Partner visas Subclass 309/100 (Offshore) & Subclass 820/801 (Onshore).

Prospective Marriage (Fiancé) visa Subclass 300 (Offshore).

Important Note: Australian partner visa new law just passed:

The Migration Amendment (Family Violence and Other Measures) Bill 2016 was passed on the 28th November 2018 and is awaiting Royal Assent.

That new law after it receives royal ascent, paves the way for regulations to require, amongst other things, a prior approval of a Sponsor BEFORE a valid application is lodged.

So, if you are planning on lodging a Partner visa any time soon, you should lodge it immediately and do not delay! Otherwise, onshore applicants could end up being subject to Schedule 3 criteria, which if not met, could result in a refusal of your Partner visa application.

Prospective Marriage (Fiancé) visa Subclass 300:

If you are have a Fiancé or are getting engaged to be married, if you are in a De facto relationship, a registered relationship or if you are married or going to be married soon you may be able to apply for a Partner visa instead.

Relationship & Eligibility Criteria:

You must be the fiancé of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen.

You must be 18 years old or older when you apply for the visa, you must also be outside of Australia when you apply for this visa and when the visa is decided. It is valid for 9 months with no extensions and it allows you to enter, work and travel in Australia and/or study (at your own expense).

You and your fiancé must:

  • have known and met each other in person since both turning 18 years of age.

  • not be related.

  • intend to marry each other within nine (9) months of the visa being granted.

  • intend to live as spouses after you are married.

  • not be married to anyone, when a decision is made on your visa application.

The Visa Application Charge (VAC) for the Prospective Marriage (Fiancé) visa is currently AUD$7,715.

Reduced Fee - Prospective Marriage visa holders need to marry your fiancé and lodge a valid application for a Partner visa Subclass 820/801 before your Prospective Marriage visa Subclass 300 expires, so that you will pay the reduced fee amount of (AUD$1,630).

If you do not lodge your Partner visa application before the date that your Prospective Marriage visa expires, you will pay a much higher fee amount of $7,715.

(VAC’s are updated and correct as of the 1st July 2019).

Partner visas Subclass 309/100 (Offshore) & Subclass 820/801 (Onshore).

Main Eligibility Criteria:

There are 3 different ways to become eligible for an Australian Partner visa:

  • Marriage - Couples who are legally married can apply for a Partner visa straight away, however, they need to make sure that they are able to provide adequate evidence of their relationship.

  • De facto - De facto partners need to have been in a de facto relationship for a period of at least 12 months to be eligible to apply for a Partner visa, this does not mean that you necessarily have to have lived together for at least 12 months, however, living together is an important factor in being consider a de facto couple.

  • Registered Relationship - Partners who have their relationship registered with their particular State government in the eastern States of Australia (QLD, NSW, ACT, VIC, TAS) or South Australia (SA). They are able to to apply for a Partner visa without having to have been in a 12 month de facto relationship or without having lived together for at least 12 months.

Same-sex marriages are now recognised by the Australian federal government, same-sex partners can register their relationships in some states such as Victoria, they can also apply for either a Prospective Marriage Subclass 300 (Fiancé) visa or a Partner visa.

Evidence: In order to apply for a Partner visa you will need to provide evidence of a genuine and continuing relationship exclusive of all others. You will also need to provide evidence from each of the 4 pillars or aspects of your relationship: Social, Commitment, Housing and Financial (you also cannot be living apart on a permanent basis).

The Visa Application Charge (VAC) for either a Subclass 300 Prospective Marriage Fiancé or Partner visa is currently AUD$7,715.

If you apply for a Subclass 300 Prospective Marriage (Fiancé) visa, pay the AUD$7,715 VAC and lodge a valid application for a Partner visa Subclass 820/801 before your Prospective Marriage (Fiancé) visa Subclass 300 expires, you will only have to pay the reduced VAC amount of AUD$1,630 when you apply for a Partner visa.

If you would like more information or an initial assessment, please contact us, live chat or phone us on +61 4 977 888 91 and we can provide you more information, assess your eligibility and advise you on the best course of action, if you are eligible, we can also assist you with the completion and lodgement of your visa application.