Australian Partner Visa Onshore Offshore Applications - Shaheen Legal

Australian Partner Visa

Complete help and guidance including consulting, application filling and communication with the Immigration Department.

Who can apply for a Partner visa?

If you are an Australian citizens, permanent residents and/or eligible New Zealand citizens, then you can sponsor your married or de facto partner by lodging a Partner visa application. Onshore and offshore partner visas are granted in a two-stage process.

First Stage – Once you make your initial application and have been granted with a partner visa application, you will then receive a temporary partner visa.

Second Stage – After 2 years of holding a temporary partner visa, you will be eligible to apply for a permanent partner visa application.

What are the different type of Partner visa applications?

Partner category migration applies to:

There are three types of partner visas

  1. Prospective Marriage visa (Subclass 300): The purpose of this visa is that you should have the intention to marry your partner in Australia, who is an Australian Citizen, permanent resident or an eligible New Zealand citizen, within 9 months of arrival.
  2. Partner visa (Subclass 820 (temporary) and Subclass 801 (permanent)) – This visa is for applicants who are currently married and living in Australia. They can then apply for a partner visa application while they are in Australia. Once the application is lodged while on onshore, they will be able to stay in Australia on a Bridging Visa until they receive an outcome for their partner visa application.
  3. Partner visa (Subclass 309 (temporary) and Subclass 100 (permanent)) – This visa is for applicants who are currently NOT living in Australia and wish to apply for partner visa. They will need to be outside of Australia at the time of visa lodgment.

The type of visa you should apply for depends on your relationship with your spouse. You can either apply inside or outside of Australia.

Applying from Overseas

Prospective Marriage Visa - sc 300

Must Apply Overseas

With this visa you can come to Australia to get married to your prospective partner within 9-15 months, after which you can apply for Temporary Partner Visa.

  • Stay in Australia 9 and 15 months from date visa grant
  • You can work and study in Australia.

Cost: From AUD $8,085

Processing times (estimates)

  • 25% of applications: 7 months
  • 50% of applications: 13 months
  • 75% of applications: 23 months
  • 90% of applications: 29 months

More Details

Partner Visa Provisional - sc 309

Must Apply Overseas

This visa is for those who are outside Australia and are already married or in a de facto relationship with an Australia citizen, Australian permanent resident or eligible New Zealand citizen. With this visa you can come to Australia on temporary basis until you are granted permanent partner visa (subclass 100).

  • It is a temporary visa
  • You must be in Australia when you apply
  • Will lead to permanent Partner visa
  • You can work and study in Australia
  • You can travel to and from Australia as many times as you want

Stay: Temporarily until your permanent Partner visa (subclass 100) application is finalised or you withdraw your application.

Cost: From AUD $8,085 (this is a combined visa cost for Subclass 309 and Subclass 100)

Processing times (estimates)

  • 25% of applications: 5 months
  • 50% of applications: 9 months
  • 75% of applications: 20 months
  • 90% of applications: 32 months

More Details

Partner Visa Permanent - sc 100

This visa is for those who are already on temporary visa subclass 309 and have a continuing relationship with their spouse. This visa allows you to live in Australia permanently and apply for Australia Citizenship.

  • This is a permanent visa
  • You must hold a temporary Partner visa (subclass 309)
  • You can apply for this visa 2 years from the date of grant of Subclass 309

Stay: Permanently

Cost: You paid for this visa when you made  your combined application for the temporary and permanent partner visas.

Processing times (estimates)

  • 25% of applications: 5 months
  • 50% of applications: 9 months
  • 75% of applications: 18 months
  • 90% of applications: 29 months

More Details

Applying from Australia

Partner Visa Temporary - sc 820

Apply in Australia

You can apply for this visa if you are in Australia and are married or in a de facto relationship with an Australian citizen, Australia permanent resident or eligible New Zealand citizen. This visa will lead to permanent visa subclass 801.

  • This is a temporary visa
  • You must be in Australia when you apply
  • Will lead to permanent Partner visa
  • You can live, work and study in Australia
  • You can travel to and from Australia as many times as you want

Stay: Temporarily until your permanent Partner visa (subclass 801) application is finalised or you withdraw your application.

Cost: From AUD $8,085 for most applicants. From AUD1,310 for Prospective Marriage visa (subclass 300) holders. (This is a combined visa cost for Subclass 820 and Subclass 801)

Processing times (estimates)

  • 25% of applications: 6 months
  • 50% of applications: 9 months
  • 75% of applications: 21 months
  • 90% of applications: 33 months

More Details

Partner Visa Permanent - sc 801

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia permanently. It is usually only for people who currently hold a temporary Partner visa (subclass 820).

This visa is for those who are already on temporary visa subclass 820 and have a continuing relationship with their spouse. This visa allows you to live in Australia permanently and apply for Australia Citizenship.

  • This is a permanent visa
  • You must hold a temporary Partner visa (subclass 820)
  • You can apply for this visa 2 years from the date of grant of Subclass 309

Stay: Permanently

Cost: You paid for this visa when you made your combined application for the temporary and permanent partner visas.

Processing times (estimates)

  • 25% of applications: 3 months
  • 50% of applications: 5 months
  • 75% of applications: 12 months
  • 90% of applications: 21 months

More Details

Updates

The Department is not asking Family visa applicants (including subclass 300 applicants) to travel offshore for the grant of their visa at this time.

* Processing times update regularly, and all applications are assessed on a case by case basis. Complex cases may take longer to process. Published processing times should be used as a guideline and cannot be influenced.

How can I show my relationship is genuine and real?

Partner visa applicants must demonstrate that they:

If you are apply as a married visa applicant then you must provide evidence confirming your marriage is valid under Australian law (ie; Marriage Certificate).

If you are applying as De facto visa applicant then you must show that they are not related by family, and your relationship has existed for at least 12 months immediately before lodging the application.

You as the applicant must be sponsored by your partner or fiance who is either an Australian Citizen, permanent resident or eligible New Zealand citizen. Although the sponsor may some restrictions as to whether they can are a lawful sponsor or not.

Children under 16 years of age can be included in the main applicant’s Partner visa application.

How much does it cost to apply for a partner visa?

Currently the cost of partner visa application fee is $7,715. This may change or increase in the future.

How long is the processing time for a partner visa?

The suggested processing time as per Home Affairs website is:

Partner visa (temporary)

Partner visa (permanent)

Should I hire an experienced Immigration lawyer to help me with my partner visa application?

You can lodge your partner visa application without any help from a migration agent or a lawyer. However, we do recommend atleast consulting with a Migration Agent or an Immigration lawyer prior to visa lodgement. Considering the high visa cost and the long processing time, we suggest you should discuss your partner visa application with our team rather to risk having unknown mistakes or errors in your application.

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