How Do I Sponsor My Spouse or Partner?
By Avelyn Chen
Long-term Options for My Partner
Living Together Inside Australia?
The 820/801 visa is an Australian partner visa program designed to allow individuals to live in Australia with their Australian citizen, permanent resident, or eligible New Zealand citizen partner.
It's a two-stage process consisting of the Subclass 820 temporary partner visa and the Subclass 801 permanent partner visa. Applicants typically apply for both visas simultaneously, with the 820 granted first.
To be eligible, applicants must be in a genuine and continuing relationship (married or de facto) and meet health and character requirements. The sponsor must also be eligible to sponsor.
The processing time can vary significantly, often taking 1-2 years or more. Both visas provide full work rights in Australia.
Two years after applying for the subclass 820 visa, applicants may be eligible to apply for the 801 permanent visa, completing the transition to permanent residency.
Living Together Outside Australia? Offshore Partner Subclass 309/100 visa
The 309/100 visa is an Australian partner visa pathway designed for individuals who are outside Australia at the time of application.
It consists of two stages: the temporary Subclass 309 visa and the permanent Subclass 100 visa. This visa is suitable for married or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens who are currently residing overseas.
The Subclass 309 allows the applicant to enter and live in Australia while their permanent visa application is being processed, typically for up to two years.
In contrast, the 820/801 visa pathway is for partners who are already in Australia on a valid visa at the time of application. While both visa streams lead to permanent residency, the key difference lies in the applicant's location at the time of lodging the initial application.
The 309/100 visa requires the applicant to be outside Australia at the time of applying, whereas the 820/801 visa is applied for and initially granted onshore.
Both pathways involve similar eligibility criteria, including proving the genuineness of the relationship and meeting health and character requirements, but they cater to different circumstances based on the applicant's location and ability to be in Australia during the application process.
Planning on Getting Married? Fiancée/Fiancé Subclass 300 visa
The Fiancée/Fiancé Subclass 300 visa is a temporary Australian visa designed for individuals who are engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen, but are not yet married.
Unlike the Partner visa (subclasses 309/100), which is for couples who are already married or in a de facto relationship, the Subclass 300 visa is specifically for couples planning to marry in Australia. This visa allows the foreign partner to enter Australia with the intention of getting married within 9 months of the visa grant date.
Key differences between the Subclass 300 and the 309/100 visas lie in the relationship status, degree of evidentiary burden, and the steps required after arrival in Australia.
While 309/100 visa holders (upon visa grant) can immediately start their life in Australia as a couple, Subclass 300 visa holders must marry their Australian partner within 9 months upon visa grant. After the marriage, they need to apply for a Partner visa (subclasses 820/801) to continue their stay in Australia. This two-step process distinguishes the Subclass 300 from the 309/100, which is a quicker pathway to permanent residency for already established couples.
Is Your Partner a New Zealander?
The 461 visa, also known as the New Zealand Citizen Family Relationship visa, is designed for eligible family members of New Zealand citizens to live and work in Australia.
This visa is typically granted for a 5-year period and is available to partners (spouses or de facto) of New Zealand citizens who are inside or outside Australia. It allows holders to live, work, and study in Australia, as well as travel to and from the country during the visa's validity period.
While the 461 visa offers significant benefits, it's important to note that it does not provide a direct pathway to permanent residency or Australian citizenship.
Applicants can apply for this visa both from within and outside Australia, and must meet health and character requirements as part of the application process.
Short-Term Visa for My Partner
Subclass 600 visa (Sponsored Family Stream)
If you are a settled Australian citizen or Australian permanent resident, you can sponsor your partner or spouse to visit Australia. As an Australian sponsor, you must typically have lived in Australia for at least two years and be a close relative of the applicant, such as a grandparent, parent, sibling, or spouse. This visa is only available to applicants outside Australia.
One key restriction of this visa is the mandatory 8503 "No Further Stay" condition, which prevents visa holders from applying for other visas while in Australia unless exceptional and compassionate circumstances arise.
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. As family and dependent visa specialists, we'll meticulously guide you through the visa process and determine the right level of detail to meet the Department of Home Affairs' requirements for your visa grant. To seek legal advice or information that is specific to your situation, please contact us.