1.0 What is a Partner Visa?

Partner visa is a type of visa that allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia. This category of migration permits married partners (example opposite-sex spouses) and de facto partners (including those in a same-sex relationship) of Australian citizens, Australian permanent residents and eligible New Zealand citizens to enter and remain permanently in Australia.  Partners who meet the legal criteria will be granted a subclass 820 temporary visa followed by a Subclass 801 (partner) residence visa provided that you are still in the relationship with your Australian partner two (2) years after first applying for the subclass 820 visa.

2.0 How can I apply for a Partner Visa through a ‘de-facto relationship’?

To satisfy that there is a ‘de-facto relationship’,[1] a person must be the de facto partner of another person (whether of the same sex or a different sex) if they are not in a married relationship[2] and they have a mutual commitment to a shared life to the exclusion of all others; and the relationship between them is genuine and continuing that they live together or do not live separately and apart on a permanent basis, they are not related by family. 

3.0 Application

The following is the application steps for applying a Partner visa inside or outside Australia. The temporary Partner visa (subclass 820) is the first stage towards a permanent Partner visa (subclass 801). You must be in Australia when you apply and also when this visa is decided.

Applying from outside Australia

Step 1: Subclass 300-Prosepctive Marriage (temporary) – you plan to marry your Australian fiancé(e).

Step 2: Subclass 820-Partner (temporary) – travel to Australia; then marry your Australian partner while the subclass 300 visa is valid; and then make an application (in Australia) to stay in Australia.

Step 3: Subclass 801 – Partner (residence) – you are still in the relationship with your Australian partner 2 years after first applying for the subclass 820 visa.

 OR

Step 1: Subclass 309-Partner (provisional) – are legally married; or intend to legally marry in the near future and prior to migration; or have been in a de facto relationship for at least the entire 12 months prior to the date of application.

Step 2: Subclass 100-Partner (migrant) – you are still in the relationship with your Australian partner 2 years after first applying for the subclass 309 visa.

Applying from inside Australia

Step 1: Subclass 820 – Partner (temporary) – you and your Australian partner are legally married; or have been in a de facto relationship for at least the entire 12 months prior to the date of application.

Step 2: Subclass 801 – Partner (residence) – you are still in the relationship with your Australian partner 2 years after first applying for the subclass 820 visa.

How to apply?

The 2 main application forms relating to partner migration are:

• form 47SP Application for migration to Australia by a partner; and

• form 40SP Sponsorship for a partner to migrate to Australia.

Form 47SP serves as an application for both the temporary and permanent Partner visas and, similarly, form 40SP serves as a sponsorship application for these visas. Therefore, after you have been granted a temporary Partner visa, you do not need to lodge another 47SP form for your permanent visa to occur. At time of this consideration, however, the department may request you to obtain another completed 40SP form from your sponsor.

If you are a Prospective Marriage visa applicant, you also use the form 47SP and form 40SP. If you and your fiancé(e) marry before a decision is made on your visa application, you should notify the department and your application will then be changed to that of a Partner visa for notification requirements. However, if you have been granted a Prospective Marriage visa, enter Australia and then marry your fiancé(e) while your visa is still valid, you will need to lodge another 47SP form and 40SP form for your Partner visa to be considered.

 

 

[1] Migration Act 1958.

[2] Migration Act 1958, 5F.

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