Partner Visa (Subclass 820 and 309)
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. The program includes two stages: the temporary visa (Subclass 820 or 309) and the permanent visa (Subclass 801 or 100). Below is an overview of the temporary Partner Visa Subclass 820 and Subclass 309.
What is a Subclass 820/801?
This is a onshore application. The Subclass 820/801 visa is a combined application for the temporary and permanent Partner Visas in Australia, designed for the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
The Subclass 820 visa is the first step in the Partner Visa process and is a temporary visa that allows you to live in Australia while your permanent Partner Visa (Subclass 801) is being processed.
The Subclass 801 visa is the permanent stage of the Partner Visa process, granted after you have held the Subclass 820 visa and continue to meet all the necessary requirements.
What is a Subclass 309/100?
This is a Offshore Visa. The Subclass 309/100 visa is a combined application for the temporary and permanent Partner Visas designed for the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. This visa is applied for from outside Australia.
The Subclass 309 visa is the first stage of the Partner Visa process, allowing you to live in Australia temporarily while your permanent Partner Visa (Subclass 100) is being processed.
The Subclass 100 visa is the permanent stage of the Partner Visa process, granted after you have held the Subclass 309 visa and continue to meet all necessary requirements.
What is definition of Partner?
In the context of Australian immigration law, a "partner" refers to the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. This includes:
1. Spouse
A spouse is someone who is legally married to the applicant. To be recognized as a spouse under Australian immigration law, the relationship must be:
- Legally Valid: The marriage must be legally recognized in the country where it was solemnized and under Australian law.
- Genuine and Continuing: The couple must genuinely intend to live together as a married couple, excluding all others.
- Living Together: The couple should live together or, if they live apart temporarily, it should be on a short-term basis for reasons such as work or family commitments.
2. De Facto Partner
A de facto partner is someone who is not legally married to the applicant but is in a genuine and continuing relationship with them, similar to that of a married couple. To be recognized as a de facto partner under Australian immigration law:
- Minimum Relationship Duration: The couple must have been in a de facto relationship for at least 12 months before applying for the visa, unless they have registered their relationship in an Australian state or territory.
- Genuine and Continuing: The couple must intend to live together on a permanent basis and have a mutual commitment to a shared life.
- Living Together: The couple should live together. If they live apart, it should only be for short periods.
Key Considerations
- Financial Aspects: The couple must show evidence of financial interdependence, such as joint bank accounts, shared expenses, or joint ownership of assets.
- Social Aspects: Evidence of the relationship being recognized by friends and family, such as invitations to events, social media posts, and statements from people who know the couple.
- Household Arrangements: Evidence of shared living arrangements, like joint lease agreements, shared bills, and proof of living together.
- Commitment: Proof of mutual commitment to a long-term relationship, including plans for the future, and how they support each other emotionally and practically.
These definitions are important for applying for Partner Visas, as the relationship must meet these criteria to be considered valid under Australian immigration law.
Bridging Visa
Subclass 820/801 (Onshore):
- If you apply for a Partner Visa (Subclass 820) while in Australia, you will usually be granted a Bridging Visa A (Subclass BVA) automatically.
- The BVA will allow you to stay in Australia lawfully while your Subclass 820 visa application is processed. It also permits you to work and study under certain conditions, and access Medicare.
Subclass 309/100 (Offshore):
- If you apply for a Partner Visa (Subclass 309) while outside Australia, you will not be eligible for a Bridging Visa until you enter Australia on another visa.
- Once you enter Australia on a valid visa, you may be granted a Bridging Visa if you subsequently apply for another substantive visa while in Australia.
Partner Visa Document Checklist
1. Identity Documents
- Passport: Copy of the biodata page of your passport and any previous passports if relevant.
- Birth Certificate: Original or certified copy.
- Passport-sized Photos: Recent photos of you and your partner.
2. Relationship Evidence
- Marriage Certificate: If you are married, provide a copy of your marriage certificate.
- De Facto Relationship Evidence: If you are in a de facto relationship, provide evidence of 12 months relationship such as:
- Joint bank account statements.
- Joint lease or property ownership documents.
- Shared utility bills (electricity, water, etc.).
- Evidence of joint financial commitments (e.g., loans, credit cards).
- Photos of the couple together, including at social events and family gatherings.
- Statements from friends and family confirming the nature of your relationship.
- Evidence of joint travel or holidays.
- If you do not have 12 months evidence then you can registered your relationship with an Australian State/Territory births, deaths and marriages agency.
3. Financial Evidence
- Joint Financial Accounts: Statements from joint bank accounts or financial investments.
- Shared Financial Obligations: Proof of shared financial responsibilities, such as joint loans, insurance, or mortgages.
4. Social Evidence
- Social Media: Evidence of your relationship on social media platforms (e.g., joint posts, tagged photos).
- Social Invitations: Invitations to events, holidays, or family gatherings addressed to both partners.
- Correspondence: Letters, emails, or messages exchanged between you and your partner.
5. Household Evidence
- Joint Lease or Property Ownership: Documents proving joint ownership or tenancy.
- Utility Bills: Bills showing both names or evidence of shared household expenses.
6. Character Documents
- Police Clearance Certificates: From every country where you have lived for 12 months or more in the last 10 years.
- Form 80: Personal particulars for character assessment (if required).
7. Health Documents
- Health Examination Reports: From a registered panel physician (as required by the Department of Home Affairs).
8. Additional Documents
- Evidence of Previous Relationships: If applicable, provide divorce certificates or death certificates for previous spouses.
- Custody Documents: If you have children from previous relationships, provide custody or child support documents.
- Name Change Documents: Evidence of any name changes, such as a marriage certificate or legal name change certificate.
9. Partner’s Documents
- Australian Citizenship or Residency Proof: Copy of Australian passport, citizenship certificate, or permanent residency status of your partner.
- Partner’s Identity Documents: Copy of partner’s passport biodata page.
10. Statement of Relationship
Write a statement about:
- how, when and where you first met
- how the relationship developed
- when you moved in together, got engaged or married
- what you do together
- time you spent apart
- significant events in the relationship
- your plans for the future.
11. Form 888 - Supporting Witness
- At least two Statements from witnesses (preferred Australian Citizens) can be done by completing Form 888 – Supporting statement in relation to a Partner or Prospective Marriage visa application .
Cost
AUD 9,095.00 for the main applicant.