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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.
Overview

Partner Visas

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.

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Target Market
  • 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
Sponsor requirements
  • 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
Visa types
  • Prospective Marriage (Subclass 300) (offshore) visa
  • Partner (Subclass 820/801) (onshore) visa
  • Partner (Subclass 309/100)(offshore) visa
Visa Requirements
  • 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
Visa Documents

Partner Visas

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.

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Identity
  • 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)
Shared finances
  • 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
Social aspects
  • 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
Family members
  • 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)
Sponsor Documents

Partner Visas

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.

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Sponsor Identity
  • 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
Character
  • 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)

Processing

20%

Price

20%

Pathways to PR

100%

Simplicity

50%

Work authorisation

100%
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A permanent residence visa that provides to unlimited work authorization and pathways to citizenship

Despite an expensive lodgement fee, Partner visas allow the holder to access medicare and work in Australia. In some cases, simply lodging a Partner visa can provide the same effects. However, these visas during their temporary stage are largely dependent on maintaining the relationship. In case of a relationship breakdown, contact an immigration specialist immediately.

Partner Visas

Frequently Asked Questions

Is the Partner visa a temporary or permanent visa?

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.

I hold a current visa and am in Australia, what if it expires before my Partner visa is approved?

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.

Do I need health, character and / or English assessments?

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:

  1. You hold a passport from the UK, US, Canada, New Zealand or Ireland
  2. 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.

Do I have any conditions once I have obtained my Partner visa?

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.

Where do I have to be to lodge the visa application?

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.

Can I work during the processing of my visa application (if onshore)?

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.

Can I travel during processing (if onshore)?

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.

How long is my visa valid for?

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.

Can I include my family?

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.

What if my relationship breaks down?

This depends on many factors including the circumstances of the relationship breakdown. In some cases, you may retain your Partner visa.

Can my children study?

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.

Does this visa grant access to Medicare?

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.

Should I just book my health examinations and obtain police clearances?

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.

Disclaimer

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.

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