Imagine this: You’re in a loving, committed relationship with someone who is an Australian citizen, permanent resident, or eligible New Zealand citizen. You’ve been together for a while, sharing your lives, making memories, and planning for the future. Yet, despite all this, there’s one thing that’s been holding you back from truly taking that next step—obtaining a visa to be together in Australia. Does this sound familiar? You’re definitely not alone. In fact, thousands of couples, both in Australia and overseas, are in the same situation. And here’s the good news: Whether you’re married or in a long-term, committed relationship, there’s an Australian partner visa or de facto visa option tailored specifically for couples like you. Now, you might be wondering, “How does the Australia Partner Visa or De Facto Visa work? Am I eligible? How do I apply?” Don’t worry, we’ve got you covered. In this blog, we’re going to break it all down for you.
Whether you’re already in Australia or you’re planning to apply from overseas, we’ll explore everything you need to know about the different partner visa options, including the Subclass 820 and 801 (for those already in Australia) and the Subclass 309 and 100 (for those applying from overseas). Let’s go on this journey together and make sure you have all the information you need to take the next step in your relationship!
What Exactly is the Australia Partner Visa or De Facto Visa?
Before diving into the specifics of the Australian Partner visa subclasses, let’s take a moment to understand what the Australia Partner Visa actually is. This visa is designed for couples who are in a genuine, long-term relationship, whether married or in a de facto relationship, with an Australian citizen, permanent resident, or eligible New Zealand citizen. It is an immigration pathway that allows you to stay in Australia and eventually obtain permanent residency. Sounds pretty great, right? Here’s the thing: Australia recognizes all types of genuine, long-term relationships—whether through marriage or other forms of partnership. So, even if you and your partner haven’t married, the love and commitment you share are still honored when it comes to immigration. The Australia Partner Visa or De Facto Visa is often seen as a pathway to a future together. If you meet the eligibility requirements, it’s your chance to live, work, and build a life in Australia with your partner. Whether you’re living in Australia or outside of it, this visa offers you the opportunity to stay together.
How Does the Australia Partner Visa or De Facto Visa Work?
You may be asking yourself, “Okay, I understand what it is, but how does it work? What’s the process?” Great questions! Let’s dive into the specifics. There are two key routes to apply for a partner visa in Australia: the onshore option (for those already in Australia) and the offshore option (for those applying from overseas). Both visa options come with a two-step process: a temporary visa and a permanent visa. Here’s how it works: Temporary Visa: You start by applying for a temporary visa that allows you to live in Australia while your permanent visa application is being processed. Permanent Visa: After holding the temporary visa for a specified period (usually two years), you can apply for the permanent visa. If everything goes well and your relationship remains genuine, you’ll be granted permanent residency. So, in short: you’re given the opportunity to live with your partner in Australia while your application for permanent residency is processed. It’s the best of both worlds!
The Different Visa Subclasses
To make things clearer, let’s break down the four main De Facto Visa subclasses that you’ll encounter. There are two main categories, each for different scenarios.
Subclass 820 and 801 (Onshore) – For Applicants in Australia
If you’re already in Australia and you want to apply for a visa to stay with your partner, the Subclass 820 and 801 visas are for you. Here’s a bit more about each: Subclass 820 (Temporary Visa): This is the temporary visa granted to you while you wait for your permanent Subclass 801 visa to be processed. Once granted, it allows you to stay in Australia with your partner, live together, and start building your life. Subclass 801 (Permanent Visa): This is the permanent visa granted after you’ve held the Subclass 820 visa for a certain period (usually around two years). The Subclass 801 visa lets you live permanently in Australia with your partner and provides you with full rights, including access to healthcare, work rights, and the ability to apply for citizenship eventually.
Subclass 309 and 100 (Offshore) – For Applicants Outside Australia
If you’re currently living outside Australia, the Subclass 309 and 100 visas are the right option for you. These Australia Partner visas work in much the same way as the onshore ones, with a few differences: Subclass 309 (Temporary Visa): If you’re applying from overseas, you’ll first apply for the Subclass 309 visa. This temporary visa allows you to enter Australia and live with your partner while your permanent Subclass 100 visa is being processed. Subclass 100 (Permanent Visa): After holding the Subclass 309 visa for two years, and assuming your relationship remains genuine, you can apply for the Subclass 100 permanent visa. This visa grants you permanent residency in Australia and the same rights as the Subclass 801 visa.
Eligibility Criteria: Are You Eligible for Australia Partner Visa or De Facto Visa?
Now, let’s get down to the important question: Are you eligible? The eligibility requirements for the Partner Visa or De Facto Visa can be a bit tricky, but don’t worry—we’ll walk you through it! For both the onshore (Subclass 820/801) and offshore (Subclass 309/100) visas, you must meet the following basic criteria:
- Relationship Requirement: You must be in a genuine and ongoing married or De Facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. The relationship needs to be exclusive, and you must have lived together for at least 12 months unless you can demonstrate that you have strong reasons for not meeting this requirement.
