Australian Partner Visa is a way to get reunited with your loved ones in Australia. Overseas people who want to move to and live in Australia can apply for this visa. There are different pathways that can be applied by the applicants as per their eligibilities. However, before applying for this visa there are several facts you must know and understand. This in a way can eliminate the chance of your visa cancellation or refusal. That being said, here we have presented you some of the FAQs about Australian Partner Visa, which can be really helpful for aspiring visa applicants.
What is an Australian Partner Visa?
As we have stated above, an Australian Partner Visa lets you settle in Australia with your partner or spouse. As per the official definition an Australian Partner Visa “allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia. You apply for the temporary and the permanent partner visas together.”
Australian Partner visa Frequently Asked Questions (FAQs)
What are the different subclasses of Australian Partner Visa?
There are three types and five subclasses of Australian partner or spouse visas, namely:
- Partner Visa- Subclasses: 309 and 100
- Partner Visa: Subclasses 820 and 801
- Prospective Marriage Visa: Subclass 300
Am I eligible to apply for a partner visa to Australia?
As a part of basic eligibility, you must be
- The genuine spouse or de facto partner of an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen
- Living in Australia when you apply for Subclass 820
- Holding a temporary Partner visa (subclass 820), if applying for Subclass 801
- Living outside Australia when you apply for Subclasses 309 and 300
- Holding a temporary partner (Provisional) visa (subclass 309), if applying for Subclass 100
- Of 18 years at least, sponsored, and intending Intend to marry your prospective spouse before the visa period ends, in case of Subclass 300
Which Partner visa is suitable for me?
It depends on your current situation, priority, and eligibility. You can contact Australia Visa Lawyer to learn more about suitable partner visas.
What is a Dependent Child Visa?
Dependent Child Visa- Subclass 445 is a temporary visa and can be added to the subclass 100 or subclass 801 permanent partner visa application once it gets granted. It allows a child to stay in Australia temporarily while their parents’ partner visa application is processed.
I am not a lawful Australian citizen, can I apply for an Australian Partner visa?
One of the most frequently asked FAQs about Australian Partner Visa, the answer is yes, you can. The unlawful non-citizens of Australia or those who hold a bridging visa can apply for a partner visa only if they meet Schedule 3 criteria. In certain cases, however, the Department can waive this requirement.
Schedule 3 allows unlawful Australian citizens to apply for and be granted an onshore Australian Partner Visa while staying in the country. However, your prior visa refusal must not include a partner visa refusal.
Can I apply for an Australian Partner visa while staying outside?
Yes, you can. While staying offshore, you can apply for
- Partner Visa- Subclasses 309 and 100
- Prospective Marriage Visa- Subclass 300
How much does an Australian Partner visa cost?
The current Australian Partner Visa charges are-
- Partner visa- Subclasses 820 and 801: AUD 7,850 for most applicants and AUD 1,310 for Prospective Marriage visa (subclass 300) holders.
- Partner visa- Subclasses 309 and 100: From AUD 7,850
- Prospective Marriage visa- Subclass 300: From AUD7,850
What is the validity of Prospective Marriage Visa- Subclass 300?
The validity of Prospective Marriage Visa- Subclass 300 is 9 months from the date of grant. It is essential that you marry your sponsor within the validity period of this visa.
How long does it take to process the Australian Partner visa?
The actual processing time may vary depending on individual circumstances. More complex cases may take a longer time than usual. Please visit visa processing times to learn more about it.
I am separated from my spouse, can I still apply for an Australian Partner visa?
Yes, you can. In case you are legally separated from your spouse, you would need to show that you are in a de facto relationship with your new partner, and meet the other eligibility criteria. However, if you are not legally divorced, to get your visa application granted, you should provide the documents showing the divorce/ annulment proceedings have commenced but are likely to take a long time to conclude.
AM I going to get interviewed by the Department for this visa?
Yes, as a part of the partner visa application, a case officer from the Department may call you to conduct an interview. That being said, in most cases, ‘high-risk’ applications are generally interviewed by the Department of Home Affairs.
Do I need to be married at the time of applying for the Australian Partner visa?
To apply for an Australian Partner Visa, you must be either married, engaged, or intending to get married or live together in a de facto relationship with your partner. Also, you would need to produce proof that you are in a genuine relationship with your partner or spouse, who is an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen.
What to do if my Australian Partner visa application gets refused?
Don’t worry if your partner visa application gets refused, as you can re-apply for it or appeal to the AAT (Administrative Appeals Tribunal). However, if your offshore visa application gets rejected, you could enter Australia and apply from onshore.
You can contact a Registered Immigration lawyer or Migration Agent to learn more without any delay.
What if my relationship status with my partner changes after applying for this visa?
The foremost thing to do in such a scenario is to inform the Department about the change of your relationship status. You can apply directly by writing an application with personal details, transaction reference number (TRN) or file reference number (FRN) for your application, and your current relationship status. You can email or post your application to the same place that assessed it.
Can my partner cancel my Partner visa application?
No, legally it is not possible.
What changes have been made in the New Partner Visas in 2021?
It is expected that in 2021, there will be some drastic changes in the Australian Partner Visa as a result of the two reforms:
- Partner visa applicants would need to show that they have the minimum functional level of English or have made reasonable attempts to learn the language. Also, the holders of Provisional Partner Visa will have access to government-funded Adult Migrant English Program (AMEP) classes to learn English.
- Permanent residents wanting to bring their partner to Australia will need to first meet a new language requirement before their partner can apply for a Partner Visa. That being said, it is not applicable for Australian citizen sponsors.
- Permanent resident or Australian citizen sponsor would need to lodge their sponsorship to get it approved. Only after the approval for their sponsorship their partner can lodge their partner visa application.
- The number of places for partner visas will be increased and onshore visa applications will get priorities.
Can same-sex couples apply for an Australian Partner visa?
Yes, de-facto and same-sex married couples can apply for the Australian Partner Visa. For both lesbian and gay couples the only visa category to apply for is the Interdependency visa.
You can learn more about it in our blogs on same-sex couples and migration.
Can I apply for Subclasses 309 and 100 at the same time?
Yes, you can. This is a 2- stage process. You can apply for provisional visa 309 and permanent visa 100 at the same time. If you meet the basic eligibility criteria, you will be granted a Provisional Partner Visa. This visa will remain valid until a decision is made on your permanent visa, which generally takes around 2 years. If you continue to meet the general eligibility and legal criteria, you will be granted the Permanent Partner Visa 100, usually after your arrival in Australia.
What is the eligibility of my partner to sponsor me?
A sponsoring partner must be:
- an Australian citizen, or
- Australian permanent resident, or
- an eligible New Zealand citizen
Your partner must not have sponsored another partner before in the last 5 years.
I am HIV+, can I still apply for an Australian Partner visa?
Yes, you can. In such a case, however, your visa application will be accessed against criteria applying to anyone with a chronic health condition. Also, this health condition can make the visa application process more complicated.
Professional partner visa assistance
There can be even more FAQs about Australia Partner Visa hitting your mind. So, seeking assistance from a registered immigration lawyer or agent can truly help. The migration experts at Australia Visa Lawyer can provide you guidance on visa proceedings and any hindrances you may face. Although external professional assistance may not guarantee the approval of your partner visa application to Australia, it can surely help you seek practical tips on immigration, customized solutions, and legal aid at the time of need.