Australia partner visas

Do I qualify for an Australia Partner visa?

happy couple after getting an Australia partner visa

Sponsoring your partner to Australia (or being sponsored by your partner) can be a strenuous, time consuming undertaking. When we lodged our own Australian partner visa application in 2007 we experienced the immediate difficulties couples are faced with when dealing with the Australian immigration authorities. If you’re looking for a migration agent with extensive experience with Australia partner visas, look no further.

The Department of Immigration & Border Protection doesn’t generally offer advice to prospective migrants and when lodging an application it’s up to the applicants to build a strong case and provide sufficient evidence of their genuine and ongoing relationship.

What’s important to note is the decisions you make early on in the process may bear implications on your application further down the track.

What we’ve learnt through the many cases we’ve assisted is that each situation is unique. Very rarely do we consult couples with a straightforward case. Some of the questions we get regularly include:

  • what happens if we don’t meet the cohabitation criteria?
  • do we apply onshore or offshore?
  • what happens if the applicant has a criminal record?
  • what about same-sex relationships?

Who can apply for an Australian partner visa?

Married partners (opposite-sex spouses) and de facto (unmarried) partners, including those in a same-sex relationship, of an Australian citizen, Australian permanent resident or eligible New Zealand citizen may be granted a visa to enter Australia and remain permanently under the partner category.

Couples are required to provide supporting evidence to prove that they meet the eligibility criteria.

What constitutes an eligible sponsor?

Partners of Australian citizens, Australian permanent residents, or eligible New Zealand citizens may apply to enter and/or remain permanently in Australia. Partners include:

  • a fiancé or fiancée
  • a married partner
  • a de facto partner
  • a same‐sex partner

Choosing the most appropriate partner / spouse visa

Your unique circumstances will determine which Australian visa within the partner category is most appropriate. If you unsure about your eligibility for a partner / spouse visa we recommend completing a no obligation partner visa assessment.

Migrating to Australia on a partner visa

The partner visa category is one of the most common pathways for immigration to Australia. It provides genuine couples with viable option to settle in Australia, which may lead to permanent residence in Australia.

After the initial two year period, the applicant may be granted a permanent visa if you are able to provide evidence of your ongoing commitment to one another.

300 – Prospective Marriage visa

This visa is intended for couples who plan to get married onshore or offshore within the visa validity period.

This however is only a temporary visa and the applicant will need to apply for a partner visa after once married.

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309 & 100 – Offshore Partner visa

The offshore partner visa class is appropriate for couples who are currently outside Australia.

This visa is suitable for couples who meet the de facto visa criteria and wish to lodge their application abroad.

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820 & 801 – Onshore Partner visa

The onshore partner visa class is appropriate for couples already in Australia. Do you meet the de facto visa criteria for this visa?

If you do, you can apply for this visa onshore and remain in Australia while the application is processing.

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