Partner visa is for you are in a relationship with an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen and are sponsored by you partner. The relationship can be a married or a de facto relationship. Australia recognises same sex relationships under the partner visa program.
If you are outside Australia and the marriage takes place overseas, the appropriate pathway is visa 309 followed by visa 100 but if you and your partner have decided to get married in Australia, then the appropriate visa would be visa 300. However, if you are already in Australia on some other visa and getting married in Australia, the appropriate partner visa pathway would be visa 820 followed by visa 801.
Click below for details on these visas.
Partner (Provisional) Visa (309)
This is a temporary visa and the first stage of the two-stage partner visa for applicants who are outside Australia at the time of lodgment and the marriage takes place overseas.
Partner (Migrant) Visa (100)
This is the permanent and the second stage of the two-stage partner visas for applicants who have held the 309 visa. The 100 visa can be granted two years from the date of application of the 309 visa provided the relationship between the parties is considered genuine and continuing at the second-stage assessment.
Partner (Temporary) Visa (820)
This is a temporary and the first stage of the two-stage partner visa for applicants who are in Australia at the time of lodgment and the marriage takes place in Australia.
Partner (Residence) Visa (801)
This is the permanent and the second stage of the two-stage partner visa for applicants who have held the 820 visa. The 801 visa can be granted two years from the date of application of the 820 visa provided the relationship between the parties is considered genuine and continuing at the second-stage assessment.
Prospective Marriage Visa (300)
This visa is for couples who plan to get married in Australia but the overseas partner does not have a visa to be in Australia. Once approved, this visa allows the visa holder to travel to Australia and get married to their sponsor.
Frequently asked questions – Partner Visas
Whether you can apply for a partner visa whilst in Australia will depend on the whether your current visa has condition 8503 or “No further stay” imposed. If this condition is imposed, you cannot apply for any visas whilst you are in Australia, including a partner visa.
Bridging visas are for applicants who are in Australia and have made a valid application for another visa. If the visa they have applied for has not been decided by the time their current visa expires, the bridging visa keeps them lawful in Australia. As you applied for the partner visa when you were overseas, you will not be entitled to a bridging visa.
Sponsorship is a legal requirement for partner visas and the visa applicant must have an eligible sponsor throughout the assessment of the application. The Australian partner of the visa applicant will be their sponsor.
If you held a valid visa (e.g. student visa, visitor visa) at the time of making the partner visa application, you will also have been granted a Bridging Visa A (BVA). A BVA issued in relation to a partner visa application does not come with any conditions. This means that you will have no restriction on work rights. The BVA however, only becomes active once your current visa has expired so if your current visa has work limitations (e.g. visitor visa) then these restrictions will remain in place till that visa has expired and the BVA has become active.
Medicare entitlements are a matter for Services Australia, the Australian Government Department that administers the Medicare program. Generally, individuals who have applied for, or have been granted a partner visa while in Australia, are considered eligible for Medicare.
The partner visa program is a two-stage program whereby visa applicants are initially issued a provisional visa (309 or 820). After two years have passed from their date of application for the 309 or the 820 visa, applicants are required to provide fresh evidence of their relationship to demonstrate that their relationship with their sponsor is still genuine and continuing. A positive second-stage assessment results in the grant of the partner permanent (100 or 801) visa.