Summary
- Eligibility – You must be married or in a genuine de facto relationship with an Australian citizen or permanent resident. For de facto relationships, you’ll usually need to show 12 months of evidence, unless your relationship is registered (in some states).
- Onshore vs Offshore Applications:
- Apply onshore for subclass 820/801 if you’re already in Australia.
- Apply offshore for subclass 309/100 if you are outside of Australia.
- Be aware of visa conditions that might affect your eligibility to apply onshore.
- What can cause refusals – The most common reason is failure to prove the relationship is genuine and continuing. Other issues may include health or character concerns of the applicant, sponsor, or dependents.
If you are looking for advice and guidance with your Partner visa application, then book a consultation with us!
I began working with Kristie to facilitate with my Partner Visa. And while the road to a successful visa
acceptance is long, hard, stressful, and daunting, Kristie and the team at Regional Migration Australia
made it so much easier and pleasant. Emily Smith, 2024
Am I eligible to apply for a Partner visa?
To be eligible for a Partner visa you must be married to, or in a de facto (common law) relationship, with an Australian citizen or permanent resident.
Should i apply onshore or offshore? What’s the difference?
Applicants in Australia may apply for an onshore partner visa (subclass 820/801) and applicants outside of Australia will need to apply for an offshore partner visa (subclass 309/100). However, there might be certain visa conditions attached to the current visa/s for the applicants in Australia, which may prevent you from applying onshore.
Can I include dependents from my previous marriage on my visa application?
Yes, if the dependents meet the criteria for secondary visa applicant/s.
Do I have to be married?
Australian migration law does NOT require an applicant for a partner vis to be married to their Australian sponsor.
However, they are required to present evidence to verify that their relationship is genuine and continuing.
For de facto partners, a relationship needs to be established for at least 12 months before an applicant is eligible for the partner visa application unless you have registered your relationship.
What are the major reasons for a Partner visa refusal?
The major reason for a partner visa refusal would be that the Department is NOT satisfied that you are in a genuine relationship with your partner. There may also be other factors that lead to a visa refusal, such as your and/or your partners and dependents’ health/character issues.
What happens if my Partner visa is refused?
If your partner visa is refused, you may be able to lodge an application to appeal the refusal decision with the Administrative Appeals Tribunal (AAT). This must be done within a specific time frame after receiving the refusal.
Can I work on a Partner visa in Australia?
Yes, partner visa holders have full work rights in Australia.
What documents are required for proof of identity and marital status?
To establish your identity and marital status, include:
- Certified copies of national identity documents.
- Birth, marriage, or death certificates (translated into English, if necessary).
- A high-quality certified copy of your passport’s biodata page.
Do I need translations for non-English documents?
Yes. Documents in languages other than English must include certified English translations. In Australia, translations must be done by NAATI-accredited translators. For overseas translations, include the translator’s full details and qualifications.
What is the validity period of Prospective Marriage (subclass 300) visa?
The Prospective Marriage (Subclass 300) Visa is valid for nine to fifteen months from the date of approval. You must marry your sponsor within this period.
Disclaimer – Content in these articles does not constitute immigration or legal advice, it is not intended as a substitute for such advice and must not be relied upon as such. This material is intended to offer general guidelines for informational purposes only. The information provided is accurate as of the time of publication. Please consult with our Australian MARN registered agents via our content forms on our website or call on 1800 567 663 to make an appointment.
MARN – 2217877 / 1068715
