These visas allow Australian citizens, permanent residents, or eligible New Zealand citizens to sponsor their partners to live with them in Australia.
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Subclass 820/801
The Onshore Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia.
Applicants must be in Australia at the time of application.
This is a two-stage process:
This visa lets you live, work, and study in Australia, access Medicare, and eventually apply for Australian citizenship if eligible.
Subclass 309/100
The Offshore Partner Visa is for the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen who is living outside Australia at the time of application.
This is a two-stage process:
This visa allows you to join your partner in Australia, with full work and study rights, access to Medicare, and a pathway to Australian citizenship if eligible.
Subclass 300
The Prospective Marriage Visa allows individuals outside Australia to enter the country to marry their Australian fiancé(e). Once married, the visa holder can apply for an onshore partner visa to remain in Australia permanently.
This temporary visa is valid for up to 9 to 15 months and permits the holder to live, work, and study in Australia during that time.
Applicants must demonstrate a genuine intention to marry their Australian partner within the visa period and provide evidence of their relationship and future plans together.
Subclass 461
The Subclass 461 visa allows non-New Zealand family members (such as partners or children) of New Zealand citizens to live, work, and study in Australia for up to 5 years, even if they are not New Zealand citizens themselves.
To be eligible, you must be a member of the family unit of a New Zealand citizen who holds a Subclass 444 Special Category Visa and be in or outside Australia when applying.
This visa can be renewed as long as the relationship continues, offering a flexible long-term option for families of New Zealand citizens living in Australia.
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Alex reached out to us in a bit of a panic. He had been dating Sarah, an Australian citizen, for just four months, and his visa was about to expire in December 2023. They weren’t married, hadn’t lived together for long, and he was worried he wouldn’t be able to stay in Australia.
During our consultation, we found out they were living in New South Wales. This turned out to be key. In most Australian states (except WA and NT), couples can register their relationship with the state, which removes the usual 12-month living-together requirement for a partner visa.
We guided them register their relationship quickly and prepared their partner visa application just in time. With the relationship registration certificate, we were able to show their commitment despite the short time together.
The visa was lodged just before Alex’s visa expired, and after approximately nine months of processing, it was successfully approved.
Every relationship is different, and every case has its own challenges. But with the right advice, even tight timelines can lead to happy outcomes.
If you’re not sure whether you meet the partner visa requirements, get in touch—we’re here to help.
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You can lodge a Partner visa 820/801, based on either a de-facto relationship or being married, with limited evidence and keep adding new relationship evidence even after the application has been lodged, so when the Department of Home Affairs assesses your application, there will be a lot more evidence than at the lodgement stage.
The Department of Home Affairs will take into consideration whatever evidence you have provided in your application, before and after lodgement, at the time they assess your application. You can also lodge a partner visa based on a de-facto relationship without presenting your relationship registration certificate at the lodgement stage, but it is recommended to provide it as soon as possible.
To lodge an onshore parent visa, your parents must meet the balance of family test. In addition, at least one of your parents must be old enough to receive the age pension in Australia. They must not have an 8503 (no further stay) condition on their visitor visa, or if they do, they must apply for it to be waived prior to lodging the application.
You have the right to request the Department of Home Affairs to make a decision on your 820 or 801 visa (PR), even if it highly likely to be refused. Once refused you can appeal the decision by lodging an appeal application at the Administrative Appeals Tribunal (AAT) and remain in Australia while the application is in the AAT queue, pending a hearing date. If you withdraw your application, you do not have the right to appeal.
You may be able to apply for your 801 (PR) if special circumstances apply.
These include:
The other option is to consider lodging another visa such as an employer sponsorship TSS or 186 visa or student visa while holding an 820 visa.
No, although they are both Parent Visa Applications, it is not possible to switch once either application has been lodged. A new application and new visa charges will need to be paid. You can ask the Department to use the same documents so no need to send in new documents where there is an overlap of documents for both applications. In addition, you will lose your place in the queue when applying for a new parent visa category and will be treated as a new application.
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