Long-Term Partner Visas for My Partner
Onshore Partner Subclass 820/801 visa
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.
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.
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.
New Zealand Family Subclass 461 visa
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.
Adding My Partner To My Temporary Visa
Student Subclass 500 visa
International students in Australia considering adding their partner to their visa involves declaring the relationship upfront, proving its authenticity, and meeting increased financial requirements, including at least an additional AUD 10,394 annually for the partner's living expenses and their OSHC (overseas student health cover) as of October 2024.
The linked visa grants partners limited work and study rights, but demands strict adherence to conditions like maintaining health insurance and reporting relationship changes.
Temporary Graduate Subclass 485 visa
You can add your partner to your 485 visa at the time of applying, or after you have been granted 485 visa.
To add a partner to your 485 visa after visa grant (i.e. as a subsequent entrant), you must first ensure that you, as the primary visa holder, have declared your partner at the time of your application. Your partner can then apply for a subsequent entrant visa to join you in Australia.
Your partner must be either your spouse or de facto partner, and you'll need to provide evidence of a genuine and continuing relationship that has existed for at least 12 months. This can include documents such as a marriage certificate, joint bank statements, shared lease agreements, or other proof of your life together.
Adding My Partner to My General Skilled Visa and Permanent Employer-Sponsored Visa
To include your partner as a secondary applicant in your general skilled (subclass 190, 189, or 491) visa or permanent employer-sponsored (subclass 186) visa application, they must meet specific eligibility criteria, though there is no age limit for secondary applicants.
To add your partner, they must be either your spouse or de facto partner, and you’ll need to provide proof that your relationship is genuine and has been continuing for at least 12 months. Acceptable evidence can include items like a marriage certificate, joint financial statements, shared rental agreements, or other documentation showing your life together.
Your partner must also meet the necessary health and character requirements. If you intend to claim additional points for your non-Australian partner’s skills, they need to demonstrate competent English and/or have a positive skills assessment in an eligible occupation. Points can be gained or maintained depending on factors such as whether your partner has skilled qualifications or is an Australian permanent resident or citizen.
There are also additional issues you should consider before adding your partner to your general skilled (subclass 190, 189, or 491) visa application which we go into further detail in this article.
Adding My Partner to My Temporary Employer-Sponsored Visa
The easiest way to ensure your partner is included on your 482 visa is to add them during your initial visa application. You will need to declare your relationship status in the application and provide the required evidence listed above.
Your partner must be either your spouse or de facto partner, and you’ll need to provide proof that your relationship is genuine and has been continuing for at least 12 months. Acceptable evidence can include items like a marriage certificate, joint financial statements, shared rental agreements, or other documentation showing your life together.
When lodged together, your partner’s visa will be processed alongside yours, and if approved, they will have the same visa conditions and validity period as you do. Dependents cannot be added to applications midway during visa processing, i.e. after visa lodgement and before visa decision.
Your partner will have full work and study rights under the 482 visa. Additionally, your partner will not be subject to any travel limitations, allowing them to come and go from Australia freely.
Adding a Partner After Subclass 482 Visa Grant or Subclass 494 Visa Grant (Subsequent Entrant Application):
If your partner wasn’t included in the initial visa application, they can still apply to join you later by submitting a “subsequent entrant” visa application. This application can be lodged while you are in Australia, even if your partner is overseas at the time.
For a subsequent entrant visa, you must provide documents proving the validity of the relationship. You will also need to inform your employer, who may be required to provide a letter confirming that they accept sponsorship obligations for your partner under the 482 or 494 visa.
Adding My Partner To Other Temporary Employer-Sponsored Skilled Visas
To add your partner to your other types of temporary employer-sponsored skilled visa, your partner must be either your spouse or de facto partner, and you’ll need to provide proof that your relationship is genuine and has been continuing for at least 12 months. Acceptable evidence can include items like a marriage certificate, joint financial statements, shared rental agreements, or other documentation showing your life together.
Partners can be included during the initial application or added later after your visa grant in their separate visa application as a subsequent entrant. Dependents cannot be added to applications midway during visa processing, i.e. after visa lodgement and before visa decision. It’s also worth noting that partners on 407 visas have restricted work rights, limited to 40 hours per fortnight.
Adding My Partner to My Parent Visa
Partners can be included during the initial application or added during visa processing and before visa decision. Your partner must also meet the necessary health and character requirements.
To add your partner to your parent visa, your partner must be either your spouse or de facto partner, and you’ll need to provide proof that your relationship is genuine and has been continuing for at least 12 months. Acceptable evidence can include items like a marriage certificate, joint financial statements, shared rental agreements, or other documentation showing your life together.
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. Book a consultation now to learn how we can assist you in reuniting with your loved one in Australia.
