While there are three main subclasses of partner visas, they can be broadly categorized into two types: the Prospective Marriage visa and the Partner visa. The choice between these two depends on the nature of your relationship.

Here are the different types of relationships and the corresponding visas:

• Planning to get married (fiance(e)): Prospective Marriage visa
• Already married (de jure) relationship: Partner visa
• De facto partner relationship (including same-sex relationships): Partner visa.

The Partner Visa has two types: temporary and permanent. At first, if you meet the requirements, you’ll get a temporary visa. Later, if you still meet the criteria, you can get a permanent visa. This can happen after a waiting period or even sooner if you have a long-lasting relationship or children together.

If you’re engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen, you can come to Australia temporarily.
But, keep in mind, being a partner or fiance(e) doesn’t automatically make you a permanent resident. To live in Australia permanently, you must apply for a permanent visa and meet all the legal requirements for it.

If you’re already in Australia, you can apply for the Partner Temporary Visa (Subclass 820) and the Permanent Visa (Subclass 801). This allows you to live in Australia with your partner, who should be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. If your relationship is real and continues for two years after applying for the temporary visa, you can get a permanent visa.

If you’re outside Australia, you can apply for the Partner Temporary Visa (Subclass 309) and the Permanent Visa (Subclass 100). This visa lets you come to Australia and stay with your partner, who should also be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. If your relationship is continuous and genuine for two years after applying for the temporary visa, you can be granted a permanent visa.

The Prospective Marriage Visa (Subclass 300) is for people who plan to come to Australia before getting married. To apply for this visa, your fiancé must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. After you get married, you can then apply for a Partner visa to stay in Australia permanently.

To be eligible for this visa, you need to meet these general requirements:

• You must have a sponsor who can be your fiancé(e), partner, or in some cases, your partner’s parent or guardian. This sponsor should be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, and they must meet the legal sponsorship requirements.
• You also need to meet health and character criteria.
• If you have dependent children or other family members who rely on you, they can apply along with you as long as they meet specific requirements.

The Partner visa can also be an option for individuals who have had their previous visa applications rejected or canceled since their last visit to Australia. This rejection or cancellation is governed by section 48 of the Migration Act 1958. Therefore, if you’re in Australia and your visa has been refused or canceled, you can’t apply for most types of visas, except for specific ones like a Protection visa or a Bridging visa.

Contact us now to explore various partner visa options for Australia and discover how we can assist you!