Australian Partner Visas
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Australia’s Partner visa program allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia, with a clear pathway to permanent residency.
Lewis & Bollard Immigration Lawyers assist clients with onshore and offshore Partner visa applications, including complex matters involving prior refusals, health or character issues, long-distance relationships, and Schedule 3 concerns.
Onshore vs Offshore Partner Visas – Key Differences at a Glance
|
Feature |
Onshore Partner Visa |
Offshore Partner Visa |
|
Temporary visa |
Subclass 820 |
Subclass 309 |
|
Permanent visa |
Subclass 801 |
Subclass 100 |
|
Where you apply at temporary stage |
In Australia |
Outside Australia |
|
Where you must be at temporary grant |
In Australia |
In or outside Australia |
|
Can you remain in Australia during processing? |
Yes, usually on a Bridging visa |
No, until the temporary visa is granted |
Apart from these location-based requirements, the legal criteria, evidence requirements, and two-stage assessment process are largely the same.
How the Partner Visa Process Works
Partner visas are assessed in two stages, whether you apply onshore or offshore.
Stage 1 – Temporary Partner Visa
The Department assesses whether your relationship is genuine and continuing. Once granted, the temporary visa allows you to live in Australia while your permanent visa is assessed.
Stage 2 – Permanent Partner Visa
About two years after the original application, the Department reassesses your relationship before granting permanent residency (unless an early grant applies).
Onshore Partner Visas (Subclass 820 and 801)
Onshore Partner visas allow applicants who are already in Australia to apply for temporary and permanent residence through the Subclass 820 and 801 visas. Applicants must be in Australia at the time of application and at the time the temporary visa is granted. Most applicants are eligible for a Bridging visa, allowing them to remain lawfully in Australia while the application is processed.
Offshore Partner Visas (Subclass 309 and 100)
Offshore Partner visas are for applicants outside Australia at the time of application of the temporary visa. The Subclass 309 visa allows entry to Australia once granted, with permanent residence assessed later under the Subclass 100 visa.
Relationship Requirements (Common to All Partner Visas)
You must show that your relationship is:
- Genuine and continuing
- Mutually exclusive
- Not entered into for migration purposes
Evidence usually covers four areas:
- Financial aspects (shared finances and expenses)
- Household arrangements (living together and shared responsibilities)
- Social recognition (how others view your relationship)
- Commitment to each other (length of relationship and future plans)
Health and character requirements apply to both applicants and sponsors.
Sponsorship Obligations
Your sponsoring partner must:
- Lodge a sponsorship application
- Support you financially and emotionally
- Assist with accommodation and settlement
- Meet character requirements
Sponsorship obligations usually continue for at least two years after visa grant.
What You Can Do on a Partner Visa
Once your temporary Partner visa is granted, you can:
- Live and work in Australia
- Study in Australia (without government funding)
- Enrol in Medicare
- Travel in and out of Australia while the visa is valid
- Include eligible dependent children
After permanent residence is granted, you may also:
- Live in Australia permanently
- Travel freely for 5 years from visa grant
- Sponsor eligible relatives
- Apply for Australian citizenship when eligible
Exceptions and Special Circumstances
You may still be eligible for permanent residence in limited situations, including where:
- There has been family violence
- You have children of the relationship
- The sponsor has died
These matters are legally complex and require careful advice.
Prospective Marriage (Subclass 300) Visa – Offshore
If you are engaged but not yet married, the Prospective Marriage visa (Subclass 300) may be an option.
This visa allows you to enter Australia to marry your sponsor within nine months, after which you can apply onshore for a Partner visa.
Key points:
- You must apply for and be offshore at grant
- You must intend to marry your sponsor within nine months
- You must have met in person (limited exceptions apply)
- Health and character requirements apply
Speak With Us
If you are considering a Partner visa, we can assess your circumstances and explain your options clearly.
Phone: (02) 9283 0888
Email: info@lewisbollard.com.au
Lewis & Bollard Immigration Lawyers are here to guide you through every stage of the Partner visa process.
