Partner Visa Frequently Asked Questions (FAQs)

 

Are you planning to migrate to Australia on a partner visa? Or are you someone who is already in Australia on a partner visa and facing some serious issues?

 

If so, this blog post is for you. Basically, it’s a report on the most common questions asked by clients and their comprehensive answers. 

 

All the content in this post is based on general information and is taken from the official websites. Each case is unique and requires customised help. 

 

So, before making any decision regarding a serious issue, it is advisable to do thorough research and consider taking help from a migration agent. Schedule an online appointment with our expert now and get a solution to your problems.

 

 

Partner Visa Frequently Asked Questions (FAQs)

Here is a list of the frequently asked questions on Australian partner visas with comprehensive answers. 

 

Q.1. What is an Australian Partner Visa?

An Australian Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. There are three main types of partner visas in Australia: 

 

• Onshore partner visa (subclass 309 and 100)
• Offshore partner visa (subclass 820 and 801)
• Prospective marriage visa (subclass 300)

 

Here is a brief overview of each visa subclass:

 

Onshore Partner Visa (Subclass 309 and 100)

 

• Subclass 309: This is a temporary visa that allows you to live in Australia while your application for a permanent visa is being processed. You must apply from outside Australia, and it usually takes about 13 to 18 months to process.

 

• Subclass 100: This is a permanent visa and you can apply for it after holding the Subclass 309 visa. It allows you to stay in Australia permanently and usually takes about 19 to 39 months to process.

 

Partner Visa (Subclass 820 and 801)

 

• Subclass 820: This is also a temporary visa, but you must be in Australia when you apply. It lets you stay in Australia while your permanent visa application is processed. The processing time is around 21 to 25 months.

 

• Subclass 801: This is a permanent visa, which you can apply for after holding the Subclass 820 visa. It usually takes about 20 to 26 months to process.

 

Prospective Marriage Visa (Subclass 300)

This visa is for people who are engaged to an Australian citizen or resident and want to marry them in Australia. It allows you to stay in Australia for up to 9 months, during which time you must get married. After marriage, you can then apply for a partner visa. The processing time for this visa is around 14 to 18 months.

 

Q.2. Can I include my children in my Partner Visa application?

Yes, you can include your children in your Partner Visa application. This means that your children can also move to Australia with you if your visa is approved. To be eligible:

 

• Your children must be under 18 years old
• If they are between 18 and 25, they need to be full-time students and financially dependent on you. 
• If you have children over 18 who have a serious disability, you can also include them in your application. 

 

You will need to provide documents that prove they are your children, such as birth certificates. Moreover, the children included in your application will have the same visa conditions as you. 

 

Q.3. What is the application fee for a partner visa in Australia?

The main application fee for a Partner Visa is around AUD 9,095. If you are including your children, you may have to pay an additional fee. Moreover, there are some additional costs, including  health examinations, police certificates, and translation of documents.

 

Have a look at the following table to get insights into partner visa application costs: 

 

Cost Item	Approximate Cost (AUD)
Partner Visa Application Fee	Approximately 9,095
Child Visa Fee (under 18 years)	Approximately 2,280 each
Child Visa Fee (18 to 25 years)	Approximately 4,550 each
Medical Examination	Approximately 350 for adults, 300 for children
Police Checks	Varies (check local costs)
Document Translation	Varies (depends on documents)

 

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Q. 4. Who is eligible to apply for a partner visa?

To be eligible for a Partner Visa, you must be in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. This relationship can either be:

 

• A marriage.
• A de facto relationship (living together for at least 12 months).
• An engagement (for the prospective marriage visa) where you intend to marry.

 

Q.5. What documents are required for the partner visa application?

You need to provide the following documents to apply for an Australian partner visa in Australia:

 

Identity Documents

• Two recent passport-sized photos.
• Birth certificate showing the names of both your parents.
• A copy of the page in your passport that shows personal details.

 

Relationship Documents

• If you are married, include a copy of your marriage certificate.
• If you are in a de facto relationship, provide the joint bank account statements, rental agreements, property ownership documents, shared utility bills, photos and any travel documents.

 

Health and Character Documents

• Police clearance certificates
• Form 80 to assess your character.
• Medical examination reports.

 

Sponsor’s Documents

Your partner must also provide the following documents:

• Proof of Australian citizenship or residency.
• Form 40SP for confirmation whether your partner wants to sponsor you.

 

Q.6 How long does the partner visa application process take?

Usually, it takes about 12 to 24 months for a Partner Visa application to be processed in Australia. However, the processing time varies and depends upon several factors, including the following:

 

• Completeness of your application (if you provide the complete and accurate information, chances of your application processing will be increased).
• Application method (whether you have applied online or by paper application). Online applications are processed more quickly.
• How quickly you respond to higher authorities if they ask for more information.
• Volume of applications being received by the Department of Home Affairs. 

 

The DHA continuously updates visa processing time. Therefore, visit the processing time guide tool for more accurate processing time.

 

Q.7 Can I stay in Australia while waiting for my partner visa?

If you are applying for an Onshore Partner Visa in Australia, you can stay in the country while your application is being processed. This means you don’t have to leave Australia during this time. 

 

However, if your current visa expires before your Partner Visa application is decided, you may receive a Bridging Visa. It will allow you to remain legally in Australia and often gives you the right to work. 

 

But keep in mind that if your current visa has specific conditions, such as condition 8503 (a “no further stay” condition), you may need to seek permission or a waiver before applying for the Partner Visa. 

 

It’s important to ensure that you are in Australia when you submit your application and when your temporary visa is granted. However,  you can be outside Australia when the permanent visa is issued later. 

 

Contact our expert at The Migration if you’re uncertain about any of these details.

