Partner and Family Visas In Australia
Australia offers Partner and some Family visas to individuals to reunite with family members, live, work, and even gain permanent residence. Nia Migration is an expert in the Partner visa process, outlining who qualifies, what is needed, steps to follow, fees, and living in Australia on these visas.
Australian Partner and Family Visas: Keeping Loved Ones Together
The main aim of these visas is to allow migration on the grounds of a genuine relationship with an Australian citizen, resident, or eligible New Zealand citizen. Family reunification matters to Australia.
Who do these visas cater to?
Most typically, Partner visas are for people in a married or de facto relationship with an eligible Australian. There are also fiancé (Prospective Marriage visa), children who satisfy the dependent criterion, parents, and occasionally other family members.
Simple Outcome:
For Partner visas, the usual outcome is permanent Australian residency, usually a two-step one (initially temporary and then permanent). Permanent residency is granted immediately by many other family visas. These visas concern sharing an Australian long-term future with those they care about.
Reason:
To allow the eligible persons to immigrate to Australia to reside with family members and enrich the nation's culture and population.
Though there are other Family visas, we will cover mainly the Partner visa streams (Subclasses 820/801 and 309/100) and the Prospective Marriage visa (Subclass 300), as they are more common and involve an applicant and a sponsor.
Requirements for The Applicant
Applying for an Australian Partner visa means you must meet specific rules, with the genuine nature of your relationship being the most important.
Relationship Status:
You must be in a genuine and continuing relationship with your Australian partner:
- Legally married (a spouse).
- In a de facto relationship, generally living together for at least 12 months before applying. (Note: The 12-month rule can sometimes be waived if you've registered your relationship in a state/territory that allows it for migration.)
For the Prospective Marriage visa (Subclass 300), you must genuinely intend to marry your eligible Australian fiancé within nine months of visa approval and entry into Australia. You don't need to live together when you apply, but you must have met face-to-face and know each other.
Commitment:
You and your partner must be committed to a shared life with each other only. For migration, the partnership must be genuine and continuous, not temporary.
Living Arrangements:
You should generally live together, or if you are apart temporarily, it shouldn't be permanent.
Health:
You must meet Australia's health standards, which involve medical exams by an approved doctor.
Character:
You must meet Australia's character requirements, usually involving police certificates from your home country and every other country where you lived for 12+ months over the last 10 years since reaching age 16.
Age:
You should be 18+ when you apply. Your sponsor will also need to be 18+.
Application Location:
Different Partner visas depend on whether you apply in Australia (Subclass 820/801) or abroad (Subclass 309/100). The Prospective Marriage visa (Subclass 300) must be used overseas.
Building a Real Relationship is Vital: This is the key plank of any Partner visa and calls for significant, cogent evidence in most areas of your relationship. Qualifying can be tricky; expert advice is strongly recommended to make yours secure.
The Australian Partner's Role: Requirements for the Sponsor
For Partner visas, your sponsor will be your Australian partner and must meet some requirements.
Status in Australia:
The sponsor must be an Australian citizen, resident, or a qualifying New Zealand citizen normally living in Australia.
Character:
Sponsors must also meet character requirements and usually provide police certificates. However, who may sponsor is limited if they have a severe criminal record, especially for domestic violence or severe crimes.
Sponsorship Caps:
To prevent abuse of the scheme, controls are placed on the frequency with which a person may sponsor or be sponsored for a Partner visa.
Sponsorship Responsibilities:
Under sponsorship of a sponsor for an Australian visa, the sponsor promises to provide initial settlement and financial support, i.e., English classes if required, and to report to the Department regarding significant changes. Sponsorship is usually evaluated in conjunction with the visa application.
The Application Process: Your Journey Together
Applying for an Australian Partner visa is thorough and requires extensive evidence gathering. It's usually a multi-stage process.
Key Stages (Partner Visas 820/801 and 309/100):
- Lodgement: You (the applicant) and your Australian partner usually lodge the sponsorship and visa applications online via the Department's ImmiAccount. Sometimes, the sponsorship needs approval first.