- Health and Character Checks: As part of the Australia Partner visa application process, you and your partner will need to meet the Australian Government’s health and character requirements. This includes getting a medical exam and providing police clearance certificates to prove that you don’t have any criminal history.
- Evidence of Relationship: To prove that your relationship is real and ongoing, you’ll need to submit supporting evidence. This might include: Joint bank accounts, utility bills, and lease agreements. Photos of you and your partner together, showing milestones in your relationship (e.g., holidays, events, etc.). Statements from family and friends who can vouch for the authenticity of your relationship.
- Visa Fees: Applying for a De Facto Visa comes with its costs. While the fees vary, it’s important to budget accordingly. Visa fees can be quite expensive, so make sure you check the current costs before starting your application.
The Application Process: How to Apply
Great news: You’re eligible! So, how do you apply? Let’s go through the step-by-step process.
For Subclass 820 and 801 (Onshore)
Prepare Your Documents: Start by gathering all the necessary documents. This includes proof of your relationship, health and character checks, and identification documents (like passports and birth certificates). Apply Online: The application for both the Subclass 820 and 801 visas is done online through the Australian Department of Home Affairs website. Make sure you’ve got everything ready before submitting. Wait for Processing: The Subclass 820 visa is a temporary visa that allows you to stay in Australia while your Subclass 801 application is processed. Processing times can vary, but it typically takes 12-29 months for the Subclass 820 visa. Permanent Visa Grant: After holding the Subclass 820 visa for about two years, you can apply for the Subclass 801 permanent visa. If your relationship is still ongoing and genuine, you’ll be granted permanent residency.
For Subclass 309 and 100 (Offshore)
Prepare Your Documents: As with the onshore visas, you’ll need to gather all the necessary documents, including proof of your relationship and health and character checks. Apply Online: Apply online for both the Subclass 309 and 100 visas through the Department of Home Affairs. Wait for Processing: After applying for the Subclass 309 visa, you’ll need to wait for it to be processed. The processing time for a Subclass 309 Visa is 14-26 months. Once granted, you can enter Australia and start living with your partner. Permanent Visa Grant: After holding the Subclass 309 visa for two years, and if your relationship remains genuine, you can apply for the permanent Subclass 100 visa.
Common Challenges & Mistakes When Applying for an Australia Partner Visa & How to Overcome Them
Applying for an Australia Partner Visa or De Facto Visa can be an exciting step toward building your life with your partner in Australia, but the process is not without its challenges. Here are some common mistakes and hurdles couples often face, along with tips on how to overcome them:
- Incomplete or Incorrect Documentation: One of the biggest mistakes applicants make is submitting incomplete or incorrect documents. This can lead to delays or even visa refusals. Solution: Start by carefully reviewing the document checklist provided by the Department of Home Affairs. Ensure you submit all the required paperwork, including proof of your relationship (photos, joint bills, etc.), identity documents, and health and character checks. Double-check everything to avoid mistakes.
- Not Meeting the 12-Month Requirement: Many applicants struggle to meet the 12-month cohabitation requirement, or they may not have enough evidence of their relationship. Solution: If you haven’t lived together for a full 12 months, provide alternative evidence of your relationship’s authenticity, like travel history, communication records, and testimonies from family and friends.
- Misunderstanding Visa Processing Times: Some applicants underestimate how long it takes for an Australia Partner Visa to process, leading to frustration. Solution: Be patient! Visa processing times can take months, so it’s important to apply well in advance and plan accordingly.
- Not Seeking Professional Help When Needed: Many people try to navigate the Australia Partner Visa application process on their own, which can be overwhelming. Solution: If you’re unsure about any aspect of the process, it’s worth consulting an immigration professional. A registered migration agent can guide you through the paperwork, ensure you meet the visa requirements, and help you avoid common pitfalls.
FAQs
What types of evidence are required to show my relationship is genuine?
Common evidence includes joint financial accounts, lease agreements, photographs, and statements from family and friends who can confirm the authenticity of your relationship.
What happens if my Partner Visa application is refused?
If your application is refused, you may have the option to appeal the decision or apply for another visa, depending on your situation. Seeking professional advice is recommended.
What is the processing time for the Partner Visa or De Facto Visa?
Processing times can vary, but typically it takes between 12 to 29 months for the temporary visa (Subclass 820 or 309) to be processed, and an additional 2 years before applying for permanent residency (Subclass 801 or 100).
What happens if my relationship ends after I apply for the Partner Visa?
If your relationship ends after your visa application has been lodged, it may affect the outcome of your visa. You will need to notify the Department of Home Affairs about the change in your relationship status.
West Highlander Immigration
When it comes to Australia Partner Visa or De Facto Visa applications, seeking professional guidance is essential to ensure a smooth and error-free process. A MARA agent, like Ms. Parwinder Kaur at West Highlander, can assist you throughout your visa application, making sure everything is in order. With over 19 years of experience in immigration, Ms. Kaur is well-equipped to guide you through each step, reducing the risk of mistakes and ensuring a higher chance of success. Don’t leave your future to chance – get expert help today!