Spouses and de facto partners of Australian citizens, permanent residents or eligible New Zealand residents may be eligible for one of Australia’s Partner visas.
Read our general information and document checklists in relation to these visa categories below. Contact us directly for specific advice.
Australia’s Partner visas are temporary and permanent visas which allow spouses or de facto partners of Australian citizens, permanent residents, and eligible New Zealand citizens to obtain visas in Australia. Partner visas also allow the holder to access medicare and work in Australia. In some cases, simply lodging a Partner visa can provide the same effects.
- Married partners of Australian citizens, permanent residents or eligible New Zealand citizens
- De facto partners of Australian citizens, permanent residents or eligible New Zealand citizens
- Fiance’s of Australian citizens, permanent residents or eligible New Zealand citizens
- not have previously sponsored more than one partner,
- not have been sponsored by a partner, within the last 5 years (unless there are compelling circumstances)
- provide police clearance certificates to the Department for each country in which he/she has lived for at least 12 months during the last 10 years
- Prospective Marriage (Subclass 300) (offshore) visa
- Partner (Subclass 820/801) (onshore) visa
- Partner (Subclass 309/100)(offshore) visa
- If your application is based on marriage you must be legally married to an Australian citizen, permanent resident or eligible New Zealand citizen
- If your application is based on a de facto relationship you must demonstrate 12 months of evidence (unless in a registered de facto relationship)
- you and your partner must both be at least 18 years old, and must not be closely related
- you and your spouse/partner must be in a mutually exclusive relationship
- you and your spouse/partner must either live together, or live apart on a temporary basis only
The actual documents you require are dependent on your particular circumstances including (but not limited to) your family members, your health and character, your identity and your occupation. Your Hannan Tew advisor will provide you with a link to the Hannan Tew portal which will set out the specific documents required. A useful blog with more detailed information about the documents requried is also here.
- Copy of passport bio data page
- Proof of name change (if relevant)
- A draft statement of how you met the sponsor and the nature of the relationship (please use template from Hannan Tew)
- Mortgage or lease documentation showing joint ownership of rental or owned property
- Evidence of joint loans in relation to any financial purchases
- Statements from organisations evidencing joint bank accounts
- Your personal bank statement demonstrating transfer of funds from your account to your partner’s account
- Statements from other financial providers evidencing joint financial ties (e.g. insurance)
- Household bills addressed in both names
- Joint invitations and other correspondence from friends and family addressed to the both of you
- Proof of travel together (flight bookings, hotel bookings, trip itineraries)
- Evidence of phone calls to each other (e.g. statements from your phone companies) (d) Proof of joint, sporting, cultural, or social activities
- A small selection of photographs (with date and description) demonstrating your relationship
Commitment to relationship
- A legal Marriage Certificate or a registration of a De Facto relationship
- Letters and phone bills showing you have been in contact whilst apart
- The terms of your wills
- Copies of passport for each child
- Full birth certificate for the child listing out names of both parents
- Adoption papers or court orders (if applicable)
- If child is over 16, police clearances for any country where the child has lived for more than 12 months
- If child is over 18, proof that the child has been financially dependent on you (e.g. bank statements showing transfers) and evidence of continued
attendance at school (e.g. academic transcripts)
The actual documents you require are dependent on your particular circumstances including (but not limited to) your family members, your health and character, your identity and your occupation. Your Hannan Tew advisor will provide you with a link to the Hannan Tew portal which will set out the specific documents required.
- Sponsor’s passport bio data page
- Proof of name change (if applicable)
- If sponsor has been in past relationships, evidence of the end of that relationship (e.g. divorce certificate, death certificate)
- A draft statement of how the sponsor met the partner and the nature of the relationship (please use template from Hannan Tew)
- A full copy of sponsor’s CV
- Copies of police clearances from any country in which the Sponsor
has lived for 12 months or more since the age of 16 (including Australia)
We’ll advise and guide you from assessing eligibility to lodgement stage. We use an online document / information collection tool so that all your files and information are stored in one single location. You can use the Hannan Tew Portal to track the status of your matter and have a complete overview of documents required and provided.
Frequently Asked Questions
A Partner visa consists of two visas subclasses (one temporary and one permanent) which are applied for simultaneously.
Generally, you will firstly be assessed for the temporary component of the visa. Once granted, the temporary visa will permit you to remain and work in Australia until a decision is made on the permanent visa.
You will be eligible to be assessed for the permanent component of the visa two
years after the Partner visa application was lodged.
Individuals in a “long term relationship” may be eligible to be considered for grant of the permanent visa and bypass the temporary component altogether.
If you are in Australia and hold a substantive visa when we lodge your Partner visa application, in most cases you will be granted a Bridging Visa A (BVA). This BVA will allow you to remain in Australia during processing of your Partner visa.