- Gather Relationship Evidence: Start collecting evidence from the beginning of your relationship. You need strong evidence across four key areas:
- Financial: Proof of shared money matters (joint bank accounts, bills, joint property/leases).
- Household: Proof of living together and sharing responsibilities (joint utility bills, mail to both at same address, statements from friends/family about living situation).
- Social: Prove the relationship is known to others (joint invitations, photos with friends/family, statutory declarations from friends/family - Form 888).
- Commitment: Proof of long-term commitment (how long together, knowing each other's lives, future plans, significant moments in the relationship).
- Health Exams & Police Checks: Both you and your sponsor will need these. It's often good to start them soon after applying to avoid delays.
- Waiting & Temporary Visa Assessment: The Department assesses both applications, focusing on the genuine relationship. The decision on the temporary visa can take a long time.
- Temporary Visa Grant: If approved, you get the temporary Partner visa (820 if applied onshore, 309 if offshore). This lets you live in Australia temporarily.
- Permanent Visa Assessment (~2 years later): The Department checks if the relationship is still genuine and continuing about two years after you first lodged the application (not two years after the temporary visa is granted). They might ask for updated evidence.
- Permanent Visa Grant: If the relationship is still considered genuine (and other rules are met), you get the permanent Partner visa (801 if the temporary was 820, 100 if the temporary was 309), which gives you permanent residency.
Prospective Marriage Visa (Subclass 300):
A single temporary visa for nine months. During this time, you must come to Australia, marry your eligible Australian fiancé within nine months of visa approval and entry into Australia. You must then apply for the onshore Partner visa (820/801) before your Subclass 300 visa expires.
Key Documents:
- Proof of identity for you and your sponsor (passports, birth certificates, etc.).
- Much varied evidence proves the genuine and continuing relationship across the four areas.
- Marriage certificate (if married).
- Birth certificates for any children on the application.
- Health exam results for both you and your sponsor.
- Police certificates for both you and your sponsor from all required countries.
- Proof of sponsor's Australian status (citizen, PR, eligible NZ).
- Statutory declarations about the relationship from friends/family (Form 888 is often used).
- Character declarations from you and your sponsor.
Important Application Tips:
- Provide Proof: Back up every claim with credible evidence.
- Relationship Evidence is Key: This is most important. Give comprehensive, consistent, varied evidence covering your whole relationship.
- Interviews: Be ready for possible interviews, separately or together.
- Translations: Non-English documents need accredited English translations.
After Lodging:
- You'll get confirmation that the application is lodged.
- Track progress via ImmiAccount.
- The department will likely ask for more information and respond quickly.
Processing times can be long and change. Patience is needed. Making your application 'decision-ready' with strong evidence from the start helps prevent delays. Suppose you apply for onshore (820/801) and have a visa expiring after you. In that case, you'll usually get a Bridging Visa A to stay lawfully while waiting.
Understanding the Costs
Partner and Family visa applications have significant government fees.
Visa Application Charge (VAC):
The government fee for Partner visas (covering both stages) is substantial. Different fees apply for the Prospective Marriage visa (300) and other Family visas.
Other Potential Costs:
- Health exam fees for both.
- Police certificate fees for both.
- Document translation costs.
- Costs to gather evidence (declarations, possibly relationship registration fees).
- Biometrics fees (if required).
- Registered Migration Agent Fees: See our pricing page for Nia Migration's fees.
Government fees can change; always check the official Department website for the latest VAC.
Your Life in Australia on a Partner or Prospective Marriage Visa
Being in Australia on these visas means building your life with your partner and joining the community.
Entitlements:
- Temporary Partner Visa (820 or 309):
- Live in Australia temporarily.
- Full work rights (work for any employer).
- Study in Australia.
- Typically eligible for Medicare (public healthcare).
- Travel in and out of Australia while the temporary visa is valid.
- Permanent Partner Visa (801 or 100):
- Full rights of an Australian permanent resident (live, work, study here forever without limits).
