Immigration Blog, Partner Visas

Partner Visa Eligibility

Are you considering lodging a Partner Visa in Australia? You must ensure that you meet the criteria before spending thousands of your well-earned dollars. Being well informed about the requirements at Time of Application (TOA) is imperative to ensuring that you have the best chance at a favourable decision by the Department of Home Affairs (DHA).
 
In simple terms, there are three different Partner Visas that you can apply for. The onshore Partner Visa (subclass 820) and the offshore Partner Visa (subclass 309). The third option is the offshore Prospective Partner Visa (subclass 300), which is a starting point to applying for a subclass 820 visa.
 
 
Eligibility Criteria for the onshore Partner Visa (subclass 820) include the following:
 
  • Applicant must be in Australia at Time of Application.
  • The Applicant and the Sponsor must be married or be living together for at least 12 months and/or have registered their relationship in their home state.
  • The Sponsor must not have sponsored two other Applicants for a Partner Visa in the past, or not have sponsored in the past 5 years (some exemptions apply).
  • At Time of Application, the following documents must be uploaded:
    • At least two Form 888’s by eligible friends or family members that have been witnessed.
    • Identity documents for both the Applicant and the Sponsor.
    • Evidence of Marriage and/or Co-Habitation and/or Registered Relationship.
    • Separate statements from the Applicant and the Sponsor explaining the development, the financial aspects and the social aspects of the relationship, the nature of the household and the future plans/commitment to each other.
    • Most other documents can be uploaded after lodgement, however, the above-mentioned documents must be uploaded the same day you lodge your Partner Visa.
 
Eligibility Criteria for the offshore Partner Visa (subclass 309) include the following:
 
  • Applicant must be outside Australia at Time of Application.
  • The Applicant and the Sponsor must be married or be living together for at least 12 months. Unlike the requirements for the subclass 820 visa, registering their relationship does not carry any weight for this visa.
  • The Sponsor must not have sponsored two other Applicants for a Partner Visa in the past, or not have sponsored in the past 5 years (some exemptions apply).
  • At Time of Application, the following documents must be uploaded:
    • At least two Form 888’s by eligible friends or family members that have been witnessed.
    • Identity documents for both the Applicant and the Sponsor.
    • Evidence of Marriage and/or Co-Habitation.
    • Separate statements from the Applicant and the Sponsor explaining the development, the financial aspects and the social aspects of the relationship, the nature of the household and the future plans/commitment to each other.
    • Most other documents can be uploaded after lodgement, however, the above-mentioned documents must be uploaded the same day you lodge your Partner Visa.
 
Eligibility Criteria for the offshore Prospective Marriage Visa (subclass 300) include the following:
 
  • Applicant must be outside Australia at Time of Application.
  • The Applicant and the Sponsor must provide proof that they will marry within 9 months of being granted the visa.
  • The Sponsor must not have sponsored two other Applicants for a Partner Visa in the past, or not have sponsored in the past 5 years (some exemptions apply).
  • At Time of Application, the following documents must be uploaded:
    • At least two Form 888’s by eligible friends or family members that have been witnessed.
    • Identity documents for both the Applicant and the Sponsor.
    • Proof that they will marry within 9 months of being granted the visa.
    • Separate statements from the Applicant and the Sponsor explaining the development, the financial aspects and the social aspects of the relationship, the nature of the household and the future plans/commitment to each other.
    • Most other documents can be uploaded after lodgement, however, the above-mentioned documents must be uploaded the same day you lodge your Partner Visa.
 
In conclusion, all 3 visas have different requirements that must be met. Ensuring that you meet all the requirements and lodging a decision-ready application is important. The eligibility criteria might change depending on your circumstances, such as if the Applicant does not hold a substantive visa or if either party have a criminal record or if they have children from past relationships.
 
If you wish to book and appointment with one of our Registered Migration Agents, please call Gold Migration Lawyers on 1300 320 300 today.
 
This article does not constitute legal advice or create a Migration Agent-Client relationship. Please consult a Registered Migration Agent for up-to-date information.
 
 
Relevant Links
  • For more details on how to Register your Relationship in your home state, please click here. 
  • For the most Common Reasons on why Partner Visa applications are Refused, please click here. 
  • For the current Visa Costs by the Department of Home Affairs, please click here. 
  • For the current Visa Processing Times by the Department of Home Affairs, please click here.