Partner and Prospective Marriage Visas

Subclass 309/100

You need to apply for the Partner (Provisional) visa (subclass 309) outside of Australia (“offshore”).

The Partner (Provisional) visa (subclass 309) is the first stage towards the permanent partner visa called the Partner visa (subclass 100). You only need to lodge one application for both your temporary and permanent visas and pay one application charge. However, your partner visa application is processed in two stages.

When you apply for and are granted the first stage – the Partner (Provisional) visa (subclass 309) – you must be outside of Australia.

When you are granted the second stage – the Partner visa (subclass 100) –  you can be in or outside of Australia.

Applying for the Partner (Provisional) visa (subclass 309)

To qualify for this visa, you must be married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or an eligible New Zealand citizen. And you must be in Australia when you apply.

Expect the processing time to take anything from 12 to 15 months. Delays can be reduced by ensuring your application and supporting documents provide all the required information.

Once you are granted the Partner (Provisional) visa (subclass 309), you are allowed to live, work and study in Australia until a decision in made on the permanent Partner (Migrant) visa subclass 100.

When the permanent partner visa is granted, you can stay in Australia indefinitely, work and study, travel freely to and from Australia for 5 years from the date the permanent partner visa was granted.

Subclass 820 / 801

If you are in Australia and you want to apply for a partner visa, you should apply for the subclass 820 and 801.

The Partner visa (subclass 820) is the first stage towards a permanent Partner visa (subclass 801). You only need to lodge one application for both your temporary and permanent partner visas and pay one application charge. However, your visa application is processed in two stages.

You must be in Australia when you submit your application and when the decision is granted.

Applying for the subclass 820 visa

To qualify for the Partner visa subclass 820, you must be married to or in a de facto relationship with an Australian citizen, Australian permanent resident or an eligible New Zealand citizen. And you must be in Australia when you apply.

Once granted, you are allowed to live, work and study in Australia until a decision in made on your permanent Partner visa.

It typically takes from 12 to 15 months for the Department of Immigration and Border Protection to process subclass 820 visa applications.

To find out if you qualify for this visa and to understand how to reduce delays, contact us for an assessment.

When the permanent partner visa is granted, you can stay in Australia indefinitely, work and study, travel freely to and from Australia for 5 years from the date the permanent partner visa was granted.

De facto relationships

Find out more about preparing for a partner visa if you are in a de facto relationship.

We helped Steve become a successful partner visa sponsor. Discover the benefits of working with us.

Prospective Marriage visa (subclass 300)

Another Australian partner visa is the Prospective Marriage visa (subclass 300). This temporary partner visa is for people who want to come to Australia to marry their prospective spouse. It is valid for 9 months.

Applying for the Prospective Marriage (subclass 300)

To qualify for the Prospective Marriage visa you need to be sponsored by your prospective spouse. Your spouse must be an Australian citizen, permanent resident or eligible New Zealand citizen. As well as meeting requirements like health and character checks, you will also need to show proof of your intent to marry.

Contact us for help with your Prospective Marriage visa.