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Partner Visas
If you're in a relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, you may qualify to apply for permanent residency in Australia. There are some avenues open to you, whether you're currently in Australia or overseas.
This visa is exclusively for offshore applicants and remains valid for nine months, tailored for individuals intending to marry within this timeframe. Subsequently, it allows you to submit a spouse visa application after you've arrived in Australia and married your intended fiancé.
Processing time: 50% of applications are processed within 12 months, and 90% are completed within 27 months.
Application Cost: Starting from AUD $9,095.00
Subclass 820 (temporary):
This visa allows partners in de facto relationships or marriages with Australian citizens, Australian permanent residents, or eligible New Zealand citizens to temporarily reside in Australia. Obtaining this visa is the initial step towards securing a permanent Partner visa (subclass 801). Holders of this visa can stay in Australia temporarily until their permanent Partner visa (subclass 100) application is finalised or withdrawn.
Processing time: 50% of applications are processed within 18 months, and 90% are completed within 47 months.
Application Cost: From AUD9,095.00 for most applicants. From AUD1,515 for Prospective Marriage visa (subclass 300) holders.
Subclass 801 (permanent):
To be eligible for this visa, applicants must hold the temporary partner visa (820) and can then stay in Australia indefinitely. In some cases, individuals with long-standing relationships may qualify for immediate permanent residence. This visa also typically allows applicants to include their dependent children, provided they meet specific requirements. All dependents, whether accompanying the applicant or not, must satisfy health and character requirements for visa approval. Certain individuals may face restrictions preventing them from lodging an application or may be unable to do so in Australia due to visa conditions.
Processing time: 50% of applications are processed within 6 months, and 90% are completed within 10 months.
Application Cost: The 801 Visa itself has no separate fee. The cost is included with the Temporary Partner Visa (subclass 820).
Subclass 309 (temporary):
This visa is designed for partners in de facto relationships or marriages with Australian citizens, Australian permanent residents, or eligible New Zealand citizens who wish to reside temporarily in Australia. Unlike the onshore Subclass 820 visa, the Subclass 309 visa allows applicants to apply from outside Australia.
Acquiring this visa is the initial step towards obtaining a permanent Partner visa (subclass 100).
Holders of this visa can stay in Australia temporarily until their permanent Partner visa (subclass 100) application is finalised or withdrawn.
Processing time: 50% of applications are processed within 18 months, and 90% are completed within 26 months.
Application Cost: From AUD9,095.00
Subclass 100 (permanent):
To be eligible for this visa, applicants must hold the temporary partner visa (subclass 309) and can then stay in Australia indefinitely. Similar to the Subclass 801 visa, this visa allows individuals in long-standing relationships to qualify for immediate permanent residence. It also typically permits applicants to include their dependent children, provided they meet specific requirements. All dependents, whether accompanying the applicant or not, must satisfy health and character requirements for visa approval. Applicants for this visa must apply from outside Australia.
Processing time: 50% of applications are processed within 12 months, and 90% are completed within 51 months.
Application Cost: The 100 Visa itself has no separate fee. The cost is included with the Temporary Visa (subclass 309).
Following the legalisation of same-sex marriage in Australia, all the aforementioned options are equally accessible for same-sex couples. Partner visa applications were available for same-sex couples even before these legal changes.
If you wish to determine whether you and your partner meet the eligibility criteria, please schedule an appointment to consult with our lawyers.
Interested in applying for the Partner Visa? Book a consultation with our lawyers for specialised guidance.
Partner Visas