820/801 Partner Visa for people applying in Australia

309/100 Partner Visa for people applying overseas

A partner visa is available to persons who are married to and are in a de facto relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen and that Australian person is willing to sponsor them for a partner visa.

A person is married if the marriage is recognised under Australian law. Generally, a person must be 18 years or over to be able to get married. Same sex marriages are not valid under Australian law. Polygamous and underage marriages are assessed on a case by case basis. Marriages within prohibited relationships are not valid (eg. between a parent and child, grandparent and child or sieblings).

De facto relationship can exist between a man and a woman or between persons of the same sex. Both parties must be over 18 years of age.

Married couple or de facto partners must:

- have a mutual commitment to a shared life to the exclusion of all others; and

- the relationship between them is genuine and continuing; and

- they live together or they do not live separately and apart on a permanent basis.

In addition, de facto partners must be in a de facto relationship for at least 12 months unless:

-  compelling and compassionate circumstances apply or

- sponsoring partner is/was a holder of permanent humanitarian visa (under certain circumstances) or

- partners have registered their relationship under a law of a State or Territory.

Partner visas are granted in two stages. Firstly, a partner gets temporary 820 or 309 visa. After 2 years since applying, the relationship is assessed again by DHA and if the relationship still exists, a permanent 801 or 100 visa is granted. Persons in long term relationships may be granted a permanent visa directly.

If there is a relationship breakdown between an applicant and a sponsoring partner due to family violence (or there is a child from the relationship) or a sponsoring partner dies, the applicant might still be able to obtain a permanent visa. Those cases are complex and must be assessed on case by case basis.

All visa applicants must meet character and health requirements.

For applications lodged on or after 18 November 2016, the sponsors must meet character requirements as well - for more info download this file

 

This visa is suitable for people who cannot satisfy criteria for a partner visa if they are going to marry an Australian citizen, Australian permanent resident or eligible New Zealand citizen who are willing to sponsor them. This visa is known as a fiance(e) visa and is for person wishing to come to Australia to get married.

An applicant for a prospective marriage visa must:

• must be over 18 and outside Australia and
• have personally known the Australian sponsor physically and
• be engaged to be married to the Australian sponsor in Australia and
• marry the Australian sponsor in Australia within the 9 months visa validity period and
• intend to live together in a genuine spousal relationship after marriage.

A prospective marriage visa holder must apply for a partner visa (820/801) in Australia within the prospective marriage visa period if they wish to stay in Australia permanently.

All visa applicants must meet character and health requirements.

For applications lodged on or after 18 November 2016, the sponsors must meet character requirements as well - for more info download this file

	Applicant applies for 300 Prospective Marriage Visa	Applicant Applies for onshore 820/801 Partner Visa	Applicant applies for offshore 309/100 Partner Visa
Applicant does not hold Prospective Marriage Visa	AUD 7,850	AUD 7,850	AUD 7,850
Applicant holds Prospective Marriage Visa	N/A	AUD 1,310	N/A

All information valid as at 22/11/2021. Last reviewed on 22/11/2021 to reflect new visa application charges. OZ HOME MIGRATION fees may vary depending on the complexity of each case. OZ HOME MIGRATION does not guarantee all information is correct.