Partner Visas
All applicants for Partner visas must meet a range of requirements. If you wish to apply for a partner (provisional, spouse, de facto or interdependent) visa you need a sponsor who must be;
- An Australian citizen
- An Australian permanent resident, or
- An eligible NZ citizen
A requirement of these visas is to show that a genuine and realistic commitment exists. You will expect to prove t hat you have been in a relationship for 12 months or more. As Spouses your marriage must be recognised by Australian law (or are in a de facto or relationship), live together or not apart on a permanent basis, and have a commitment to a shared life together to the exclusion of all others.
Those claiming an interdependent (same sex) relationship are similarly required to live together or not apart on a permanent basis, and have a commitment to a shared life together to the exclusion of all other spousal or interdependent relationships.
You will need to;
- Provide evidence detailing mutual commitment - which includes the length of the relationship and time spent living together;
- Provide financial evidence supporting their mutual commitment to their partner;
- Provide evidence demonstrating the social aspects of the relationship, including pictures and the opinions of family and friends about the relationship.
Classes of Partner Visas
Prospective Marriage (300) Visa / Spouse (Temporary) Visa 820 and (Resident) Visa 810
This visa, is also known as the fiancé visa, is for people wishing to come to Australia to marry their sponsor. There is a 3 stage process involved in gaining permanent residency with this visa.
Stage 1
You will need to be outside Australia when you apply for this visa, and must be outside Australia when it is granted. Once granted you may then travel to Australia.
The visa will be valid for 9 months after grant.
Before this visa is granted you will usually be required to produce a Notice of Intended Marriage or a letter from a marriage celebrant detailing the arrangements, including dates, for the intended marriage.
Stage 2 & 3
After entering Australia you must marry your sponsor and apply for the spouse (820/801) visa all within this nine-month period.
This visa is not extendable in Australia, i.e. if after entering Australia you find for one reason or another that you cannot marry the Australian sponsor within the nine-month period, it cannot be extended.
If the applicant and the Australian fiancé has a change of heart and decide not to get married after the applicant's arrival, then the applicant is expected to leave Australia.
Spouse (Provisional) VISA 309 and (Migrant) VISA 100
This visa is for applications outside Australia. This is a 2 stage visa and is a simultaneous application which must be applied for offshore.
If you are married to your Australian sponsor and outside Australia, you should apply for visas 309 and 100.
This is a temporary visa and will allow you to enter Australia.
After 2 years if your relationship is still ongoing, you will be granted a visa 100 which is the permanent visa. You can be inside or outside Australia when this is granted.
Spouse (Temporary) Visa 820 and (Resident) Visa 810
This visa is for applications inside Australia. This is a 2 stage visa and is a simultaneous application which must be applied for inside Australia.
If you are married to your Australian sponsor and are in Australia, you should apply for visas 820/810. You will be granted the Spouse (Temporary) visa 820 first.
After 2 years if your relationship is still ongoing, you will be granted a Spouse (permanent) visa 810. You can be inside or outside Australia when this is granted. | 
