. All applicants must meet character and health requirements.

Age

Partner Visa Subclass 309 and 100 Outside of Australia

The Provisional Partner Subclass 309 Visa allows married or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens to stay in Australia. Same-sex couples are also eligible. The application must be submitted from outside Australia and the applicant must remain outside until the visa is approved. The visa is a pathway to the Permanent Partner Subclass 100 Visa, with only one application needed for both visas. The processing is done in two stages, with a gap of approximately two years between them. The sponsoring partner must meet certain requirements and cannot have sponsored others recently. The visa allows the applicant to work, study, and enroll in Medicare in Australia until the permanent visa is approved. After obtaining the permanent visa, the applicant can stay indefinitely, work and study, apply for citizenship, sponsor relatives for permanent residency, and receive some social security payments.

Education Levely

Partner Visa Subclass 820 and 801 within Australia

The subclass 820 and 801 partner visa applications, which can be submitted within Australia, allow individuals who are legally married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand national to stay in the country. This also includes same-sex couples. Upon approval, the applicant must remain in Australia. The applicant's spouse must act as the sponsor for the visa, but if they have sponsored another person within the past five years or two people previously, they cannot sponsor the applicant. This visa is the initial step towards obtaining the Permanent Partner Subclass 801 Visa. With the Provisional Partner Subclass 820 Visa, the applicant can remain in Australia, work, study, apply for Medicare, and stay in the country until the Permanent Partner Subclass 801 Visa is granted.

Proof of Funds Statement

Processing times for Australia Partner Visas

Type of Visa Visa Application Processing for 90% of Applicants Visa Application Processing for 75% of Applicants
Permanent Partner Subclass 100 Visa 32 months 17 months
Prospective Marriage Subclass 300 Visa 32 months 18 months
Partner Provisional Subclass 309 Visa 32 months 16 months
Permanent Partner Subclass 801 Visa 23 months 14 months
Provisional Partner Subclass 820 Visa 37 months 17 months



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