This Visa allows the partner or the spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia. You apply for temporary and permanent partner visas together. You can include your dependent child in your application when you apply for the combined temporary and permanent visas. If you did not include your dependent child in your temporary visa application, you can still add them to your application before the immigration officer decides on your permanent visa application.
Two visas fall under this category-
Combined Subclasses 820/ 801 (apply in Australia)
Partner Visa (Temporary) Subclass 820 - This is a temporary visa that leads directly to the Permanent partner visa. The applicant must be in Australia when he applies for this visa. This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 801). You should be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen and be in Australia when you apply for this visa and when the immigration officer decides your temporary visa application. The temporary partner 820 visas are granted first and allow the applicant to live in Australia for 15- 24 months. During this period, the applicants can apply for the permanent 801 visas if they wish to live in Australia permanently.
You might not be eligible for this visa if you have had a visa canceled or refused while you were in Australia.
❖ Meet relationship requirements. Your relationship can be with someone of the same or different sex.
❖ Meet the Australian Government health and character requirement
❖ You must have a sponsor (husband/wife/de facto partner)
❖ You must be 18 years or more at the time of lodging a visa
❖ You must be in Australia at the time of lodging a visa and when the visa is granted
Partner Visa (Permanent) Subclass 801 -
You must hold a temporary Partner visa (subclass 820) and in most cases, continue to be in a married or de facto relationship with your sponsor. This is a permanent visa and lets you stay in Australia indefinitely.
❖ You must hold a temporary partner visa (subclass 820)
❖ You must be in a continuing relationship with your spouse or de facto partner unless the relationship has been ended under special circumstances
❖ You might still be eligible for the permanent visa if your relationship breaks down or if your sponsor dies after we have granted the temporary visa but while we are still considering the permanent visa.
Combine Subclasses 309/100 (Apply overseas)
The Partner (Provisional and Migrant visa) (subclass 309 and 100) allows those individuals to live in Australia who is a spouse or de facto partner of either Australian citizen, permanent resident, or eligible New Zealand citizen. The provisional 309 visa is a temporary visa while the migrant 100 visa is permanent. The temporary provisional 309 visas are granted first, which allows the applicant to stay in Australia for two years and apply for the migrant 100 visas within that duration.
Partner provisional visa (Subclass 309)
Getting this visa is the first step towards a permanent Partner visa (subclass 100). You must be outside Australia when you apply for this visa. One can stay on the visa until your permanent visa (subclass 100) application is decided or you have to withdraw the application. For most applicants, this stay is from 15 to 24 months.
❖ You must be outside of Australia when lodging an application and when the decision is made
❖ You must be the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen.
❖ You must be at least 18 years of age or more when you apply for this visa (applied to both spouse and de facto partner)
❖ You must have a sponsor if your partner is less than 18 years of age (your partner’s parent or guardian who is an Australian citizen, permanent resident, or eligible New Zealand citizen.)
❖ You must meet health and character requirements
Partner migrant visa (Subclass 100)
It is usually granted to people who hold a temporary Partner visa (subclass 309). This is a permanent visa. With this visa, you can sponsor eligible family members to come to Australia and apply for Australian citizenship if eligible.
❖ You must hold a temporary partner visa (subclass 309)
❖ You must be in the continued marriage or de facto relationship unless there are special circumstances
❖ You must meet health and character requirements.