Partner / Spouse Visa

You can apply for a Partner/Spouse visa if you are married to or have been in a de facto relationship (for at least 12 months) with an Australian citizen, Australian permanent resident, or Eligible New Zealand citizen at the time of making your application. You may also apply for this visa before you are actually married, but it will only be granted once you provide proof of your marriage and other supporting evidence. Similarly, Australia recognises Proxy Marriages (sometimes referred to as 'Online Marriage') for the purposes of a Partner visa, although it is highly recommended that you seek professional advice before applying on the basis of 'Intention to Marry' or 'Proxy Marriage' to avoid mistakes and potential delays or refusal.
 

It is important to note that a de facto Partner visa can be applied for only if you are not legally married, and there are specific and complex eligibility rules if you are applying based on a de facto relationship. Each situation is unique, and understanding your circumstances is essential before submitting an application.

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Stages of Partner Visa Application Processing

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Partner visa applications are generally processed in two stages. First, applicants are granted a temporary Partner visa — either subclass 309 if applying offshore, or subclass 820 if applying onshore. In the second stage, a permanent Partner visa is granted — either subclass 100 offshore or subclass 801 onshore. Applicants who apply onshore must ensure that their current visa allows them to submit an onshore Partner visa application. Most applications are lodged as combined applications, meaning both the temporary and permanent visa applications are submitted together, with a single visa fee payable at the time of lodgement. Applications are usually submitted through the Department of Home Affairs’ online portal, ImmiAccount, and depending on your circumstances, you may initially be granted only a temporary Partner visa.

s56 Requests in Partner Visa Applications

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During the processing of your Partner visa application, the Department may issue an IMMI s56 Request for More Information. An example of this may be a case officer requesting an overseas police clearance certificate in support of your Partner visa application. These requests are routine and are intended to assist the case officer in assessing your eligibility more accurately. Responding correctly and within the given timeframe is essential to avoid delays or adverse outcomes.

 

Benefits of a Partner Visa

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Once granted, a Partner visa allows you to:

• Live, work, and study in Australia

• Access free English language classes through the Adult Migrant English Program (up to 510 hours)

• Travel freely to and from Australia

• Access Medicare, Australia’s public healthcare system

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Basic Eligibility Requirements

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To be eligible for a Partner visa, you must:

• Be a spouse or de facto partner of an Australian citizen, permanent resident, or Eligible New Zealand citizen, or be intending to marry such a person

• Have a marriage or relationship recognised as valid under Australian law

• Be 18 years or older (special rules apply for 16–17-year-olds)

• Satisfy Health and Character requirements

• Be sponsored by your partner or spouse, who must meet sponsorship eligibility criteria

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Depending on your circumstances, a permanent Partner visa (subclass 100 or 801) may be granted immediately after the temporary visa if you can demonstrate certain conditions, such as having a child from your relationship, a relationship of at least two or three years, or if your sponsor holds a Humanitarian visa.

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Practical Tips for a Successful Application

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Preparing a Partner visa application requires careful planning and attention to detail. You must collect and examine all information and evidence that may substantiate your claims regarding the genuineness of your relationship. When completing your application and forms, consider why each question is asked and ensure that your statements and documents are accurate, relevant, and complete. Professional assistance can help you address the four pillars of your relationship — financial aspects, social aspects, household arrangements, and the nature of your commitment — while avoiding unnecessary errors or irrelevant information that may delay processing.

 

Do You Need an Immigration Lawyer?

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While there is no legal requirement to use a lawyer or registered migration agent, professional advice can be valuable in ensuring your application is correctly prepared and lodged. Fees for a Partner visa vary, with the main applicant fee currently AUD $9,365 excluding any surcharges. Additional costs may apply if dependent children are included in the application.

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Frequently Asked Questions (FAQ) - Partner Visa

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Q1: How long does it take to get a Partner visa?
The processing time varies depending on the length of your relationship, your country of nationality, the amount and quality of supporting evidence, whether you apply onshore or offshore, and the complexity of your case, among other factors. Most applications are usually decided within 14 - 24 months. You may click here to view the Department's Estimated Visa Processing Times for Partner visa applications.

 

Q2: Can I travel to Australia while my Partner visa is being processed?
Yes, but travel rights depend on your current visa and location. You may need, for example, a Visitor visa to enter and leave Australia during processing. If you have applied for your Partner visa onshore and were granted a Bridging Visa A, which is now active, then you will need a Bridging Visa B to leave and re-enter Australia.

 

Q3: What is a s56 Request, and how does it affect my Partner visa application?
A s56 Request is a formal request from the Department of Home Affairs asking for additional information or documents. Examples include police clearances, financial records, or evidence supporting your relationship. Responding promptly and accurately is essential.

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Q4: Do I need to prove my relationship is genuine?
Yes, providing evidence of your relationship’s genuineness is critical. This includes financial arrangements, household arrangements, social evidence, and demonstrating your commitment. Professional guidance can help strengthen your application.

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Q5: Can I apply for a Partner visa if I am not married?
Yes, you can apply as a de facto partner if you have been in a relationship for at least 12 months. Specific rules apply, and it is recommended to get professional advice.

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Q6: What if I make a mistake in my application?
Mistakes can cause delays or refusals. Always ensure that your application is accurate, complete, and supported with genuine evidence. An immigration lawyer can assist in reviewing your application to avoid common errors.

 

Further Reading

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If you would like to read more on related topics, please see our blogs on Domestic Violence and Partner Visa Cancellation Issues, as well as the Australian Prospective Marriage Visa.

 

Contact Us

If you wish to discuss your circumstances with an experienced Family & Immigration Lawyer, please feel free to Contact Us. We are here to help you with your Partner Visa application.

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Please note that Australian immigration laws and policies are highly complex and dynamic. Therefore, no information provided on this website is comprehensive and intended to be legal advice. Failure to receive professional advice - tailored to your specific circumstances - may prove costly to you in many respects. Please read our Terms and Conditions.

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