Reuniting with a partner in Australia is a journey that thousands of couples undertake each year. The partner visa pathway is well-established but involves detailed documentation, lengthy processing times, and strict requirements. Understanding the process from the outset helps you prepare properly and avoid costly mistakes.
Who Can Apply for a Partner Visa?
Partner visas are available for spouses and de facto partners of Australian citizens, permanent residents, and eligible New Zealand citizens. The relationship must be genuine and ongoing. Same-sex relationships are equally eligible.
The Two-Stage Pathway
The partner visa process is a two-stage pathway:
- Stage 1 — Temporary Partner Visa (Subclass 820/309): This is granted first and allows the applicant to live and work in Australia while the permanent visa is assessed.
- Stage 2 — Permanent Partner Visa (Subclass 801/100): After generally two years from the application date, the applicant may be eligible for the permanent visa if the relationship is ongoing.
Onshore applicants apply for the 820/801 combination; offshore applicants apply for the 309/100 combination.
Evidence of a Genuine Relationship
The most critical component of any partner visa application is demonstrating that the relationship is genuine and continuing. Evidence is assessed across four categories:
- Financial aspects: Joint bank accounts, shared financial commitments, mortgage or lease in both names
- Nature of household: Living together, shared responsibilities, evidence of cohabitation
- Social aspects: Knowledge of each other, recognition as a couple by family and friends, joint social activities
- Commitment: Duration of relationship, future plans, knowledge of each other's background and life
Processing Times
Partner visa processing times vary significantly. As a general guide, the temporary stage (820/309) is currently taking 12-24 months for most applications. Processing times fluctuate depending on the Department of Home Affairs workload and the complexity of individual cases.
Common Grounds for Refusal
- Insufficient evidence of a genuine relationship
- Failure to meet health or character requirements
- Previous visa breaches or overstays
- Inconsistencies in statements or evidence
- Sponsor not meeting eligibility requirements
Sponsor Requirements
The Australian partner (the sponsor) must also meet eligibility requirements. They must be an Australian citizen, permanent resident, or eligible NZ citizen; must be at least 18 years old; and must not have sponsored more than one previous partner visa (with some exceptions). A sponsor with a history of family violence may also be ineligible.
Character and Health Requirements
All adult applicants must meet character requirements (generally, no substantial criminal record) and health requirements (medical examination by an approved panel doctor). Dependant children must also undergo health checks.
Can I Work While My Application Is Processed?
Once the temporary partner visa (820) is granted, you can live and work in Australia on a full, unrestricted basis. During the "bridging visa" period between lodging your application and the temporary visa being granted, work rights depend on your current visa conditions.
At James Papas Solicitors, Shanthi Anandarajah handles all partner visa applications in English and Tamil. We help you build the strongest possible application and represent you at any review proceedings. Your first consultation is free. Call (02) 9633 3122.
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