ONSHORE PARTNER VISA (820/801)
The Onshore Partner Visa is for individuals who are currently inside Australia and wish to live and settle with their Australian citizen, permanent resident, or eligible New Zealand citizen partner.
The application involves a combined, two-stage process for both the temporary (subclass 820) and permanent (subclass 801) visas. The temporary visa is processed first, granting the applicant permission to stay, work, study, and access Medicare in Australia, and to travel multiple times. You may be eligible for a Bridging visa to remain in Australia while waiting for the temporary visa to be processed. Generally, the applicant becomes eligible to apply for the permanent visa two years after the initial application, although the permanent visa may be granted immediately if the couple can demonstrate a long-standing relationship (three years, or two years if they have a child together).
The applicant must be over 18 and be sponsored by their partner, who must remain their sponsor until the permanent visa is granted. The couple must provide strong evidence that their relationship is genuine and continuing. De facto partners usually must show they have been in the relationship for at least 12 months, unless the relationship has been officially registered or there are compelling compassionate circumstances. It is mandatory that the applicant is physically inside Australia when the application is lodged. Furthermore, all applicants, including any dependent children, must meet the standard health, character and compliance requirements.
Thinking about applying for this visa? Start your eligibility check today.
OFFSHORE PARTNER VISA (309/100)
The Offshore Partner visa is essentially the counterpart to the Onshore Partner Visa. The core requirements - being in a genuine and continuing relationship with an Australian citizen, Permanent resident or eligible New Zealand citizen - are the same for both pathways.
The major difference revolve around the applicant's location at the time of application and during processing. For the Offshore visa, the applicant must be outside Australia when the combined application is lodged. An offshore applicant is not eligible for a Bridging visa upon application. This means they cannot automatically remain lawfully in Australia while the temporary visa (subclass 309) is being processed. The applicant must usually wait outside of Australia, though they can apply for a separate Visitor visa to visit their partner in the interim.
Thinking about applying for this visa? Start your eligibility check today.
PROSPECTIVE MARRIAGE VISA (300)
The Prospective Marriage Visa is for individuals who are outside Australia and intend to travel to Australia specifically to marry their Australian citizen, permanent resident, or eligible New Zealand citizen fiancé(e).
This visa allows you to enter Australia and stay for a temporary period, typically 9 to 15 months, from the date of grant. During this time, you can live, work, and study in the country, and travel multiple times. Crucially, the main purpose of this visa is to allow the marriage to take place, after which you must apply for the Onshore Partner Visa (subclasses 820/801) to settle permanently. You may include your dependent child in the application.
Applicants must be over 18 and be sponsored by their prospective spouse. They must demonstrate a genuine intention to marry their sponsor and live together as spouses afterwards. They must also prove that they have personally met your sponsor since both of them turned 18. As with other family visas, applicants must meet the standard health, character and compliance requirements.
Thinking about applying for this visa? Start your eligibility check today.
By Mondo Migration | Registered Australian Migration Agent (MARN 2619196)