An Introductory Guide To The Partner Visa Australia

To qualify for this Prospective Spouse Visa Australia, applicants will need to provide statutory declarations from two witnesses giving details about the genuine nature of the relationship between the proposed marriage partners, including proof that they have met face-to-face as adults and know each other personally.

It’s a temporary residency visa lasting for nine months only but allowing you to work in Australia or study at your own expense during that time. If you are granted this visa, you should marry your prospective spouse and then apply for a Partner Visa Subclass 820 and 801 before your Prospective Marriage Visa Subclass 300 expires.

Eligibility Requirements For Visa Subclass 300

• Sponsorship. Applicants need to be sponsored by their intended spouse.
• Age. Applicants must be aged at least 18.
• Health and character. You must pass the required tests. 
• No government debt. Neither you nor any member of your family can owe money to the Australian Government.
• No visa cancellation or denial. A previous visa that was cancelled, or a visa application that was denied, may make you ineligible.

You must be outside Australia when you apply, which is why this visa is sometimes referred to as an Offshore Partner Visa Australia. 

The Provisional Visa Subclass 309 allows you to live, work and study in Australia, travel to and from Australia as often as you wish, for as long as it takes for your Migrant Visa Subclass 100 to be processed. You may attend English language classes provided free of charge.

Eligibility Requirements For Visa Subclass 309

• Legally married (under Australian law) or in a de facto relationship for at least 12 months with an Australian citizen or permanent resident, or eligible New Zealand citizen settled in Australia.
• Child’s best interests. Applicants under 18 might not be granted the visa if it is considered not in their best interests.
• Other eligibility requirements are the same as for the Prospective Marriage Visa Subclass 300 (above).

The Migrant Visa Subclass 100, once granted, allows you to live, work and study in Australia permanently, sponsor other eligible family members to come to Australia, and eventually apply for Australian citizenship.

Eligibility Requirements For Visa Subclass 100

• Hold a Provisional Visa Subclass 309, in most cases.

• Wait for two years in most, but not all, cases. (Four Corners Emigration can help with this.)
• Continue in your marriage or de facto relationship with your Provisional Visa sponsor, unless your relationship breaks down or your partner dies.
• No government debt. Neither you nor any member of your family can owe money to the Australian Government.
  
• Child’s best interests. Applicants under 18 might not be granted the visa if it is considered not in their best interests.

Once again it’s a two-stage process, where you apply for both the temporary and permanent residency visas at the same time and pay a single fee. Holders of the temporary 820 visa can live, work and study in Australia, and travel overseas if they wish, while waiting for their permanent residency 801 visa to be processed.  

Eligibility Requirements For Visa Subclass 820

Eligibility requirements for the Provisional Visa Subclass 820 are the same as for Visa Subclass 309 (No. 2 above), except that you must be in Australia (on another type of temporary visa) when you apply, not overseas.

Eligibility Requirements For Visa Subclass 801

• Hold a Provisional Visa Subclass 820, in most cases.

• Other eligibility requirements are the same as for the Migrant Visa Subclass 100 (No. 2 above).