Family Class

Partner Visa

This class of visa allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia.  This visa can be applied for either in Australia or offshore.

There are two stages to this type of application:

Stage 1 – Temporary Partner Visa (Subclass 309/820)

This stage allows the visa applicant to obtain a 2-year temporary visa.  In order to complete a valid application, the applicant will need to provide:

• evidence that the relationship is continuing and genuine;
• declarations from two people who know the couple well and can support their claim to be in a continuing and genuine relationship;
• medical examinations and police clearances.

The applicant and their spouse/de facto partner may also be asked to attend an interview with the Department of Immigration and Citizenship (DIAC)

It is important to note that an applicant in a de facto partnership must provide evidence that they have been living with their partner in a continuing and genuine relationship for a minimum of 12 months prior to the date of their application.

Applicants who are onshore at the time of their application will need to be in Australia when their visa is granted.  Applicants who are offshore at the time of their application will need to be offshore at the time their visa is granted, and will need to enter Australia by a given date.  The temporary visa allows for multiple re-entries into Australia until the permanent residency application is decided.

Stage 2 Permanent Partner Visa (Subclass 100/801)

This stage of the application allows the applicant to apply for permanent residence.  In order to complete a valid application, the applicant will need to provide:

• evidence that the relationship is continuing and genuine, including statements from both the applicant and their spouse or de facto partner, along with declarations from two people who know the couple well and can support their claim to be in a continuing and genuine relationship;
• an Australian police clearance (if the applicant has lived in Australia for more than one year).

The applicant and their spouse/de facto partner may also be asked to attend an interview with DIAC at this stage.