Partner visa

The most common visa in the family category is the partner visa. You may be eligible to migrate to Australia using the partner visa if you are married or in a de facto partner relationship with an Australian citizen, Australian permanent resident or an eligible New Zealand citizen. 

The legal definition of a ‘de facto’ partner relationship is different to that under the Family Law Act. Therefore, it is important to enquire with an immigration lawyer to understand whether you are eligible for the visa (per immigration requirements). 

First of all, you do not have to have lived together at all to be considered a de facto couple. 

The main requirement for the partner visa is:

  • Demonstrate you are in a genuine, exclusive and mutually committed relationship with the Sponsor  
  • The Sponsor must meet certain sponsorship requirements (e.g. not have sponsored someone before within a certain period)  
  • Be of good character and health 

We are experienced with dealing with many complex partner visa applications including:

  • Couples who have never lived together or have a short long distance relationship 
  • Same sex relationship where the relationship is not known to family and friends 
  • The sponsor has a significant criminal record
  • The sponsor has sponsored more than 2 people in the past
  • The sponsor has sponsored someone in less than 5 years 
  • The visa applicant is suffering from domestic violence 
  • The relationship breaks down before the visa is granted 
  • One spouse/partner engaged in extra-marital affairs

It is important to note that in 2021, some changes will occur for the partner visa including:

  • Introduction of English language requirement 
  • Two step processing for sponsor and visa applicants separately

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    Visa Policy

    Australia’s partner visa is designed for the spouses or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens. The onshore partner visa is divided into two stages: temporary (Subclass 820) and permanent (Subclass 801).

    Stage 1: Temporary Stage (Subclass 820)

    • Applicants must be in a genuine and ongoing relationship with the Sponsor.
    • Applicants need to provide supporting evidence of the relationship such as marriage certificate, proof of cohabitation, sharing of financial responsibilities, nature of household, social aspects and commitment to a long-term relationship with each other.
    • Allows the holder to live and work in Australia while awaiting processing of the permanent visa.

    Stage 2: Permanent Stage (Subclass 801)

    • Applicants are eligible to apply for the permanent visa usually two years after submitting the temporary visa (unless they meet certain criteria).
    • Applicants need to provide further evidence demonstrating the genuineness and continuity of the relationship.
    • After obtaining the permanent partner visa, the holder can live, work, and study indefinitely in Australia and is eligible to apply for Australian citizenship subject to meeting relevant residence requirements.

    Basic Requirements

    When applying for a partner visa, applicants need to meet the following basic requirements:

    1. Evidence of Relationship
      • Married Spouse
        • Possess a valid marriage certificate confirming their legal marital status.
        • Provide evidence of cohabitation, such as a rental agreement or jointly owned property.
        • Provide evidence of sharing of financial responsibilities, such as joint bank accounts, insurance policies and other jointly owned assets.
        • Demonstrate the nature of the household, such as joint responsibility for the care of children, living arrangements, sharing of housework.
        • Present the social aspect of the relationship, such as evidence of declaration of relationship to authorities, photos from joint outings, invitations and statements from family and friends.
      • De facto Spouse
        • Provide evidence of at least 12 months cohabitation (unless certain criteria are met), such as a rental agreement or jointly owned property.
        • Provide evidence of sharing of financial responsibilities, such as joint bank accounts, insurance policies and other jointly owned assets.
        • Demonstrate the nature of the household, such as joint responsibility for the care of children, living arrangements, sharing of housework.
        • Present the social aspect of the relationship, such as evidence of declaration of relationship to authorities, photos from joint outings, invitations and statements from family and friends.
    2. Sponsor’s Eligibility
      • The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
      • The sponsor must meet the character requirements specified by the Australian government.
      • The sponsor has turned 18 years of age (additional requirement apply if this is not the case).
      • Generally, a sponsor can only sponsor two spouses/partners in their lifetime (exemptions apply in certain circumstances).
      • The sponsor agrees to ensure that adequate accommodation is available to the applicant for up to 2 years upon their arrival in Australia or following visa grant.
      • The sponsor agrees to provide support as required enabling the applicant to attend appropriate English language courses.
    3. Health and Character Requirements
      • The applicant must meet Australia’s health and character requirements.
      • The sponsor must meet relevant character requirements.

    Our Service Process and Timeline

    At Brightstone Migration, we offer comprehensive partner visa application services to ensure your application proceeds smoothly.

    We recognise that applying for a partner visa can be both challenging and stressful. That is why we are dedicated to offering personalised and expert support to ensure a smooth process and successful outcome.

    1. Consultation and Assessment Phase (1-2 weeks)
      • Initial consultation to understand your circumstances, assess your eligibility and outline the visa application process.
      • Provide a document checklist and guidance as to the information and documents required to support the application.
    2. Document Preparation Phase (2-4 weeks)
      • Assist in preparing and collating all required documents to ensure they meet the relevant legal requirements.
      • Review information and supporting documents to ensure legal requirements are met.
    3. Application Submission Phase (1 week)
      • Draft, review and submit visa application.
      • Ensure complete and accurate information and documents are provided with the application.
    4. Processing Phase
      • Temporary Visa (Subclass 820): currently 30-51 months
        • Monitor the application progress and provide real-time feedback.
        • Assist with any further requests from the immigration department.
      • Permanent Visa (Subclass 801): usually two years after submitting the temporary visa application
        • Assist in preparing and submitting the permanent visa application.
        • Monitor the permanent visa application progress and provide real-time feedback.
    5. After Visa Approval
      • Provide post-visa support and consultation services to help you adapt to life in Australia.