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Securing a partner visa is often the gateway for many couples to start a new life together in Australia. These visas facilitate the reunion of couples, bridging the distance for those separated by international borders. Whether you are applying for a temporary or permanent partner visa, the process can be complicated. With the assistance of a reputable partner visa migration agent, you can streamline the application process and feel confident that you meet the necessary criteria.
If you are an Australian citizen, permanent resident, or eligible New Zealand citizen, you may sponsor your partner for a substantive visa. Each pathway, from a prospective marriage visa to the onshore partner visa, has its own nuances, so careful preparation is essential.
With the guidance of a registered migration agent, securing a partner visa becomes a much clearer path, ensuring your love knows no borders.
Our expertise in migration visas means we can help you prepare and submit your application quickly and efficiently.
Our experienced agents will give you regular updates and clear explanations of your visa options.
Our services are focused on achieving the best possible outcome for you, which means you’re always in safe hands.
Our fixed-fee quotes outline all costs prior to engaging our services.
If you are the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, you may qualify for a partner visa.
There are two main types of partner visas depending on your location when you apply:
Subclass 820 and subclass 801 are applied for in a combined application but have a few key differences. The subclass 820 visa is temporary, while the subclass 801 visa is permanent. Applicants first receive the temporary 820 visa and may become eligible for the permanent 801 visa after meeting all the requirements. The permanent visa grants unrestricted work and study rights, travel access, and Medicare benefits.
Typically, after two years on a subclass 820 visa, onshore partner visa applicants become eligible for assessment for the subclass 801 visa. Upon obtaining the subclass 801 visa, you attain Australian permanent residency and its associated benefits.
Navigating the application process for a partner visa can be complex, and it is essential to understand the requirements. Whether you are a de facto partner or legally married, seeking assistance from a reputable partner visa migration agent can streamline the process.
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Before submitting your application for a subclass 820/801 partner visa, it is crucial to understand the eligibility requirements. The criteria under the Migration Act 1958 require the following:
It is important to note that same-sex partners are also eligible to apply for this visa.
With a thorough understanding of the partner visa requirements, you can navigate the application process confidently, ensuring a smoother transition to life in Australia. Many foreign nationals find it helpful to speak with our registered migration agents about their partner visa eligibility. We can provide practical advice on how to best present your application for an Australian partner visa under various scenarios.
The primary benefit of a partner visa is the stability it provides for you and your sponsoring Australian partner. It allows you to build a future in Australia, fostering continuity even before obtaining permanent residency.
The partner visa also lays the foundation for a thriving life in Australia, characterised by stability, opportunity, and diversity. The opportunity to apply for a permanent visa removes much of the uncertainty for applicants, helping them feel secure in their future.
The partner visa application requires substantial documentary evidence to prove the genuine nature of your relationship and meet legislative requirements.
Every year, the Australian government rejects numerous partner visa applications due to insufficient evidence of a genuine relationship. The most important thing you need to prove is that you and your partner are in a genuine and continuing relationship, and this requires strong, consistent evidence. Failure to provide sufficient evidence is one of the key causes of partner visa refusals.
As part of the visa services provided by Australian Migration Agents, we will advise you on what information is required to successfully satisfy the genuine relationship requirement. This may vary depending on whether you are married or a de facto applicant. Evidence is typically assessed against four main aspects of your relationship:
To assist you, we help develop a comprehensive checklist encompassing all necessary documents to demonstrate the authenticity of your relationship and fulfil all legislative requirements for a partner visa. This often includes personal documents such as passports, birth certificates, and national identity cards, alongside extensive evidence supporting the four aspects listed above.
The onshore partner visa comprises two stages—the subclass 820 (temporary) stage and the subclass 801 (permanent) stage.
To apply for the subclass 820 visa, you must provide evidence demonstrating the genuineness and continuity of your relationship, along with other personal and character documents.
Upon approval, you receive a subclass 820 visa, which grants unrestricted living, working, studying, and travelling rights, as well as access to Medicare. You will generally hold this visa until you are eligible for the permanent subclass 801 visa.
After two years from the date you lodged your application, subclass 820 visa holders can be assessed for the subclass 801 visa, which requires updated evidence of an ongoing relationship.
Applicants in long-term relationships may be eligible for a combined, simultaneous grant of the 820/801 visa, subject to meeting specific criteria. This is often the case where the couple has been together for three or more years, or two or more years if they have a child together.
Australian Migration Agents can assist in preparing a thorough application to maximise your prospects of success.
After receiving the subclass 801 visa, you will be considered a permanent resident eligible for various benefits. After meeting residency criteria, you may choose to maintain permanent residency or apply for citizenship.
Remaining a permanent resident entitles you to a 5-year travel facility on your subclass 801 visa. If you opt for Australian citizenship, you gain additional benefits like consular services, visa-free travel to over 100 countries, and access to government jobs.
The team at Australian Migration Agents boasts lots of combined experience. We have a strong track record with partner visa applications and are equipped to handle complex cases. We are committed to providing access to justice by representing all clients in partner visa applications. Our team comprises qualified Australian migration agents leveraging their skills and experience to navigate the relevant legislation and improve success rates.
Here is how we can help:
The costs associated with a partner visa application include professional fees payable to Australian Migration Agents for preparing the application and the application charge payable to the Department of Home Affairs.
