The three types of relationship to which these visas apply are:
- people intending to get married (fiancés)
- married (de jure) partners
- de facto partners (including those in a same sex relationship)
The charges associated with these visas range between $300+ and $3000+. A tool to calculate all visa charges is available online.
Applying Outside Australia
For applicants applying from outside of Australia there are three visa possibilities: Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100); Prospective Marriage Visa (Subclass 300); and the Humanitarian Program – Split Family Provisions.
- The Prospective Marriage Visa (Subclass 300) permits entry into Australia for nine months for the purpose of marrying your intended fiancé. It is only for applicants who apply from outside of Australia. The visa holder can work and study in Australia, and apply for a Partner visa once they have married their fiancé.
- The Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100) is for married and de facto couples. It requires first a two year waiting period to see if the spousal relationship is still intact, and then a permanent visa can be applied for. An applicant who has entered under a prospective marriage visa and wishes to apply from within Australia for a Partner Temporary Visa can apply for a Subclass 309 or a Subclass 820 Partner Temporary Visa.
- The Special Humanitarian Program – Split Family Provisions are for immediate family members of the holder of any permanent humanitarian visa (including Permanent Protection visas). These visas apply to partners, dependent children and parents of sponsors within Australia. For partners, the spouse or de factor partner and the proposer must be in a relationship recognised as valid for the purposes of the Migration Act 1958. This would exclude bigamous relationships, and relationships of temporary duration. If the visa is granted it will usually be the same visa as the sponsor’s visa.
Applying from within Australia
If applying from within Australia, the partner of an Australia citizen, permanent resident, or eligible New Zealand citizen can look at the Partner Visa: Onshore Temporary and Permanent - Partner Temporary Visa (subclass 820) and Permanent Visa (subclass 801). The first visa authorises a stay of two years. After that period if the spousal relationship is ongoing, a permanent visa may be granted.