 

 

Q.8. What happens if my relationship ends before my partner visa is granted?

If your relationship ends before your Australian Partner Visa is granted, it can affect your visa application. Here’s what you need to know:

 

• Inform the Department of Home Affairs that your relationship has ended.
• If your relationship ends, your visa application might be cancelled. This is because the Partner Visa is based on your relationship with your Australian partner.

 

However, there are circumstances where your visa application may be considered:

 

• If you have experienced domestic violence during your relationship, you can still get the visa. You will need to provide evidence of the violence.
• If you have children with your partner, you might still be able to get the visa. The authorities will consider the best interests of the children.

 

While your application is being processed, you can stay on a Bridging Visa. If your relationship ends, you might need to apply for a different visa to stay in Australia.

 

Q.9. What happens if I’m on a partner visa and my relationship ends?

If your relationship ends and you are on a partner visa in Australia, what happens next depends on what type of visa you have.

 

If you hold a temporary Partner Visa (Subclass 820 or 309)

 

You need to inform the Department of Home Affairs immediately. If you don’t inform them, your visa could be cancelled without warning. 

 

However, if you inform them on time, they will analyse your situation. If they decide that the relationship has ended and it doesn’t meet their requirements, they might cancel your visa. 

 

If that happens, you usually have 28 days to respond and figure out what to do next. You can apply for a different visa during that time. 

 

If you hold a permanent Partner Visa (Subclass 801 or 100),

You can stay in Australia even if your relationship ends because your visa does not depend on being in a relationship anymore. So, you don’t need to tell the Department of Home Affairs about the breakup.

 

In short, if your relationship ends and you have a temporary partner visa, it’s very important to inform the Department of Home Affairs as soon as possible.

 

Q.10. I want to apply for a partner visa, but I haven’t lived with my partner for 12 months yet and my visa will expire next month. What should I do?

If you want to lodge a Partner Visa application but haven’t lived with your partner for 12 months yet, you still have a few options. 

 

• First, if you are married to your partner, you can apply for the Partner Visa regardless of how long you’ve lived together. 

 

• If you are not married and cannot meet the 12-month living requirement for a de facto relationship, consider registering your relationship with the appropriate state or territory.  

 

• If your current visa is expiring, you can apply for a bridging visa. This visa allows you to stay in Australia while your Partner Visa application is being processed.

 

Schedule an appointment with our expert at The Migration if you need professional assistance. 

 

Q.11. Can I apply for a partner visa if I have sponsored someone else before?

Yes, you can apply for a partner visa even if you have sponsored someone else before. But you need to know certain things before doing this:

 

You can sponsor a maximum of two partners in your lifetime. It means if you have already sponsored two people for a Partner Visa, you cannot sponsor another person.

 

There must be at least five years between each sponsorship. This period is counted from the date you submitted the first visa application to the date you lodge the new.

 

However, under certain circumstances, these limitations won’t apply. These compelling reasons include the following:

 

• Having a dependent child with your new partner.
• Your previous partner passed away. 

 

Your application will also be assessed based on your character. If you have been involved in any criminal offence, you may not be eligible to sponsor.

 

Q.12. I am in Australia on a visitor visa. Can I apply for a partner visa?

Yes, you can apply for a partner visa while you are in Australia on a visitor visa. 

 

If you are in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, you can apply for an Onshore Partner Visa (Subclass 820). This allows you to stay in Australia while your application is being processed.

 

Once you submit your application, you will usually receive a bridging visa. This visa allows you to remain in Australia until the Department of Home Affairs makes a decision on your partner visa. 

 

However, it’s important to check the conditions of your visitor visa. If it has a “No Further Stay” condition (Condition 8503), you may not be able to apply for another visa without leaving Australia. 

 

Q.13. Can I include dependents from my previous marriage on my visa application?

Yes, you can include dependents from your previous marriage in your Partner Visa application. However, you will need to get permission from their other parent if they are still involved in their lives. 

 

But if you have sole custody of the children, you won’t need permission from the other parent. It’s important to provide documents like birth certificates and any custody agreements when you apply. 

 

Make sure to gather all necessary documents to show that your relationship with your children is genuine.

 

Q.14. What are the major reasons for a Partner Visa Refusal?

Here are some of the most common reasons for a partner visa refusal in Australia:

 

Lack of Evidence 

It is one of the biggest reasons for partner visa refusal in Australia. Your relationship must be genuine and you have to provide evidence in the form of joint bank statements, photos, and letters from friends and family.

 

Failure to Meet Requirements

If you or your partner do not meet the basic requirements for the visa, your application can be denied. For example, you must be in a relationship with an Australian citizen or resident and be over 18 years old.

 

Inconsistent Information 

If there are inconsistencies in your application, such as different dates or details about your relationship, your application will be refused. It’s important to keep all information consistent across all forms and statements.

 

Criminal History 

If either you or your partner have a serious criminal record, your application will be refused or cancelled. The Department of Home Affairs checks the character of both the applicant and the sponsor.

 

Q.15 What happens if my partner visa is refused?

If your partner visa is refused, the Department of Home Affairs will send you a letter explaining why your visa was denied.

 

After you receive the refusal letter, you will have 21 days to respond. You can apply for a review at the Administrative Appeals Tribunal (AAT). Alternatively, you can apply for a different type of visa. 

 

Carefully read the refusal letter and consider seeking help from an immigration expert to understand your options and improve your chances if you decide to reapply.

 

Final Thoughts

So, these are the frequently asked questions by our worthy clients. I’ve shared the comprehensive and detailed information on each question. But if you are confused and want further assistance, contact our MARA-certified agent at The Migration. You’ll get personalised assistance based on your interests and preferences.