What Are The Partner Visa Options?
The Partner Visa has three visa subclasses:
- Subclass 820/801 Partner visa (onshore); and
- Subclass 309/100 Partner visa (offshore).
- Subclass 309 Fiance – Prospective Marriage visa
All options provide a pathway to permanent residence.
The application process for a Prospective Marriage visa is then the same as for married and de facto couples. This visa pathway involves a 3-stage process, it can be quite a long time until your reach the permanent residence stage. For the majority of the processing period, however, you will be able to reside in Australia with your partner as a temporary resident (as you can enter Australia once the prospective marriage visa is granted).
Prospective marriage visa 300 has to be lodged offshore.
When you lodge an offshore partner visa application, you will be permitted to enter Australia upon grant of the subclass 309 temporary partner visa Australia. Given the extended processing times that normally apply, you might consider applying for another class of visa, such as a visitor visa, to enable you to visit your partner whilst you await a decision on the temporary partner visa application (provided you are eligible).
You will also have to provide a Notice Of Intention to Marry (NOIM).
Upon grant of the offshore temporary partner residence visa, you can lawfully reside in Australia until your permanent partner visa Australia application is decided. However, you must be offshore while the visa is granted.
Once a Fiance visa is granted you will have 9 months to get married.
To apply for a Prospective Marriage visa, you must:
- Be 18 years old or older
- Have a sponsor
- Meet our health requirement
- Meet our character requirement
- intend to marry your prospective spouse before the visa period ends
New Zealand passport holders
New Zealand passport holders should tell the immigration officer at the border that they have a Prospective Marriage visa. If you do not tell them, you might be granted a 444 visa. Grant of a subclass 444 visa will cease your Prospective Marriage visa.