Updated: Feb 11
FAQ | PARTNER VISA Australia
Q Who May Apply For Partner Visa?
Eligibility for onshore & offshore partner visa are similar. You may be eligible to apply for a Partner visa if you can satisfy the requirements which includes the following:
• Applicant must be over 18 years of age
• You both have been together for 12 months or more to satisfy DeFacto criteria
• DeFacto requirement may be waived if the relationship is registered
• Married Couple - Marriage must be recognised under Australian Law
• Relationship should be genuine and continuing
• Mutual commitment to a shared life - to the exclusion of all others
• Shared life including financial & social commitments
• Health and character requirements
Q We Plan To Register Our Relationship?
Yes! This can be a smart option to circumvent the DeFacto requirement of Partner Visa application. Be aware however, this may also limit your options going forward. Call us for advice prior to registering your relationship.
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Q We Have Questions About Prospective Marriage Visa?
To find the answer to your questions please go to our dedicated Prospective Marriage Visa page:
Q We Are In DeFacto Relationship But Mostly Live Apart?
It is not necessary for grant of visa that you must have lived together the whole time. It is important howevere you set out why you have been living apart and this would not be the intention, long term. Good & accurate evidence is required with your application to ensure the Department understands your circumstances.
Q How Long Is The Visa Valid For?
Partner visas are permanent visas - the applicant (if successful) will be granted full residency in Australia; with 5 year travel rights.
Q Is My Partner Eligible To Sponsor Me?
For Australian Partner Visas, the sponsor must be over 18 years of age. To be eligible the sponsor should meet one of the following criteria. Must be:
• An Australian Citizen
• An Australian Permanent Resident
• An eligible New Zealand Citizen
There are other limitations on who may or may not sponsor the applicant for Partner Visa. Please call us for detailed information.
Q What Is The Difference Between Onshore or Offshore Partner Visas?
Main difference between these visa types is where the applicant should be when the papers are lodged with the department of immigration.
• Offshore Partner Visa: Applicant must be outside Australia
• Onshore Partner Visa: Applicant must be in Australia
Potentially, the visa application will be rejected if these requirements are not met.
Q What Are Dept Processing Times?
Partner visa applications processing times tend to vary, at present the wait time has increased; probably due to staff shortages at the processing centres.
• Partner 820 | 12 months+
• Partner 309 | 9 months+
• Prospective Marriage 300 | 8 Months+
Quality of the evidence, submission documents and correct, logical filing will influence how quick the department finalises you visa application. Unfinished and incomplete documents add to the frustration of the case officer; these applications usually take longer to process or may be rejected.
In some circumstances applicants qualify for expedited decisions - Ask Us How
Q We Are A Same Sex Couple, May We Apply For Partner Visa?
Partner Visas are available to gay/same sex couples. Defacto criteria should be satisfied in order to make a successful partner visa application.
Existing Australian Federal Law does not recognise gay marriage; therefore Prospective Marriage visa is not available to gay/same sex couples.
Q Does 820/801 Partner Visa Allow Me to Work?
When a Partner visa is granted there are many benefits to the holder:
• Apply for Australian Citizenship
• Unrestricted work rights in Australia
• Study in Australia
• Travel abroad - 5 year travel rights
• Include dependent children or family members
• Enrol in Medicare
• Sponsor other family members to work in Australia
Q My 5 Year Travel Rights Have Expired?
All Permanent Residents are automatically granted 5 year travel rights from date of visa grant. If your 5 year period has expired or is about to expire you may be eligible for following options:
• Apply for Australian Citizenship
• Resident Return Visa (RRV)
Please ensure you make necessary arrangements before you depart Australia. You may have difficulty with immigration if your travel rights have expired.
Q What Are Department Application Charges?
Government Charges for both onshore and offshore partner visas are similar:
• VAC | $7160.00 | Primary Applicant (applicable from July 1st 2018)
Government charges are payable in full when your visa is submitted online. All not payment surcharge applies for PayPal and card payments.
VAC - Visa Application Charges are generally increased at the start of each financial year.
Q We Want To Make Our Own Partner Visa Application, Can We Do This?
Yes you can make your own visa application with your partner/sponsor. There is ample resources online to assist you; a good place to start is the Government DIBP website:
In addition, keep an eye on this website for changes to the law and regulations, it is important your Partner Application is up to date with any legislative amendments.
Call Visa Crew if you are unsure.
Q What Is New About Partner Visas?
July 2018 - DHA Government Application Charges VAC) increase - $7160.00
2018 - Sponsor to be approved in advance of Visa application*
2018 - Split VAC Charges at 820 & 801 stages*
* Amendments expected in 2018
Q I Currently Hold A Student Visa, Am I Eligible To Apply For Partner Visa?
Student visa holders are generally not barred from making further visa applications while they are in Australia.
Check conditions on your Student Visa grant notice to make sure you are eligible.
Q My Current Visa Has An 8503 Condition Attached, Can I Apply For Partner Visa?
An 8503 condition on your visa does not allow you to make a further visa applications while you are in Australia. There are however exceptions to this; the regulations allow certain applicants to apply for a waiver.
Q I Currently Hold A Visitor Visa, Am I Eligible To Apply For Partner Visa?
Depending on conditions imposed on your Visitor/Tourist Visa you may be eligible to apply for a partner visa while you are in Australia.
Currently DIBP are considering amendments to the regulations preventing temporary visa holders from making Partner Visa applications.
Further developments are expected early 2018.
Q My Previous Visa Was Cancelled, Am I Ok To Make A Partner Visa Application?
If your previous visa was cancelled or if you had a visa application refused you are subject to 'Section 48 Bar" (s48). This prevents you making further visa applications while you are in Australia.
There are however exceptions to the regulations which may allow you lodge a sucessful Partner Visa application.
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Q Can I Apply For 820/801 Visa At The Same Time?
Yes! The regulations allow for a combined partner visa application for 820/801 & 309/100. This will save you time, money and much stress.
Q Our Previous Partner Visa Application Was Refused?
It is wise to consult a Registered Migration Agent to advise on your individual circumstances; you may be barred from making further visa applications while in Australia. A decision to refuse your application may be appealed to the AAT.
A refusal offshore does not bar you from making further visa applications.
Call us to discuss your options further; we are Registered & Experienced Migration Agents
Q We Have More Questions About Partner Visas?
Call us anytime! Each day people turn to us for expert advice. No matter how complicated your case may seem we offer real solutions, customised to your situation!