Partner visas and family reunification in Australia
Australia allows Australian citizens, permanent residents and certain eligible New Zealand citizens to live with their spouse or de facto partner in Australia.
Partner Visas allow foreign nationals to obtain temporary and then permanent residence in Australia on the basis of a genuine and stable relationship.
These visas are intended for people who are married, living in a de facto partnership or planning to marry their partner in Australia.
At Australian Migration Office (AMO), we provide professional advice and assistance with assessing eligibility, preparing evidence of your relationship and lodging partner visa applications.
Who can apply for a partner visa?
To qualify for a partner visa, your partner must normally be:
- Australian citizen.
- Australian permanent resident.
- Eligible New Zealand citizen.
Partner visas are available to spouses and de facto partners, including same-sex partnerships.
Depending on the type of visa, applicants must prove that their relationship is genuine, stable and that there is a mutual commitment to a long-term life together.
For de facto partners, the relationship is normally required to have existed for at least 12 months prior to the application, except where certain statutory exceptions apply.
Partner visa options
The Australian immigration system offers several categories of partner visas, depending on whether applicants are married, planning to marry and whether the application is being made from Australia or overseas.
The main categories are:
Prospective Marriage visa (subclass 300)
This visa is for people engaged to, or planning to marry, an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
Applicant must be located outside Australia at the time the application is submitted.
The visa allows a temporary stay in Australia of 9 to 15 months, during which the applicant can live, work and study in Australia.
The applicant must marry their partner while the visa is valid.
After marrying, they can apply for Partner visas (subclasses 820 and 801), provided they meet the relevant requirements.
Partner visa for applicants from outside Australia (subclasses 309 and 100)
This category is for spouses or de facto partners of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
The application must be submitted while the applicant is outside Australia.
The procedure consists of two stages:
Subclass 309 – Partner (Provisional) visa
This visa allows the applicant to live, work and study in Australia while their eligibility for permanent residence is being considered.
Subclass 100 – Partner (Migrant) visa
This visa allows permanent residence in Australia.
Normally, the assessment for a permanent partner visa is made after two years have passed since the initial application was submitted, not two years after the temporary visa was approved.
In certain circumstances, particularly in long-term partnerships, a permanent visa may be granted earlier.
Applicants lodge a combined application for the temporary and permanent stages. Each stage is assessed against its relevant legal criteria.
Partner visa for applicants in Australia (subclasses 820 and 801)
This category is for people who are already in Australia and want to continue living with their spouse or de facto partner.
Applicant must be in Australia at the time of application and meet the requirements to apply from Australia.
The procedure consists of two stages:
Subclass 820 – Partner (Temporary) visa
This visa allows an applicant to temporarily live, work and study in Australia while their application for permanent residence is being considered.
Subclass 801 – Partner (Permanent) visa
Normally, applicants become eligible for permanent stage consideration two years after the initial application is submitted.
Normally, applicants become eligible for permanent stage consideration two years after the initial application is submitted.
In certain cases, a permanent visa may be granted earlier if special legal conditions are met.
Important: Not every holder of a temporary Australian visa can make a partner application from Australia. Certain visas contain restrictions on further application, which is why prior professional assessment is required.
What are the basic conditions for obtaining a partner visa?
To obtain a partner visa, applicants must prove that their relationship is genuine and that they meet the relevant immigration requirements.
When considering an application, Australian immigration authorities will normally consider the following aspects:
- Financial aspects of the relationship – joint financial obligations, bank accounts, property and other evidence of a financial relationship.
- Shared household – evidence of living together, sharing household responsibilities and organising daily life.
- Social aspects of the relationship – evidence that the partnership is known to family, friends and the wider community.
- Mutual commitment – evidence of the stability of the relationship, joint plans and long-term commitment of the partners.
- Relationship history – information about how the relationship began, how it developed and what significant events the partners shared.
Applicants must also meet the relevant health and character requirements, and the sponsor must meet sponsorship requirements.
How long does the procedure take?
The time required to process partner visas can vary significantly depending on the visa, the complexity of the case and the individual circumstances of the applicants.
The process may involve additional checks or requests for documents or information about your relationship.
It is important to note that obtaining a temporary partner visa does not mean automatic approval of permanent residence.
In most cases, the partnership must continue to be genuine and stable until the final decision on the permanent visa is made.
Statutory exceptions may apply if the relationship ends, including in cases of family violence or other specified circumstances.
How can the Australian Migration Office help you?
Our registered Australian migration agent provides professional advice and assistance at all stages of the partner visa procedure.
Our services include:
- A professional assessment of your prospects of obtaining a partner visa
- Choosing the most appropriate visa category according to your circumstances.
- Advice on relationship and sponsorship requirements.
- Preparation of an individual list of required documents.
- Analysis and review of your relationship evidence.
- Preparation of statements and additional explanations.
- Preparation and lodgement of your visa application.
- Communication with Australian immigration authorities.
- Assistance in the preparation of documentation for the permanent phase of the partner visa.
We understand that partner visas are of particular importance to families and couples who wish to continue their life together in Australia.
We therefore approach each case individually, with attention to detail and full compliance with applicable Australian immigration law.
Start your life together in Australia
Whether you are married, living in a de facto partnership or planning to marry your partner, our team can help you look at the options available for obtaining a partner visa.
Contact us and find out how we can help you continue your life together in Australia.