Australia Partner Visa
Love knows no boundaries. If your partner or would-be spouse is in Australia and is a citizen, permanent resident there, or an eligible New Zealand citizen settled in Australia, then Subclass 300 i.e. Prospective Marriage Visa is for you. It is to unite you with your de facto partner/fiancée. You can use this visa to visit Australia and then marry your would-be spouse and live there as husband and wife.
Subclass 309/100: The Partner (Provisional) visa (subclass 309) is the first stage towards a permanent Partner visa (subclass 100). You lodge only one application for your temporary and permanent visas and pay one application charge. Your application is processed in two stages, about two years apart.
Subclass 820/801: The temporary Partner visa (subclass 820) is the first stage towards a permanent Partner visa (subclass 801). You must be in Australia when you apply and also when this visa is decided. You lodge one application form for your temporary and permanent visas and pay one application charge. Your application is processed in two stages, about two years apart.
Prospective Marriage Visa (Subclass 300): This visa allows people (aged above 18 years) to come to Australia to marry their prospective spouse. You might be able to get this visa if you intend to marry an Australian citizen, Australian permanent resident or eligible New Zealand citizen. It is a temporary visa for nine months. You must be outside Australia when you lodge your application and when the visa is granted. You can have the wedding in any country: the wedding does not need to be in Australia. You must:
- Intend to marry and live as husband or wife with your prospective spouse
- Be sponsored by your prospective spouse
- Know your prospective spouse and have met in person
- Be the opposite sex to your prospective spouse
- Meet age, health and character requirements.
- The visa duration is 9 months from the date of issue. It requires you to be in Australia and get married within the specified period. However, if the marriage does not take place, this visa, you should meet the following:
- Apply from outside Australia and be there until the visa is issued.
- Sponsorship from de facto partner/fiancée who is above 18 and is an Australian citizen, permanent resident, or an eligible New Zealand citizen settled in Australia.
- Your de facto partner should be of the opposite sex.
- After arriving in Australia and getting married, you can apply for 100/309 Partner Visa for permanent residency.
- Your application will be processed by RMA (Authorized agent for DIBP). Your application will be represented by RMA to the concerned department. RMA will be able to communicate with the Australia immigration department regarding your application with your consent.
- Sponsor can also sponsor your other dependent family members at an additional cost.
- Freely move in and out of Australia for a period of 9 months from visa issue till end date.
- Reside permanently – work, study, live – in Australia.
- File for eligible relatives to migrate to Australia.
- Receive social security and healthcare benefits in case of PR visas after certain period.
- Apply for Citizenship on being eligible.
You must be outside Australia and married or in a de facto relationship with:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen.
- You must be in a genuine and ongoing relationship. You must live with your partner or, if you do not, any separation must be only temporary. Both parties must freely consent to the relationship.
- You can apply if you intend to marry your partner before a decision on your visa is made.
Your marriage must be valid under Australian law. Underage, polygamous and same-sex marriages are not legal in Australia. The marriage could be valid under limited circumstances if one person is younger than 18 years of age. Same-sex couples can apply for this visa based on their de facto relationship.
De facto applicants
Your de facto relationship must have existed for at least 12 months immediately before you apply for this visa. Time spent dating does not count towards the length of your de facto relationship.
You might be granted a visa without having been in a de facto relationship for 12 months if:
- You can demonstrate compelling and compassionate circumstances, such as having dependent children
- Your partner has been granted a permanent humanitarian visa and your de facto relationship existed before it was issued, and you told us about the relationship before the humanitarian visa was granted
- Your de facto relationship has been registered in Australia (this is not available in all states and territories).
- You must be older than 18 years of age and not be related to your partner by family. This means you cannot be an ancestor or descendant of one another, or have a parent in common.
You must meet certain health requirements. The results of your health examinations are generally valid for 12 months.
This applies to all dependent family members included in your application, whether they are migrating or not.
You must meet certain character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until we ask you to.
This also applies to all dependent family members in the application who are 16 years of age or older.
Debts to the Australian Government
You must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government before this visa can be granted.
To be a sponsor you must
Be an Australian citizen, an Australian permanent resident or eligible New Zealand citizen
Be married, be in a de facto relationship with your partner, or intend to marry before the visa is decided
Be older than 18 years of age.