The visa application charge set by the Department of Home Affairs is the main government fee. This amount is subject to change, and it is crucial to verify the current cost at the time you intend to apply. The official Department of Home Affairs website provides a Visa Pricing Estimator tool to confirm the exact charge for your circumstances.
Our professional fees vary based on application complexity and are quoted on a fixed-fee basis, with flexible payment plans available. We offer affordable, customised pricing according to your needs. Book a free consultation for a quote.
The application process can be complex and time-consuming, with strict eligibility criteria and evidence required to support your application. A registered migration agent can help you gather the correct documents and improve your prospects of visa success.
Book a free consultation with one of our registered migration agents. We will discuss your situation and see how we can help you move forward.
Your migration agent will prepare a submission to support your application, tailored to your unique situation and backed by all the documents required. Once completed, we will submit your application to the Department of Home Affairs on your behalf.
We will notify you once the Department has made a decision. If the application is not successful, we can provide advice on your options, including a review of the decision.
Processing times for partner visas can vary significantly, ranging from several months to over two years from the application date. This timeframe depends on factors such as the complexity of your application, the quality of your evidence, and Departmental processing backlogs. Partner visa applicants often seek assistance from Australian Migration Agents to ensure their applications meet the highest standards, minimising the risk of delays.
It is important to note that not all visa applications are processed within the same timeframe. Various factors influence the Department's processing speed. Applicants can take proactive steps to improve their application's chances of a timely decision. This includes providing comprehensive and credible documentation upfront, reducing the need for additional requests from the Department. Timely responses to any further information requests, accompanied by relevant but concise details, are essential to prevent delays. Our team of Australian Migration Agents specialises in preparing 'decision-ready' applications, ensuring all necessary documents are included to help expedite the processing timeline.
The timing of applying for a partner visa depends on your situation. Generally, you can apply at any time if you are in a registered de facto relationship or married to an eligible individual.
Australian Migration Agents can offer tailored advice on your application. Deciding between applying onshore or offshore involves considering various factors:
Typically, couples need to have lived together for at least 12 months to meet the de facto criteria, but exceptions exist:
If you wish to apply offshore, please head to our page on the relevant visa subclass 309/100.
Our skilled team offers in-person and virtual appointments, which means we can provide immigration assistance and advice regardless of where you live in Australia.
Read our most commonly asked questions about the subclass 820/801 Partner visas.
If you are holding a permanent partner visa (Subclass 801/100), your right to stay in Australia is not dependent on your relationship status. Even if your relationship ends, you can continue living in Australia without the need to notify the Department of Home Affairs.
For those on a temporary partner visa (Subclass 820/309), the situation is different. If your relationship ends, there is a chance your visa could be cancelled. In such cases, you must promptly inform the Department of Home Affairs about the change in your relationship status. To notify the Department, you can complete the Notification of Relationship Cessation form in your ImmiAccount's 'Update Details' tab or submit a Change of Circumstances form (Form 1022) via email.
Immediate notification is crucial. Failure to inform the Department about the change could lead to visa cancellation without the opportunity to explain your circumstances. Once you have notified the Department, they will review your situation and determine whether you may still be eligible for a permanent visa. If your explanation aligns with their criteria, you may still be eligible. However, if it falls short, they may proceed with visa cancellation.
After notifying the Department, you might still be able to stay in Australia based on specific circumstances:
If your relationship is no longer considered genuine and continuing, your visa may be cancelled. While certain circumstances may permit you to continue on the path to permanent residence, this does not apply to everyone. If your circumstances do not meet the criteria for an exemption, you may need to apply for a new visa or plan to leave Australia.
If you believe a visa cancellation decision was incorrect, you can seek a review through Australia's administrative review tribunal. It is advisable to engage an Australian Migration Agent to guide you through this process.
If your partner visa is cancelled and you are not eligible for a permanent partner visa under one of the exceptions, you can consider applying for a different visa. Options include student visas, skilled migrant visas, work visas, or protection visas. Upon application, you may be granted a bridging visa, which will allow you to remain in Australia until your new application is considered.
It is difficult to say how likely it is that an application will be successful. Many factors influence the outcome. Our Australian Migration Agents offer free consultations for partner visa applications, where our experienced team will assess your situation and then give you a more accurate indication of your prospects of success.
The subclass 820 partner visa is a temporary visa that allows you to live and work in Australia until your application for the permanent subclass 801 partner visa has been decided. Until then, you can legally remain in Australia as long as you continue to meet all visa conditions.
When you lodge your application, you will be granted an interim visa called a Bridging Visa A, which you will hold until your subclass 820 is granted. You can work, study and access Medicare on a Bridging Visa A. You are also eligible to apply for a Bridging Visa B, which allows you to travel in and out of Australia while your subclass 820 Partner visa is processing.
A range of factors influence the speed at which the Department will process your application. These factors include some things you can change and, unfortunately, some that you cannot.
In terms of things you can change, there are many ways to ensure your application is well-placed and processed as efficiently as possible by the Department. Ensuring that you attach all relevant information, accompanied by credible and reliable evidence, will reduce the number of requests that the Department will have to make for further information. If they request additional information, responding in a timely manner with sufficient, but not excessive, information will help prevent delays.
Our team of Australian Migration Agents prepares applications that are 'decision-ready.' This means that all of the necessary documents are attached from the outset and, in theory, a Departmental officer could make a decision on the first day.
Tell us a little about your situation, and one of our agents will get back to you as soon as possible.
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