Plan to Bring Your Partner to Australia | Which Partner Visa Pathway is the Most Suitable?

A Partner Visa allows for the grant of a visa that permits married and/or de facto partners (including those in a same-sex relationship) of Australian citizens, Australian permanent residents (PR) and eligible New Zealand citizens to enter and remain permanently in Australia.

There are currently multiple partner visa pathways available at hand. These are divided into an onshore stream, an offshore stream and a prospective marriage.

Onshore Partner (Subclass 820/801) Visa Stream

The onshore stream is designed for applicants who wish to lodge their applications while residing in Australia. Upon application, the applicant will be granted a bridging visa, permitting them to remain in the country while their valid application is being processed. Additionally, this may grant the applicant work rights, thereby allowing them to engage in employment within Australia during this interim period.

The permanent Partner Visa (subclass 801) is usually processed at the second stage approximately two years from the day the applicant first applied for the temporary Partner Visa (subclass 820), if exceptions do not apply.

Offshore Partner (Subclass 309/100) Visa Stream

The offshore stream is catered towards applicants who wish to apply from outside of Australia. The applicant must remain offshore at the time of application and also typically when the temporary Partner Visa (subclass 309) is granted.

The permanent visa (Subclass 100) may be granted following an eligibility period (typically 2 years after first applying for the temporary visa) or if there are children from the relationship soon after the grant of the temporary visa. The applicant must make a formal request to be considered for a permanent visa as there is no automatic right for permanent residency. This procedure is often thought to be ‘making an application’ as it involves completing a statutory declaration and providing further supporting documents.

What are the disadvantages of an Offshore Partner Visa (SC309/100)?

Amongst the disadvantages to be considered concerning an offshore stream Partner Visa is that the applicant will not be automatically granted any bridging visas. This would mean no rights to stay or enter Australia until the temporary Partner Visa is granted.

Prospective Marriage (subclass 300) visa

The Prospective Marriage Visa (subclass 300) is intended for individuals seeking to journey to Australia to marry their prospective spouse. The Prospective Marriage (SC300) is a temporary visa and is valid for 9 months.

Where should I be when I apply for a Subclass 300 Prospective Marriage Visa?

The Subclass 300 Visa requires that the application be submitted from outside Australian borders. Furthermore, the applicant must remain outside of Australia at the time the visa is granted. It is important to note that this visa is not eligible for an extension.

Australia's partner visa pathways offer a diverse range of options for couples looking to build their lives together in this vibrant country. By exploring these pathways, applicants can find the right visa to suit their unique circumstances and match their aspirations. Below are some of our latest partner visa success stories from our clients:

How can Agape Henry Crux Help?

As you decide to embark on this exciting adventure with your partner, you may find the process daunting and confusing, consider seeking professional guidance at Agape Henry Crux can assist with your visa matter. Our Accredited Specialists in Immigration Law are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.