Partner Visa (309/100, 820/801, 300)

The Australian Partner visa program allows the spouses, de facto (common law) partners, or fiancés of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia. This pathway is designed for couples in a genuine, committed relationship who intend to build a life together in Australia.

The system is split into three primary streams based on where you are when you apply: Onshore (Subclass 820/801), Offshore (Subclass 309/100), and the Prospective Marriage (Subclass 300) for fiancés. Unlike many other visa categories, the Partner visa is a two-stage process: you apply for a temporary and permanent visa simultaneously, and the permanent status is typically granted two years after the initial application if the relationship remains ongoing.

• The "Two-Year" Wait: Most applicants are granted a temporary visa first. You must submit further evidence two years after your initial application date to prove the relationship is still genuine to receive your permanent visa.
• Long-Term Relationship Fast-Track: If you have been in a de facto relationship or married for 3 years or more (or 2 years if there is a child of the relationship) at the time you apply, you may be granted the permanent visa immediately, skipping the temporary stage.
• Schedule 3 Criteria: If you are applying onshore (820) but your previous visa has already expired or you hold a Bridging Visa, you face much stricter "Schedule 3" requirements. You will need to prove "compelling reasons" why you should be allowed to apply from within Australia.
• Sponsor Approval: Recent policy shifts emphasize that the Australian sponsor must be approved by the Department of Home Affairs before the visa applicant's portion can be finalized.

• Work Rights: You have unrestricted rights to work in Australia on both the temporary (820/309) and permanent (801/100) visas.
• Study Rights: You can study in Australia. However, as a temporary resident, you may not be eligible for government student loans (HECS-HELP) until you reach permanent residency.
• Healthcare: You are generally eligible to enroll in Medicare (Australia’s public healthcare system) once you have applied for the 820 or 309 visa.
• Travel Rights: You can travel in and out of Australia as many times as you like while the visa is valid. (Note: Onshore applicants on a Bridging Visa A must obtain a Bridging Visa B before traveling).
• Path to Citizenship: Once you hold a permanent visa (801 or 100) and meet the residency requirements (usually 4 years in Australia, with at least 12 months as a permanent resident), you can apply for Australian Citizenship.
• Family Reunification: You can include dependent children on your application, allowing them to live, work, and study in Australia with you.