Bringing your partner to Australia is a significant step. With an Australian Partner Visa, Australian citizens, permanent residents, and eligible New Zealand citizens can sponsor their spouse or de facto partner to live in Australia.
However, the application process can take a long time, requires a lot of paperwork, and can be expensive.
If you’re applying from Queensland, understanding the legal requirements, eligibility criteria, and processing times is crucial. This comprehensive guide explains everything you need to know to submit a strong partner visa application to ensure you successfully bring your loved one with you to Australia.
What Is an Australian Partner Visa?
The Australian Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live, work, and study in Australia. This visa is available to both married and de facto couples.
For de facto partners, proving a genuine relationship is critical. Typically, you must show at least 12 months of living together.
In Queensland, couples can register their relationship with the Queensland Registry of Births, Deaths & Marriages. A registered relationship may bypass the 12-month cohabitation requirement, making the visa application process easier.
Types of Partner Visas in Queensland
1. Onshore Partner Visa (Subclass 820/801)
- Apply while in Australia (including from Queensland).
- Grants a temporary visa (Subclass 820) first.
- After two years, applicants may qualify for a permanent visa (Subclass 801).
Queensland-specific note: If you hold a Bridging Visa while waiting for your Partner Visa grant, you may have work rights, depending on your visa conditions.
2. Offshore Partner Visa (Subclass 309/100)
- Apply from outside Australia.
- Grants a temporary visa (Subclass 309) first.
- Leads to permanent residency (Subclass 100) after two years.
Queensland-specific note: If your partner is offshore, they cannot enter Australia until their temporary visa is granted unless they apply for a Visitor Visa in the meantime.
3. Prospective Marriage Visa (Subclass 300)
- For engaged couples.
- Allows entry to Australia to get married.
- Once married, applicants must apply for an Onshore Partner Visa (Subclass 820/801).
Why Choosing the Right Visa Type Matters in Queensland
Choosing the correct visa type is crucial to avoid unnecessary delays and complications. Certain factors—such as whether your relationship is registered in Queensland, your current visa status, and whether your partner is inside or outside Australia—will impact your application process.
Consulting a Queensland-based family lawyer ensures you choose the right visa pathway and comply with state-specific legal requirements.
Australian Partner Visa Eligibility Criteria
To apply for a Partner Visa, you must meet several eligibility requirements:
Who Can Apply?
- You must be married or in a genuine, committed relationship.
- De facto couples must prove they have lived together for at least 12 months unless they have registered their relationship in Queensland.
Sponsorship Requirements
- The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
- The sponsor must meet financial responsibility and character requirements.
Evidence Requirements
- Financial aspects: Joint bank accounts, joint mortgage, or shared financial commitments.
- Social aspects: Statements from friends, family, travel history, and photos together.
- Nature of commitment: Text messages, emails, and statutory declarations.
- Household aspects: Utility bills, shared lease, and daily life activities.
Step-by-Step Guide to Applying for an Australian Partner Visa in Queensland
Applying for an Australian Partner Visa can be overwhelming, especially with the strict eligibility criteria, extensive evidence requirements, and long processing times.
If you’re applying from Queensland, it’s essential to understand both federal immigration laws and state-specific considerations, such as relationship registration and legal requirements for de facto partners. Below is a detailed step-by-step guide to help you navigate the process smoothly.
Step 1: Check Your Eligibility
Before starting your application, ensure you meet the eligibility criteria set by the Department of Home Affairs:
- You must be in a genuine and committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- If applying as a de facto partner, you must have lived together for at least 12 months—unless your relationship is registered in Queensland through Births, Deaths & Marriages Queensland.
- You and your sponsor must meet health and character requirements.
- Your sponsor must be eligible (some sponsors with past sponsorship history may face restrictions).
Step 2: Gather Required Documents
The success of your application depends on providing strong supporting evidence. Below are the key documents you’ll need:
1. Identity and Personal Documents
- Applicant & Sponsor: Passport, birth certificate, and national ID.
- Proof of Australian residency or citizenship (for the sponsor).
2. Relationship Evidence
You need to prove your relationship is genuine using four key aspects:
- Financial aspects:
- Joint bank accounts (showing shared expenses).
- Joint mortgage or lease agreement.
- Utility bills with both names.
- Social aspects:
- Statements from friends and family confirming your relationship.
- Photos together over time, including with family.
- Travel history, joint invitations, and event tickets.
- Nature of commitment:
- Statutory declarations from both partners about the relationship.
- Emails, messages, and call logs showing regular communication.
- Beneficiary nomination in wills or superannuation.
- Household aspects:
- Shared household responsibilities (grocery receipts, joint bills).
- Correspondence addressed to the same home.
3. Health and Character Documents
- Health assessment from an approved panel physician.
- Police clearance certificates from Australia and any country you’ve lived in for 12+ months in the past 10 years.
💡 Queensland-specific tip: If your relationship is not yet registered, you can do so through Births, Deaths & Marriages Queensland, which may strengthen your application.
Step 3: Lodge Your Visa Application Online
Once you’ve gathered all required documents, submit your online application via ImmiAccount:
- Create an ImmiAccount on the Department of Home Affairs website.
