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Australian Partner Visas

Australia provides several visa options for individuals in committed relationships, whether you're engaged, married, or in a de facto relationship. These include the Prospective Marriage Visa (Subclass 300), the Partner Visa (Subclass 309/100) for offshore applicants, and the Partner Visa (Subclass 820/801) for onshore applications. This guide explains the eligibility requirements, costs, and processing times for these visas.

Prospective Marriage Visa (Subclass 300)

The Prospective Marriage Visa (Subclass 300) allows individuals to travel to Australia to marry their Australian partner and then apply for a partner visa. This visa is specifically for couples who plan to marry within nine months of visa approval. Key points to note:

Eligibility: Applicants must be outside of Australia both when applying and when the visa decision is made. Your partner must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
Proof of Relationship: You will need to demonstrate the genuineness of your relationship and your intention to marry your fiancé within nine months of receiving the visa.
Processing Time: The prospective marriage visa processing time 2023 ranged from 12 to 16 months, and it may be similar in 2024.
Cost: The prospective marriage visa cost is AUD $9,095, subject to visa fee increases.

After getting married, you can apply for the Partner Visa (Subclass 820/801) from within Australia.

Offshore Partner Visa (Subclass 309/100):

The Partner Visa (Subclass 309/100) is for individuals outside of Australia who are in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. It is a two-stage process:

Provisional Partner Visa (Subclass 309): Allows you to live in Australia while awaiting a decision on your permanent visa.
Permanent Partner Visa (Subclass 100): After two years, if your relationship is still genuine, you can apply for permanent residency.

Processing Time: The marriage visa processing time for Subclass 309 can vary from 16 to 23 months, depending on circumstances.

Cost: The marriage visa Australia cost is AUD $9,095, subject to visa fee increase

Partner Visa (Subclass 820) and leading to a Permanent Partner Visa (Subclass 801)

Provisional Partner Visa (Subclass 820): Allows you to live in Australia while awaiting a decision on your permanent visa.

Permanent Partner Visa (Subclass 801): After two years, if your relationship is still genuine, you can apply for permanent residency.

Processing Time: The processing time for Subclass 820 typically ranges from 20 to 28 months.

Cost: The fee for the Subclass 820/801 is around AUD $9,095, subject to visa fee increases.

Evidence:

For all Australian marriage visas, you will need to provide evidence proving that your relationship is genuine and ongoing. This includes:

Relationship history: A detailed timeline of your relationship, including how and when you met.
Joint finances: Bank statements, property ownership, or lease agreements showing shared financial responsibilities.
Social proof: Statements from friends and family verifying your relationship.

Both prospective marriage visas and partner visas require these types of documents to demonstrate your commitment to one another.

What If You Have Limited Evidence?

If you have only recently started living together or have limited evidence of your relationship, you can still apply for a Partner Visa (Subclass 820/801). You can continue to gather and submit evidence even after your application has been lodged. The Department of Home Affairs will review all submitted evidence both before and after your application date, giving you time to strengthen your case.

If you are in a de facto relationship, you can apply for a partner visa even if you’re not married, provided you have lived together for at least 12 months. However, the 12-month cohabitation requirement can be waived if your relationship is registered under state or territory laws (excluding Western Australia and Northern Territory).

Navigating the Australian immigration process can be challenging due to its complexity and frequent changes in laws and regulations. Engaging a migration lawyer or a registered migration agent can significantly enhance your chances of a successful application.

With Guney Migration Consultancy, clients benefit from expert guidance tailored to their unique situations. The firm is led by Ceren Guney, a migration lawyer, and Feriha Guney (MARN 0960690), a registered migration agent. They combine deep knowledge of Australian migration law with a client-first approach, ensuring that applicants make informed decisions throughout their migration journey.