Partner visas accommodate both onshore applications for couples already in Australia and offshore applications for partners applying from outside the country. Each pathway involves two-stage processing, beginning with temporary visa grants enabling Australian residence while permanent visa applications undergo assessment. This structure ensures couples can commence their Australian lives together while maintaining compliance throughout the comprehensive assessment process.
1 Onshore Partner Visa Options
Subclass 820 - Temporary Partner Visa: This temporary visa enables spouses or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens to reside in Australia while permanent partner visa applications undergo processing. Visa validity extends until permanent subclass 801 visa decisions are made, typically approximately two years after initial application lodgement.
Subclass 820 Benefits: Visa holders may live, work, and study in Australia without restrictions during temporary visa periods. Multiple-entry travel privileges enable international travel while maintaining Australian residence. Access to Medicare, Australia's public healthcare system, provides comprehensive medical coverage. Eligibility for Adult Migrant English Program classes supports settlement and language development.
Subclass 801 - Permanent Partner Visa: The permanent partner visa grants indefinite Australian residency following successful temporary visa periods. Unlike temporary subclass 820 visas, permanent residence enables lifelong Australian settlement without renewal requirements. Visa holders gain citizenship application eligibility after meeting residency requirements, typically four years permanent residence.
Subclass 801 Additional Rights: Permanent visa holders may sponsor eligible family members for Australian visas. Five-year travel facilities permit unrestricted international travel with guaranteed Australian re-entry. After five years, Resident Return visas facilitate continued international travel while maintaining permanent residency status.
2 Offshore Partner Visa Options
Subclass 309 - Provisional Partner Visa: This temporary visa enables partners applying from overseas to enter and reside in Australia while permanent visa applications undergo processing. The subclass 309 visa functions similarly to onshore subclass 820 visas, providing temporary residence pending permanent visa assessment outcomes.
Subclass 100 - Permanent Partner Visa: Following successful temporary visa periods, applicants transition to permanent partner subclass 100 visas granting indefinite Australian residence. This progression mirrors the onshore pathway from subclass 309 provisional status to permanent settlement with complete work, study, and residence rights.
Offshore Processing Considerations: Offshore applicants must meet identical relationship, health, and character requirements as onshore applicants. Processing timeframes generally align with onshore applications, with permanent visa assessments typically occurring two years after initial combined application lodgement.
3 Core Eligibility Requirements
Relationship Status: Applicants must be married or in de facto relationships with Australian citizens, permanent residents, or eligible New Zealand citizens. Relationships may be same-sex or different-sex partnerships, with both receiving equal consideration under immigration law.
Age Requirements: Applicants must be at least 18 years old in accordance with Australian marriage legislation. Younger applicants may qualify under exceptional circumstances with parental consent and relevant authority approvals.
Married Couple Criteria: Marriages must be valid under Australian law and demonstrate that couples cohabit or do not live permanently apart. No familial relationships can exist between partners. Relationships must be genuine, continuing, and demonstrate mutual commitment to shared exclusive lives together.
De Facto Relationship Requirements: De facto couples must demonstrate committed, exclusive partnerships for at least twelve months before application lodgement. Online dating alone is insufficient evidence. The twelve-month requirement may be waived if compelling, compassionate circumstances exist justifying urgent visa processing.
Health and Character Standards: All applicants must satisfy Department of Home Affairs health requirements, potentially involving comprehensive medical examinations. Character assessments include police certificates, statutory declarations, and Australian character test completion. No outstanding debts can be owed to the Australian government at application time.
4 Sponsorship and Processing Requirements
Sponsorship Obligations: Partner visa applications require sponsorship from Australian citizen, permanent resident, or eligible New Zealand citizen partners. Sponsors must meet approval requirements including character assessments and demonstrate capacity to support applicants throughout visa processing periods.
Subclass 820/309 Specific Requirements: Onshore applicants lodging subclass 820/801 applications must hold substantive visas or demonstrate compelling, compassionate reasons for not holding substantive visas. Applicants holding subclass 491 or 494 visas must have maintained these visas for at least three years before lodging partner visa applications.
Sponsor Restrictions: Sponsors cannot be changed within two years of temporary visa grants unless exceptional circumstances apply. This restriction maintains relationship assessment integrity and prevents visa program misuse.
Permanent Visa Eligibility: Subclass 801/100 permanent visa applicants must hold temporary subclass 820/309 visas or dependent child subclass 445 visas. Typically, two years must elapse from initial combined application lodgement before permanent visa assessments commence. Applicants must continue satisfying relationship criteria, though some provisions exist for relationship breakdowns involving domestic violence or death.
Processing Timeframes: The Department assesses applications individually based on specific relationship circumstances. Processing duration varies considerably depending on case complexity, documentation completeness, and verification requirements. Permanent visa processing typically begins two years post-application, aligning with eligibility commencement.
Your Success Partner
AI Global provides comprehensive support for partner visa applicants across all subclasses, assisting with eligibility assessment, relationship evidence compilation, sponsorship applications, and documentation preparation. Our experienced migration agents guide you through health examinations, police certificates, relationship statements, and application lodgement, maximizing your prospects for successful visa approval and Australian settlement with your partner.
Contact us today to explore your options for partner visas and begin your journey toward building your future together in Australia.