Partner Visas

 

You may be eligible for a Partner Visa subclass if you are married or in a relationship with:

  • An Australian citizen;
  • Australian permanent resident; or
  • An eligible New Zealand citizen.

If you are in a relationship with an Australian citizen, Australian permanent resident or an eligible New Zealand citizen, you may be able to apply for a partner visa.

 

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A. Partner/Spouse Visa (Subclasses 820 and 801 - onshore)

Visa 820 and Visa 821 allow you to enter and remain in Australia on the basis of your relationship (married or de-facto) with your sponsoring Australian partner.

Subclass 820 is a temporary visa usually for two years, granted until a decision on the permanent visa has been made. To be eligible, you must be married to your Australian partner or be in a de-facto relationship for more than one year. You and your partner must show that the relationship is genuine and continuing and that there is a mutual commitment to a shared life to the exclusion of all others. If after your two-year waiting period the relationship is proven to be continuing, you can be granted the permanent Subclass 801.

You may not be able to apply for this visa if you have had a visa cancelled or refused while you were in Australia.

B. Partner/Spouse Visa (Subclasses 309 and 100 - offshore)

You may be eligible for this 309 Visa and 100 Visa, subclasses if you are offshore and married or in a relationship with:

  • An Australian citizen;
  • Australian permanent resident; or
  • An eligible New Zealand citizen.

Subclass 309 is a temporary visa usually for two years, granted until a decision on the permanent visa has been made.  To be eligible, you must be married to your partner or be in a de-facto relationship for more than one year.  You and your partner must show that the relationship is genuine and continuing and that there is a mutual commitment to a shared life to the exclusion of all others. If after your two-year waiting period the relationship is proven to be continuing, you can be granted the permanent Subclass 100.

Note: Some relationships are eligible for the permanent visa without the waiting period, by applying for a waiver (e.g. if the relationship is over three years or over two years with dependent children).

 

C. New Zealand Citizen Family Relationship (Temporary) Visa (subclass 461)

461 Visa enables a non-New Zealand family member of a New Zealand citizen to work and live in Australia for up to five years.
 

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