- Fill out the Partner Visa application form (Subclass 820/801 or 309/100).
- Upload all supporting documents.
- Pay the visa application charge (over AUD 8,000 as of 2024).
💡 Tip: Upload all tons of evidence at the time of lodgment to avoid processing delays.
Step 4: Attend Biometrics and Medical Examination
After lodging your application, the Department of Home Affairs may request:
- Biometric data (fingerprints and photo) from an authorised collection centre.
- A medical examination by an approved Bupa Medical Visa Services clinic in Queensland.
💡 Queensland-specific tip: Bupa clinics in Brisbane, Gold Coast, and other major cities conduct health checks for visa applicants.
Step 5: Wait for Processing and Updates
The processing time varies depending on factors such as the completeness of your application and current case load.
Estimated Processing Times:
- Subclass 820 (Onshore Temporary Partner Visa): 18-24 months
- Subclass 309 (Offshore Temporary Partner Visa): 12-18 months
- Permanent Partner Visa (Subclass 801/100): At least two years after the temporary visa is granted
💡 Important Note: If your current substantive visa expires while waiting for a decision, you may receive a Bridging Visa A (BVA), allowing you to stay in Australia.
Step 6: Temporary Visa Grant and Pathway to Permanent Residency
Once approved, you will be granted a Temporary Partner Visa (Subclass 820 or 309), which allows you to:
- Live and work in Australia.
- Access Medicare (Australia’s public healthcare system).
- Travel in and out of Australia (for Subclass 820 holders with a valid Bridging Visa B).
After two years, you can apply for the Permanent Partner Visa (Subclass 801 or 100) if your relationship remains genuine and ongoing.
💡 Queensland-specific tip: If you and your partner separate before your permanent visa grant, you may still be eligible under special circumstances, such as family violence provisions.
How Family Lawyers Help with the Partner Visa Process
Applying for an Australian Partner Visa can be complex, especially when it comes to gathering relationship evidence, meeting legal requirements, and navigating potential complications.
A Queensland-based family lawyer can provide expert guidance to strengthen your application and avoid costly mistakes.
A family lawyer can help you:
- Draft detailed statements from friends and family to support your application.
- Gather and organise evidence to meet the strict visa requirements.
- Advise on changes in your relationship status during the application process.
- Handle visa refusals and appeals, ensuring your rights are protected.
If you’re facing challenges with your partner visa application, don’t navigate the process alone. VM Family Law in Queensland provides expert legal support to help you secure your visa successfully. Call 07 3447 8966 to book a consultation today.
Frequently Asked Questions (FAQs)
What are the requirements for a Partner Visa in Australia?
To qualify for a Partner Visa, you must be in a genuine, ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. You’ll need to provide bank account statements, a marriage certificate (if applicable), police certificates, personal particulars, and other additional evidence to prove your mutual commitment.
How much money do you need for an Australian Partner Visa?
The application fee for an Australian Partner Visa is over AUD 8,000 for most applicants. However, you should also budget for health examinations, police certificates, document translations, and legal assistance from registered migration agents to ensure a successful application.
What is the difference between Visa 820 and 309?
The Subclass 820 visa is an onshore temporary visa for applicants already in Australia at the time of application, while the Subclass 309 visa is an offshore temporary visa for those applying from outside Australia. Both visas lead to a permanent partner visa (Subclass 801 or 100) after a specific period of time, provided you continue to meet the partner visa process requirements.
How long does a Partner Visa last in Australia?
The temporary Partner Visa (Subclass 820 or 309) allows you to stay in Australia until a decision is made on your permanent Partner Visa (Subclass 801 or 100), which is usually after two years. Once granted, the permanent visa allows you to remain in Australia indefinitely and may lead to Australian citizenship.
Can I apply for a Partner Visa while on a Tourist Visa?
Yes, you can apply for a Partner Visa while holding a Tourist Visa, but you must be in Australia at the time of application for an onshore visa (Subclass 820/801). If your tourist visa has a “No Further Stay” condition, you will need to leave Australia and apply for the offshore visa (Subclass 309/100) instead.
What documents do I need to provide for a Partner Visa?
You must submit bank statements, police certificates, statutory declaration templates, health examination results, and relationship evidence such as joint lease agreements, household bills, and statements from fellow immigrants or a supportive community. Uploading evidence properly and providing a complete guide to your long-term relationship will strengthen your case.
Should I use a Migration Agent or Family Lawyer for my Partner Visa?
While you can apply independently, working with a migration agent or family lawyer increases your chances of a successful application by ensuring all initial application documents are correct.
Registered migration agents and family lawyers help navigate complex personal circumstances, handle appeals, and ensure you provide the right additional evidence for a strong partner visa process.
Final Thoughts
Applying for an Australian Partner Visa is a detailed process that requires careful preparation and strong supporting evidence. Ensuring your relationship evidence, financial documents, and statutory declarations are accurate and complete will give you the best chance of a successful application.
If you need guidance with your partner visa process, legal paperwork, or an appeal, speaking with a family lawyer can make a significant difference. VM Family Law is here to help Queensland couples with expert advice and personalised support. Call 07 3447 8966 or visit VM Family Law to book a consultation today.
