Australia is renowned for its multiculturalism, breathtaking landscapes, and high quality of life, making it a popular destination for couples looking to build a future together. Whether you are married, in a de facto relationship, or engaged to an Australian citizen or permanent resident, there are several partner visa options available. But choosing the right one can be challenging without the proper guidance.
In this blog post, we will explore the top 3 Australian partner visas—Partner Visa (Subclass 820/801), Prospective Marriage Visa (Subclass 300), and Partner (Provisional) Visa (Subclass 309/100)—to help you determine which one is best suited for your circumstances. We’ll cover their requirements, benefits, and pathways to permanent residency.
1. Partner Visa (Subclass 820/801)
The Partner Visa (Subclass 820/801) is designed for applicants who are already in Australia and wish to stay with their Australian partner. This visa is processed in two stages: first, the temporary Subclass 820 visa, followed by the permanent Subclass 801 visa.
Key Features:
- Eligibility: You must be married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. De facto relationships require a minimum of 12 months of living together.
- Application Process: You apply for both Subclass 820 (temporary) and Subclass 801 (permanent) visas simultaneously. The Subclass 820 visa must be granted before applying for Subclass 801.
- Processing Time: The Subclass 820 visa typically takes 20–29 months, while the Subclass 801 visa can take an additional 11–24 months.
- Work and Study Rights: The temporary visa allows you to live, work, and study in Australia while waiting for a decision on your permanent visa.
Benefits:
- Pathway to Permanent Residency: Once granted the Subclass 801 visa, you can stay in Australia permanently.
- Access to Social Security Benefits: Permanent residents can access certain social security benefits and enroll in Medicare.
- Include Family Members: You can include eligible family members in your application.
Is This Visa Right for You?
The Partner Visa (Subclass 820/801) is ideal if you’re already in Australia and have established a genuine and ongoing relationship. It allows you to stay and continue your life in Australia while waiting for permanent residency.
For more information on this visa, visit the Australian Government’s Department of Home Affairs.
2. Prospective Marriage Visa (Subclass 300)
The Prospective Marriage Visa (Subclass 300) is intended for those who are engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen and want to come to Australia to get married.
Key Features:
- Eligibility: You must be engaged and intend to marry your partner within 9 months of entering Australia on this visa. You must also demonstrate that you have met your partner in person.
- Application Process: You can apply for this visa outside Australia. Once married, you can apply for the Partner Visa (Subclass 820/801) to stay in Australia permanently.
- Processing Time: The processing time for this visa typically ranges from 17–29 months.
- Work and Study Rights: You can work and study in Australia while holding this visa.
Benefits:
- Temporary Residency for Marriage: This visa allows you to stay in Australia for up to 9 months, during which time you must get married.
- Opportunity to Apply for a Partner Visa: Once married, you can transition to a Partner Visa (Subclass 820/801) and apply for permanent residency.
- Access to Australian Healthcare: You can enrol in Medicare, Australia’s public health care system.
Is This Visa Right for You?
The Prospective Marriage Visa (Subclass 300) is a great option if you’re currently outside Australia and plan to marry your Australian partner soon. It offers a clear pathway to apply for a partner visa and remain in Australia after the wedding.
Learn more about the Prospective Marriage Visa (Subclass 300) on the Department of Home Affairs website.
3. Partner (Provisional) Visa (Subclass 309/100)
The Partner (Provisional) Visa (Subclass 309/100) is the offshore equivalent of the Subclass 820/801 visa. It is designed for applicants outside Australia who are married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. This visa is also processed in two stages: the temporary Subclass 309 visa, followed by the permanent Subclass 100 visa.
Key Features:
- Eligibility: Similar to the Subclass 820/801 visa, you must be in a genuine and ongoing relationship with an Australian partner.
- Application Process: Apply for both Subclass 309 (temporary) and Subclass 100 (permanent) visas at the same time. The Subclass 309 visa must be granted before the Subclass 100 visa.
- Processing Time: The Subclass 309 visa typically takes 12–22 months, while the Subclass 100 visa can take an additional 7–19 months.
- Work and Study Rights: The Subclass 309 visa allows you to live, work, and study in Australia while awaiting your permanent visa decision.
Benefits:
- Pathway to Permanent Residency: Successful applicants of the Subclass 309 visa will be eligible for the Subclass 100 visa, granting permanent residency.
- Include Family Members: Eligible family members can be included in the application.
- Full Access to Australian Benefits: Once granted the Subclass 100 visa, you can access all benefits available to permanent residents, including social security and Medicare.
Is This Visa Right for You?
The Partner (Provisional) Visa (Subclass 309/100) is the ideal option if you are currently living outside Australia and want to join your partner permanently. This visa allows you to start your journey towards permanent residency while living with your partner in Australia.
For detailed information on this visa, visit the Partner Visa (Subclass 309/100) page.
Which Visa Should You Choose?
Choosing the right partner visa depends on your current location, relationship status, and long-term plans. Here’s a quick summary:
- Partner Visa (Subclass 820/801): Best for couples already in Australia who want to stay permanently.
- Prospective Marriage Visa (Subclass 300): Ideal for engaged couples who plan to marry in Australia within 9 months.
- Partner (Provisional) Visa (Subclass 309/100): Suitable for couples outside Australia looking to live together permanently.
If you’re still unsure which visa to choose, consider reaching out to a registered migration agent or visiting the EazyViza Visa Services page for personalized advice and assistance with your application.
Final Thoughts
Navigating the complexities of Australian partner visas can be challenging, but understanding your options is the first step toward reuniting with your loved one. The Subclass 820/801, Subclass 300, and Subclass 309/100 visas each have unique benefits depending on your situation, so make an informed decision to ensure a smooth application process. For any assistance, EazyViza is here to help you every step of the way!