Please note that the BVA will not allow you to re-enter Australia if you depart during processing of your Partner visa. Please notify us immediately if you have travel plans during the processing of your Partner visa.
Depending on your country of nationality and your travel history, you may require health examinations to process your visa. Hannan Tew will advise you of the relevant assessments once you have completed the information questionnaire.
You will need to obtain an English assessment unless one of the following applies:
- You hold a passport from the UK, US, Canada, New Zealand or Ireland
- You have completed a minimum of five years of full-time study in a
secondary and/or higher education institution where the instruction was
delivered in English
You will need to provide police clearances for all countries in which you have resided for 12 months or more in the last 10 years.
Generally none. Offshore temporary Partner visas will be subject to the condition that first entry be made before a specified date.
Other conditions may be applicable to children who have been included. Your Hannan Tew advisor will let you know of these conditions.
Most importantly, during the temporary component of your Partner visa, a break down in your relationship can lead to cancellation. Immediately speak to an immigration adviser if this occurs.
You can be outside or inside of Australia at time of visa lodgement.
If you are outside Australia at the time of visa lodgement, you will need to obtain another visa if you intend to travel to Australia during visa processing.
Your work rights will depend on what visa you hold (and applicable conditions).
Generally speaking once you have transitioned onto your BVA, you will have unrestricted work rights.
If you hold a valid visa, you are free to travel in out of Australia subject to the limitations of that visa.
Once you have transitioned onto a BVA, this will not allow you to re-enter Australia if you depart during processing. You will need to seek permission
beforehand. Please notify us immediately if you have travel plans during the processing of your Partner visa.
This is a permanent visa so does not have an expiry date. However, the visa is granted with a 5 year travel facility. This means that unless you obtain citizenship, after the travel facility expiry you will require a further visa (such as a Resident Return Visa) to enter Australia.
Yes, you generally can include your schildren in your visa application.
They will also receive a Partner Visa.
There are specific requirements for children over the age of 18 to demonstrate dependency.
Yes. However, different States/ Territories in Australia have different requirements and fees may be applicable. We strongly recommend that you explore this with the education provider directly.
Yes, once you obtain permanent residence you will have access to Medicare. In certain cases, the application for a Partner visa may give you access to Medicare. Please speak to your Hannan Tew adviser to learn more.
The Department have appointed particular panel doctors who are authorised to conduct health examinations for Australian visa purposes.
If the health examinations are not carried out by these individuals, they will need to be redone.
The Department also require specific police clearances.
Please wait for instructions from your HT advisor to ensure that you don’t unnecessarily incur any costs or loss of time.
There is no compulsory requirement for you to be in a married relationship before lodging a Partner Visa (subclass 309/100 or subclass 820/801). To be eligible to apply for a partner visa, you can be:
- in a married relationship OR
- in a de facto relationship for 12 months before applying OR
- in a relationship that is registered under a prescribed Australian state or territory legislation.
In all cases, you have to be in a genuine, ongoing relationship to the mutual exclusion of all others.
The Prospective Marriage Visa is for people who are engaged to marry an Australian and wish to enter Australia to marry the fiance(e). This visa can only be applied for from outside Australia. They do not have to be married or be a de facto couple to be eligible. However, the couple must have met in person at least once and intend to marry in Australia within 9 months of visa grant. After the wedding, the next step is to apply for the Partner Visa while in Australia.
On the other hand, the Partner Visa is for people who are already married, in a de facto relationship or in a registered / civil relationship.
Yes, same sex couples can apply for Partner visas in Australia.
Married couples do not need to demonstrate a specific lenth of relationship to apply for a Partner visa. However, de facto couples usually need to demonstrate that their genuine relationship has lasted for at least 12 months, though this can be avoided by registering a de facto relationship in certain Australian states.
If your Partner visa is refused, you may still be able to appeal your decision with the Administrative Appeals Tribunal (see here). Your prosopects will depend on your particular circumstances, so please contact us here if you have general questions, or book a consultation here for more detailed advice.
You can refer to our pricing guide here for an estimate of fixed fee professional fees. You will also need to pay government fees for this visa application, which are set out here. Feel free to play around with our cost calculator here, or contact a member of our team directly for a full breakdown of fees.
The information contained here is offered for informational purposes only and does not constitute legal advice or give rise to an attorney-client relationship between you and our firm. The information: (i) must be regarded as a practical guide for general information and not a process guide for determining the specific immigration requirements of the countries covered, (ii) should not be a substitute for a more indepth analysis of applicable facts and circumstances conducted by competent professionals, and (iii) does not represent an opinion from Hannan Tew or any of its agents with regard to the laws of any of the jurisdictions concerned. The information does not guarantee the outcome or approval of any particular immigration application.
What can we do for you?
With extensive experience leading a private client practice at one of the world’s largest immigration law firms, our staff have extensive experience advising in relation to all aspects of the Partner visa process, including when relationships break down.