Types of Partner Visas explained

Navigating Australia’s immigration system can feel overwhelming, especially when it comes to choosing the right visa to join your partner in Australia. If you’re in a relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, the good news is there are several visa options available to help you live together in Australia.

In this article, we’ll explain the different types of partner visas available under Australia’s Family Migration stream. We’ll also guide you through the overall visa pathway, showing how a partner visa can ultimately lead to permanent residency and even Australian citizenship.

Understanding the different types of Partner Visas

When it comes to partner visas, there are three main options depending on your circumstances: the Prospective Marriage Visa, the Offshore Partner Visa, and the Onshore Partner Visa. Each one serves a slightly different purpose, so it’s important to understand which one is right for your relationship.

Prospective Marriage Visa (Subclass 300)

The Prospective Marriage Visa is designed for couples who are engaged, or who intend to get engaged and married. The marriage must take place before the expiry date specified on your visa grant, either in Australia or overseas, following which the applicant is eligible to apply for a Partner visa. 

It’s an ideal option if you’re not yet married but plan to tie the knot in Australia, and are unable to demonstrate you are in a de facto relationship (by the Department of Home Affairs definition).

Key features:

• You must be outside Australia when you apply.
• Allows you to enter Australia to marry your partner (sponsor) within 9-15 months of visa grant.
• After marriage, you can apply for an Onshore Partner Visa (Subclass 820/801) to continue your pathway to permanent residency.

Pros:

• Ideal for couples who are not yet married but want to begin their life together in Australia.
• Offers a clear progression from fiancé to spouse, leading to an Onshore Partner Visa (Subclass 820/801).

Things to consider:

• You need to demonstrate a genuine intention to marry and live together.
• It’s a temporary visa and doesn’t lead directly to permanent residency, you’ll need to apply for the partner visa after marriage.

Offshore Partner Visa (Subclass 309/100)

If you’re already married or in a de facto relationship and you’re living outside Australia, the Offshore Partner Visa might be the best fit. 

This is a two-stage visa process that begins with the temporary Subclass 309 visa application. When granted it allows you to live and work in Australia while your relationship continues to be assessed. After approximately two years, if your relationship is still genuine and ongoing, you’ll be considered for the permanent Subclass 100 visa.

Many couples choose the offshore option when they’re living apart and want to reunite in Australia. It’s also worth noting that the initial application covers both the temporary and permanent stages.

Key features:

• You must be outside Australia when you apply.
• Subclass 309 is the temporary visa that allows you to live in Australia while awaiting permanent residency (Subclass 100).
• You must be in a married or de facto relationship with your sponsor at the time of application.
• The permanent visa (Subclass 100) is generally assessed two years after the initial application.

Pros:

• Enables reunification for partners living apart.
• Counts time spent in the relationship toward permanent residency.

Things to know:

• You can be in or outside Australia when the Subclass 309 temporary visa is granted.
• Processing times can vary depending on relationship evidence and country of origin.

Onshore Partner Visa (Subclass 820/801)

The Onshore Partner Visa is for those who are already in Australia on a valid visa and want to stay with their partner permanently. Like the offshore option, it’s a two-stage process. You’ll first be granted the temporary Subclass 820 visa, and after two years, you may be eligible for the permanent Subclass 801 visa.

Key features:

• Subclass 820 is the temporary visa granted while the permanent visa (Subclass 801) is being processed.
• You must be married or in a de facto relationship at the time of application.
• You can stay, work, and study in Australia on a Subclass 820 visa grant, while waiting for the Subclass 801 permanent visa decision.

Pros:

• Allows you to remain in Australia while your application is processed.
• Access to Medicare and work rights during the process.

Things to know:

• You must hold a valid visa with no restrictions that prevent onshore applications (like a “no further stay” condition).
• Strong evidence of your relationship is essential.

All partner visa streams ultimately aim to provide a pathway to permanent residency.