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Spouse Visa Australia

If you are married or in a de facto relationship with an Australian citizen or permanent resident, you can join them in Australia with a Partner Visa.

Australian Partner Visas are divided into Onshore and Offshore visas, which differ based on where you are when you lodge the application – in Australia or outside. They are further divided into temporary and permanent visas, based on their duration.

Another type of Partner Visa, which does not fall into either category is the Prospective Marriage Visa, which many also refer to as a fiance visa.

Australia Partner Visa Types

Here are the types of Australian visas for partners and spouses:

Prospective marriage visa. You can get a Prospective Marriage Visa if you are engaged to an Australian citizen or resident, and you wish to marry them in Australia. This type of visa allows you to live there for 9 to 15 months, during which time you have to marry your fiance.

Onshore Partner Visas. The Onshore Partner Visas allow you to submit your visa application from within Australia and wait for it to be processed there. There is a joint application process, so you have to apply for both of them at the same time. However, you will receive the 820 first and wait two years until you become eligible for permanent residency. There are two visas:

  • Onshore Temporary Partner Visa (Subclass 820), which is valid for about two years.
  • Onshore Permanent Partner Visa (Subclass 801), which is permanent. After two years with a subclass 820 visa, you have to submit a few other documents and then you will receive the 801 Visa as well.

Offshore Partner Visas. The Offshore Partner Visas allow you to submit your application from outside Australia. Once you receive your visa, you can join your partner and wait to become eligible for permanent residency. You have to apply for both the Subclass 309 and Subclass 100 Visa at the same time, but you will only receive the permanent visa once two years have passed since you got the temporary visa. You have to be outside Australia when you apply and when you receive the 309 Visa, but you can be in or outside Australia when you receive the permanent visa.There are two Offshore Partner Visas:

  • Provisional Offshore Partner Visa (Subclass 309). This is a temporary two-year visa.
  • Offshore Migrant Partner Visa (Subclass 100). This is the permanent visa you will receive after the temporary one expires.

General Conditions for an Australian Partner Visa

To be eligible for an Australian Partner Visa, you and your partner must meet these conditions:

  • Your partner has to be an Australian citizen, a permanent resident, or an eligible New Zealand citizen.
  • You must be adults (over 18 years old).
  • You must either be married or in a de facto relationship (i.e. you live together, share finances and domestic lives, etc.)
  • You must have been in a relationship for at least twelve months at the time of application.
  • You must be in a genuine, exclusive relationship.
  • You must be able to prove the authenticity of your relationship.