- Continued Medicare access.
- May get certain social security payments (waiting periods apply).
- Can potentially sponsor other eligible family members for PR later.
- Potential path to Australian Citizenship once residency rules are met.
- Prospective Marriage Visa (300):
- Travel to and live in Australia for up to nine months.
- Full work rights.
- Study.
- Typically eligible for Medicare.
The main requirement is to marry your Australian fiancé within nine months and then apply for the onshore Partner visa (820/801) before the 300 visa ends.
Conditions:
You must follow the conditions on your grant notice. The main ongoing rule for Partner visas is maintaining a genuine relationship with your sponsor. The Prospective Marriage visa involves marrying your sponsor within nine months. You must also follow all Australian laws.
Things to Watch Out For
Partner visa applications are closely checked. Issues can cause delays or refusal.
Relationship Not Seen as Genuine:
This is the most common refusal reason. The Department must be convinced based on evidence. Lack of, inconsistent, or contradictory evidence is a big issue.
Not Enough Relationship Evidence:
Not providing enough strong evidence across all four areas weakens your case. Generic statements don't carry much weight.
Sponsor Not Eligible:
If your sponsor doesn't meet character rules or is affected by sponsorship limits, they can't sponsor you, and your application will be refused.
Relationship Breakdown:
If the relationship ends before the permanent visa is granted, your temporary visa may be cancelled, and the permanent one may be refused. (Note: Exceptions exist in specific cases, like proven family violence.)
Not Meeting Health/Character Rules:
Will result in refusal.
Applying Onshore While Unlawful:
To apply for the onshore Partner visa (820/801), you usually need a valid visa unless specific, limited exceptions apply. Applying while unlawful can make your application invalid.
Proving a genuine relationship is complex. Getting professional advice early helps you understand the rules and build a strong case.
Making Your Application Stronger: Tips
Proactive steps to improve your application's chances:
Gather Evidence Early:
Start collecting evidence from the start of your relationship. Organise it according to the four areas (financial, household, social, and commitment). Get a wide variety of evidence covering the duration of the whole relationship. Don't rely on just one or two types.
Be Honest and Consistent:
All info and documents must be truthful and match between you and your sponsor. Inconsistencies raise doubts.
Address All Four Areas:
Provide detailed information and strong evidence for each relationship area. Clearly show the shared parts of your life.
Do Health/Police Checks Quickly:
Do these soon after applying to avoid delays.
Ensure Sponsor Eligibility:
Work with your sponsor to check they meet all rules (character, limits) and provide their documents.
Provide Statutory Declarations (Form 888):
Ask friends and family who know your relationship to fill out Form 888, sharing what they know.
The most important thing is providing accurate, consistent, and extensive evidence that clearly shows your genuine and ongoing commitment to each other.
Ready to Be Together? How Nia Migration Can Help You
Australian Partner and Family visa applications are known for being complex and needing detailed proof of a genuine relationship. Managing the multi-stage process and ensuring all rules are met for you and your sponsor can be hard.
Getting expert help from a Registered Migration Agent like Niloo Nia at Nia Migration gives you vital support and confidence. We can assess your relationship, confirm your eligibility, guide you through gathering strong evidence, and manage the application from start to finish (temporary to permanent).
Our services include:
- A detailed eligibility check is required for a partner or other relevant visas.
- Advice on the best visa path for you (onshore vs offshore, Partner vs Prospective Marriage).
- Comprehensive guidance for you and your sponsor on gathering, organising, and showing strong evidence across the four relationship areas.
- Help preparing and lodging both the sponsorship and visa applications online.
- Guidance on health and character rules.
- Support during processing, including for the second stage (permanent visa) check.
- Talking to the Department for you (as your representative).
- Ongoing support during the potentially long processing time.
We are dedicated to helping you through this complex but rewarding process, bringing you closer to being together and building your future in Australia.
Contact Nia Migration today to discuss your Australian Partner or Family visa options and start the steps towards reuniting with loved ones Down Under.
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