- Partner Visa FAQ's
Partners or fiancés of Australian citizens, Australian permanent residents or eligible New Zealand citizens may apply to enter and/or remain permanently in Australia. You must either be married, or in a de facto relationship or a registered relationship or have arranged a marriage in Australia (for Subclass 300 visa). Same sex partners can also apply for these visas.
Partner Temporary Visa (Subclass 820) and Permanent visa (subclass 801) for applicants in Australia
(Partners of students and other temporary residents can apply for corresponding temporary visas to join their spouses here.)
These visas are for people to stay in Australia with their partners, who are Australian citizens, Australian permanent residents or eligible New Zealand citizens. The partner visa option for you is Subclass 820/801 visas. Two years after you have applied for the partner visa initially and if the relationship is still genuine and continuing, a permanent visa (Subclass 801) may be granted.
The Full Federal Court has upheld an interpretation of the law that this firm has argued for some time concerning partner visa applications lodged onshore by people who do not hold a substantive visa at the time of lodgment. Counsel Teresa Baw was assisted by Parish Patience Special Counsel Michael Jones as instructed by Managing Partner David Bitel argued the case successfully. The Regulations allow for such applications to be considered if the Minister is satisfied that there are "compelling reasons" to do so. The approach taken by the Department and the Tribunal has been that the only compelling reasons that could be taken into account were those arising from circumstances in existence at the time of application. For some time Parish Patience has argued that the law requires the decision maker to take into account circumstances coming into existence at a later time, which given the lengthy processing times for partner visa application and appeals could be several years after the application is lodged. In the case of Waensila v Minister for Immigration, all three Federal Court Justices making up the Full Bench agreed.
Partner Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100) for applicants outside Australia
These visas are for people from overseas who want to migrate to and stay in Australia with their partners, who are Australian citizen, Australian permanent residents or eligible New Zealand citizens. The option for you is Subclass 309/100 visas. Two years after you have applied for the partner visa initially, if the relationship is still genuine and continuing, a permanent visa (Subclass 100) may be granted.
Prospective Marriage Visa (Subclass 300) for applicants outside Australia
This visa is for people from overseas who want to enter Australia and marry their fiancés in Australia. Their fiancé must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. A Notice of Intended Marriage must be lodged with the authority in Australia. Once this visa has been granted to the applicants, they must marry and apply for a Subclass 820/801 visa within the 9 month period from the date of the grant of the Subclass 300 visa to remain permanently in Australia.