Partner (Spouse) Visa

Australian Partner Visa

This visa allows you to enter or remain in Australia on the basis of your married or de facto relationship with your partner. First visa is granted for an initial 2 years from the date of visa application after which applicant is granted a permanent visa (subject to meeting the genuine and ongoing relationship requirements).

If applying on the grounds of de-facto partner, you and your partner must have been in a de facto relationship for the entire 12 months immediately prior to lodging your visa application.

Australian Prospective Marriage Visa

This visa allows you to enter Australia and marry your intended fiancé within the visa’s nine (9) month validity period. Your fiancé must be an Australian Citizen, permanent resident or an eligible New Zealand Citizen.

With this visa, you:

 must enter Australia before you marry your fiancé

 may leave and re-enter Australia as many times as you wish before your visa expires (nine (9) months after visa grant)

 can work full time in Australia

 can apply for a Partner visa in Australia after you marry your fiancé

 can study but you will not have access to government funding.

 can access Australia’s medical and hospital care assistance scheme, Medicare, but only if you are in Australia and have already applied for a Partner visa.

Frequently Asked Questions (FAQ's)

Q: Should I apply onshore or offshore for my partner visa? What is the difference?

A: Applicants in Australia may apply for an onshore partner visa subclass 820 and applicants outside of Australia will need to apply for an offshore partner visa subclass 309. If you are a fiancé(e) of an Australian citizen or a permanent resident then you need to apply for prospective marriage (300) visa to be able to travel to Australia to get married.

Q: Can I work on a partner visa in Australia?

A: Yes, the partner visa holders have full work rights in Australia.

Q: Do I get Medicare after I lodge partner visa?

A: Yes, you are eligible for Medicare when you are in Australia, upon partner visa lodgment and acknowledgment, even if you lodged your visa application from offshore.

Q: Is it possible to apply for a partner visa application without living together?

A: Usually not on a long-term basis. The Department of Immigration needs to establish the relationship is genuine and on-going. There are quite a few factors that we look at and the answer is not a YES or NO answer. Please consult with our Registered Migration Agent if unclear.

Q: Can I apply for tourist visa while awaiting 309 visa application outcomes?

A: Yes, you can.

Q: Can I stay back in Australia if I travel on a tourist visa?

A: This depends on the visa conditions on your tourist visa. E.g., if you have 8503 attached to your tourist visa, you may be able to get that waived considering there are compelling reasons. If not, you will need to go back and apply again for another tourist visa to come back again while you wait for your partner visa grant.

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