Skilled Visa Pathways for International Graduates
If you're exploring moving to Australia to join your partner who is an Australian citizen or permanent resident, it's important to understand the various Australian visa options specifically designed for partners and spouses. This guide will walk you through every aspect: what constitutes a partner visa, why it's essential, how the application process works, what to expect, and recent changes. We’ll also address common questions, costs, timelines, and challenges seen by applicants—so you can approach your migration journey with confidence and clarity.
Visa Options for Partners of Australian Citizens or Permanent Residents
What is a Partner Visa and Why Is It Important?
A partner visa allows the spouse or de facto partner (including same-sex partners) of an Australian citizen, permanent resident, or eligible New Zealand citizen to migrate to Australia. These visas are crucial because they:
- Enable families to be united in Australia.
- Recognise diverse relationships, including de facto and same-sex partnerships.
- Offer a clear legal pathway for partners to build their lives together in Australia.
Without these specific migration pathways, couples would struggle with long-term uncertainty or face prolonged separation.
Main Types of Australian Partner Visas
Australia’s Department of Home Affairs offers several key visa options for partners:
1. Subclass 820/801 (Onshore Partner Visa)
- For: Applicants already in Australia.
- How it works: Apply for Subclass 820 (temporary visa). After further assessment, Subclass 801 (permanent visa) is granted.
2. Subclass 309/100 (Offshore Partner Visa)
- For: Applicants outside Australia.
- How it works: Apply for Subclass 309 (temporary visa) first. If eligible, later progress to Subclass 100 (permanent visa).
3. Prospective Marriage Visa (Subclass 300)
- For: Fiancés of Australian citizens or permanent residents.
- How it works: Temporary visa allowing you to enter Australia, marry within nine months, and then apply for a partner visa.
4. New Zealand Citizen Family Relationship (Temporary) Visa (Subclass 461)
- For: Partners of New Zealand citizens who hold a Special Category Visa (Subclass 444).
Key Features and Benefits
- Pathway to Permanent Residency: Temporary visa (820/309) leads to permanent residency (801/100) after two years.
- Work, Study and Health Rights: Full work and study rights; access to Medicare (Australia's public health system).
- Spouse/De Facto Inclusion: Inclusive of legally married and de facto relationships (including same-sex and LGBTQIA+ partners).
- Dependent Children: Children/dependents can be included in your application.
Who Can Apply? - Eligibility Criteria
General requirements for all partner visas:
- Genuine and continuing relationship with an Australian citizen/permanent resident or eligible New Zealand citizen.
- Proof of living together or evidence of commitment if living apart.
- Both partners must be at least 18 years old.
- Satisfy health and character requirements.
- For de facto partners: Typically, must prove 12 months of relationship unless registered or other exemptions apply.
Typical applicants include:
- Married couples (heterosexual or same-sex).
- De facto partners who have lived together for at least 12 months.
- Fiancés planning to marry in Australia.
- Families hoping to reunite.
- Carers, professionals, skilled workers, and students who fall in love while in Australia.
Application Process - Step by Step
1. Gather Documentation
- Evidence of relationship (photos, joint finances, communications, lease, etc.)
- Identity documents, police checks, health checks.
2. Submit Application
- Apply online via the Department of Home Affairs website.
- Partners can be in Australia (onshore) or outside Australia (offshore).
3. Initial Assessment
- Temporary partner visa (820 or 309) is processed first.
- Permission to remain/work/study in Australia while your application is processed.
4. Transition to Permanent Visa
- Generally after two years, submit additional documents confirming ongoing relationship.
- If relationship began long ago or children are involved, permanent visa may be granted sooner.
5. Outcome Notification
- Receive decision by email or post. Visa is granted electronically.
Costs Involved
- Primary application fee: AUD 8,850 (as of June 2024) for subclass 820/801 or 309/100.
- Prospective Marriage Visa (subclass 300): AUD 8,850.
- Additional applicants (children): Extra charges apply.
- Other costs: Health check-ups, police certificates, translations, and document certification may incur extra expense.
Processing Time Frames
Timelines can vary, but latest departmental data (2024):
- 820/801 Onshore: 6 to 24 months.
- 309/100 Offshore: 8 to 34 months.
- Prospective Marriage (300): 12 to 24 months.
Note: Times depend on complexity of case, how complete your application is, and current government priorities.
Common Professions and Applicant Scenarios
Partner visas span a wide demographic:
- Health care workers: Nurses and doctors who meet their partners while working or studying in Australia.
- International students: Marrying or forming long-term partnerships with Australians.
- IT professionals: Engaged in multinational companies or remote work setups.
- Carers and people with disability: Supporting or being supported by partners through the migration process.
- Same-Sex Couples: Recognised since Australia’s marriage equality law reform (2017).
- Older couples