Australia Visas – Partner, Spouse, Fiancé (Prospective Marriage)

The Australian visa system currently offers couples – both heterosexual and same sex – equal access to all relationship based visas.

There are three visa options and four pathways as the Subclass 309 has two streams, for keeping in or bringing your loved one to Australia.

Share Criteria

What you can do with this visa

Allows the partner, fiancé or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia permanently once all criterion are met.

Eligibility (Applicant)

  • Meet relationship requirements
  • Have an eligible sponsor
  • The applicants must be 18 or older when they apply
  • Meet health and character requirements
  • Best interests of the child where applicable
  • Have no debt to the Australian government

Eligibility (Sponsor)

  • Must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
  • Must be 18 or older (unless exceptional circumstances exist)
  • Provide information on relevant offences and criminal record
  • Limitations on sponsorship – for those with significant criminal convictions or having already sponsored two previous partners unless exemptions apply
  • Measures for the protection of children

Relationship Requirements

  • All Partner/Spouse and Fiancé visa options share one core requirement: the visa applicant and sponsor must be able to prove they have a genuine relationship – even when married.
  • Registered relationships are also possible in more states and territories than not but registering a relationship does not diminish the need to provide proof of a genuine ongoing spousal or de facto relationship.
  • The Relationship diagram above sets out the overarching criteria upon which all relationship-based visa applications, whether for the Subclass 820/801, 309/100 or 300 Visa, are measured and assessed.
  • Under each criterion you’re required to provide evidence to prove that you and your partner, spouse or fiancé have a genuine, ongoing and exclusive relationship.
  • The Department of Home Affairs has set out various types of evidence that can be used to prove a relationship between you and your loved one. What this evidence doesn’t account for is that every relationship is unique and lived under different circumstances.
  • In some cases, your relationship may be bound by some form of restriction – be it political, legal or cultural. This is when you need to know what your best options are and how to provide feasible alternative evidence of your genuine relationship.
  • Finally, all Australian relationship visas require the sponsor and the applicant to have physically met.

Partner Visa (Onshore) SC820 & SC801

There are two stages SC820- Partner Visa (Temporary) and SC801- Partner Visa (Permanent).

You can apply for the temporary and the permanent partner visas together.

  • ​​​​​​​​​​​​​​This is a temporary visa, while the Department process your permanent Partner visa SC 801 application.
  • You must be in Australia when you apply. Family who apply with you must also be in Australia.
  • travel to and from Australia as many times as you want

Partner Visa (Offshore) SC309 & SC100

There are two stages SC309- Partner Visa (Provisional) and SC100- Partner Visa (Migrant).

You can apply for the temporary and the permanent partner visas together.

  • ​​​​​​​​​​​​​​This is a temporary visa, while the Department process your permanent Partner (Migrant) visa SC100
  • be outside Australia when you apply for this visa
  • travel to and from Australia as many times as you want

Prospective Marriage visa SC300

  • stay in Australia for between 9 and 15 months from date of grant of visa
  • work in Australia
  • study in Australia at your own expense

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