Partner Visas – (820/801, 309/100 & 300)

If you are in a relationship with an Australian Citizen or Permanent Resident (PR), a direct pathway to securing PR yourself, is through sponsorship under a partner visa.

Onshore Partner Visa

The 820/801 visa is the onshore variant of the Australian partner visas and generally requires the applicant to have been in a relationship with an Australian for a minimum of 12 months, or alternatively be married to their Australian partner.

The onshore partner visa is an application for 2 separate visas (subclasses 820 and 801) at the time of lodgement with the Department of Home Affairs (DHA). The 820 visa is a temporary visa with full work rights and a multiple travel facility to permit the visa holder to travel to and from Australia before a decision on the permanent 801 is made.

An applicant for the onshore partner visa become eligible for the permanent stage of the visa (801), 2 years after initially applying for the visa.

The visa application charge for the partner visa is currently ~ $7,000. This is a key reason why it is important to seek advice before making an application to ensure that you and your partner are eligible and can make a successful application.

Offshore Partner Visa

The 309/100 offshore partner visa has almost identical requirements to the onshore variant.

The major difference being that in order to submit a valid offshore partner visa application, the applicant must be outside of Australia at the time the application is made. For this reason, the offshore partner visa is often the only option for applicants that are unable to secure a preliminary visa to Australia before submitting their partner visa onshore.

Prospective Marriage Visa

Another suitable option for applicants in a relationship with an Australian Permanent Resident or Citizen is the prospective marriage visa (subclass 300). This visa is suitable for applicants that are intending to marry their Australian partner and is a great alternative to the offshore partner visa, especially for couples that have not been in a relationship for a minimum of 12 months, or who do not have significant supporting evidence of their relationship. Like the offshore partner visa, the prospective marriage visa must be applied for from outside Australia.

This visa is a temporary visa that is valid for 9 months. During that time, the visa holder must marry their Australian partner, after which they will be eligible to apply for the onshore partner visa.

The long processing time for the partner visa (2 years +) can amplify the effects of making an incomplete or invalid application.

If you and your partner are considering making a partner visa application under one of the above streams, MAPS recommend speaking with a registered migration agent to confirm eligibility and for a discussion of lodgement strategy. To arrange your consultation, please contact us on 1300 899 734 today.