Love knows no borders, but Australian partner visas know a hefty price tag! With costs now soaring over $9,000 AUD, choosing the right visa isn't just a matter of paperwork – it's a financial decision too. If your application is unsuccessful, you will cop higher expenses for an appeal process, an extended waiting period of 4-5 additional years, or in the worst-case scenario, the need to submit a new partner visa application from outside Australia.
Here’s a run-through of the 3 types of partner visas that we’re looking at:
820/801 visa: If you are married or have registered your relationship with your SO and are already living together in Australia, the most straightforward option is the onshore subclass 820/801 visa.
You may be granted both 820 and 801 visas simultaneously if you have no children and have been living together for at least 3 years, or if you have a child and have been living together for at least 2 years.
309/100 visa: If you are living outside Australia with an Australian citizen, you will typically need to be married or to have lived together for at least 12 months in order to be eligible for the subclass 309/100 visa. Upon subclass 309 visa grant, you are given 12 months to come to Australia.
You may be granted both 309 and 100 visas simultaneously if you have no children and have been living together for at least 3 years, or if you have a child and have been living together for at least 2 years.
300 visa: If you are in a long-distance relationship, over 18 and have met in person, engaged, and have not started living together, this is most likely a suitable visa type for you. Upon visa grant, you are given 12 months to come to Australia and must marry within 9 months of arriving in Australia.
It is important to note that the subclass 300 visa will add approximately 1-2 years to your pathway to permanent residency, as it is a step before the 820/801 visa. You will also have to pay approximately $1.5K more at the subclass 820/801 visa stage by the time you have married in Australia.
The onshore partner visa (subclass 820/801 visa) is the only version of partner visa that allows you to live in Australia whilst waiting for the visa to be finalised.
When determining the best visa type that suits your circumstances, there are of course other issues to consider, such as your appetite for risk, your long-term plans with your partner, and where in the world the both of you prefer to be in the next 3-4 years. These should be factored in determining the most suitable partner visa based on your circumstances.
Natalia, our client from Fiji, did not mind trying out for a subclass 600 visitor visa first and could come to Australia to submit a partner visa onshore after that. As Natalia did not have a stable job, assets or savings, we warned her that there was a high chance her visa would be refused on the basis of immigration not being satisfied that she was a genuine visitor. She proceeded regardless of the risks and wanted us to help test the waters with immigration regardless. She was 4 weeks pregnant at the time of the visitor visa application and we have submitted over 2 years of relationship evidence to prove that she was in a genuine and continuing relationship with an Australian citizen. This was a happy win for both Natalia and us. This is not something we usually recommend, as by default we assume a conservative approach where we would only apply for a visa type if we’re more than sure of a positive outcome.
For those able to enter Australia easily, such as citizens from the listed countries eligible for an Electronic Travel Authority, the onshore 820/801 visa often proves to be the most popular and practical choice. It allows applicants to live, work, and access Medicare in Australia during the processing period.
Applicants who are currently outside Australia and are citizens of the following countries can easily travel to Australia first and apply for a subclass 820/801 visa: Andorra, Austria, Belgium, Brunei, Canada, Denmark, Finland, France, Germany, Greece, Hong Kong (SAR of China), Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Malaysia, Malta, Monaco, Norway, Portugal, Republic of San Marino, Singapore, South Korea, Spain, Sweden, Switzerland, Taiwan (excluding official or diplomatic passports), The Netherlands, United Kingdom, United States of America, and Vatican City
Citizens of the above-mentioned countries can come to Australia on an Electronic Travel Authority (ETA) which is quickly granted and typically with less scrutiny.
If you hold a passport from any other countries, the only way to come to Australia first is by a subclass 600 visitor visa. However the requirements of this visa type currently (as of September 2024) has had a very high refusal rate in at least the last 12 months, and we do not recommend this pathway unless you have a huge appetite for risk, even if you believe you have substantial evidence of ties to your home country.
Navigating the Australian partner visa system requires careful consideration and planning. The high cost of these visas, now at $9,095, underscores the importance of choosing the right visa type from the outset. Whether you opt for the onshore 820/801 visa, the offshore 309/100 visa, or the prospective marriage 300 visa, your decision should be based on your unique circumstances, including your current location, relationship status, and long-term plans.
However, it's crucial to remember that each case is unique. While some applicants like Natalia may find success with less conventional approaches, it's generally advisable to take a conservative approach to minimise risks and ensure the best chances of a successful outcome.
Keep in mind that visa application charges go up every year on 01 July, as they are adjusted in accordance with the Australian Consumer Price Index. So plan early, and make sure you are prepared for the long road of evidence gathering ahead.
Ultimately, the key to a successful partner visa application lies in understanding the requirements, preparing thorough documentation, and, when in doubt, seeking professional advice. The journey to reuniting with your partner in Australia may be complex, but with the right approach and preparation, it can lead to a rewarding new chapter in your life together.
Need help with deciding on which one is more suited to your circumstances? Have some burning questions about the 482 visa or 494 visa that are still unanswered? The content on this page does not constitute legal or immigration advice. Australian immigration doesn't have to be complex and we can help with your unique circumstances. To seek legal advice or information that is specific to your situation, please contact us.
