Partner Visas

Partners Visa underscore the signifcance of reuniting couples and families in Australia. Partner visas allow Australian citizens, permanent residents, and eligible New Zealand citizens to sponsor their foreign partners to live, work, and study in Australia.

Partner visa applications involve a two-step process. First, the applicant applies for the temporary partner visa (Subclass 309 or Subclass 300). After a waiting period, they can then apply for the permanent partner visa (Subclass 100) once the eligibility criteria are met.

Careful documentation, including evidence of the relationship, is essential for a successful application.

Key Considerations for Partner Visas

Eligibility: To apply for a partner visa, the relationship must meet specific criteria, whether it’s a marriage or a de facto partnership. Evidence of a genuine and committed relationship is crucial.

Sponsorship: Australian citizens, permanent residents, or eligible New Zealand citizens must sponsor their partner. The sponsor must meet financial and character requirements.

Visa Processing: Partner visa applications can be complex and may take some time to process. The processing time can vary based on factors like the visa stream, the completeness of the application, and the level of demand.

Health and Character Checks: Both the applicant and sponsor must undergo health and character checks as part of the application process.

Work and Study Rights: Partner visa holders have full work and study rights in Australia.

Permanent Residency: Once the Subclass 100 visa is granted, it provides permanent residency status, allowing the holder to remain in Australia indefinitely. 

Family Members: Partner visa holders can include dependent children in their application.

Processing Times For Partner Visas

The processing time for a Partner Visa varies, depending on the type of visa and the amount of documentation and evidence that has been required.  To get an indication of the timeframe, we suggested visiting the Department of Home Affairs website.

Partner Visa Options In Australia

Partner Visa Onshore – Subclass 820 & 801

The Partner Visa Onshore subclass 820 and 801 are visa options for people who are in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. These visas allow applicants to apply while they are in Australia.

Subclass 820 is a temporary visa that allows the applicant to live and work in Australia while their permanent partner visa (subclass 801) application is being processed.

Subclass 801 is a permanent visa that is granted approximately two years after the subclass 820 application is lodged. It provides the applicant with permanent residency status in Australia.

Partner Visa Offshore – Subclass 309 & 100

The Partner Visa Offshore subclass 309 and 100 are visa options for people who are in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. These visas are for people who are outside of Australia at the time of application.

Subclass 309 is a temporary visa that allows the applicant to enter Australia and live with their partner while their permanent partner visa (subclass 100) application is being processed. It grants the applicant the right to work and study in Australia.

Subclass 100 is a permanent visa that is granted approximately two years after the subclass 309 application is lodged. It gives the applicant permanent residency status in Australia, allowing them to live, work, and study in the country indefinitely.

Prospective Marriage Visa – Subclass 300

The Prospective Marriage Visa, subclass 300, is for people who are engaged to be married to an Australian citizen, permanent resident, or eligible New Zealand citizen. This visa allows the applicant to travel to Australia to marry their prospective spouse.

Once granted, the Prospective Marriage Visa is valid for nine months, during which time the applicant must enter Australia and marry their intended spouse. After the marriage takes place, the applicant becomes eligible to apply for a Partner Visa, which can lead to permanent residency in Australia.

Apply for a Partner Visa

Step 1

Once you reach out to Herbert Smith Freehills, we set up a discovery call to understand what your needs are and what Visa best suits you.

Step 2

From there, we will send you a Strategy proposal outlining the steps we will take to assist you in getting a Visa for you to sign off on.

Step 3

Now our team leaps into action, following immigration pathways, taking care of the paperwork and helping you through the entire application process.

Take the first step and schedule a call

We look forward to hearing how we can help.

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Frequently Asked Questions

What Are The Costs For Partner Visas In Australia?

The Partner Visa (Temporary) 820, costs from $8850 for most applicants, and from $1475 for Prospective Marriage visa applicants. 

For the Partner Visa (Permanent) 801, this cost was paid for when a combined application was made for the temporary and permanent visa types.

If you hold a Bridging Visa types A, B, C or E, you can apply for an onshore partner visa. However, there are conditions attached to such an application. 

Get in touch with Herbert Smith Freehills to discuss these conditions and your eligibility  for a partner visa stream.

To apply for a Partner Visa, we recommend seeking assistance from one of our skilled migration agents. After a discovery call to understand your circumstances, your dedicated team will undertake the application on your behalf.