Frequently Asked Questions
Do I need to be married to apply for a Partner visa?
No. This is a common misconception found online. You do not need to be married, but you do need to meet one of three eligibility criteria for the Partner visa. You must either be married, be in a de-facto relationship where have lived together for 12 months and more, or have your relationship registered by the state in which you live.
How does the two-stage process (temporary to permanent) work?
You first receive a temporary visa (820 or 309), which lets you live and work in Australia. After two years, the permanent stage (801 or 100) is assessed, provided your relationship is ongoing and genuine. This stage requires another application and updated evidence of your ongoing relationship.
What exactly is an ‘eligible New Zealand citizen’?
An eligible New Zealand citizen is a New Zealand citizen considered a protected Special Category visa (SCV) holder under the Social Security Act 1991. You are a protected SCV holder if you:
- Were in Australia on 26 February 2001 holding an SCV, or
- Spent at least 365 days in Australia between 26 February 1999 and 25 February 2001 and returned after 26 February 2001, or
- Have confirmation from Centrelink that you meet the protected SCV criteria under the legislation.
What does the Department mean by a “genuine and continuing relationship”?
The relationship must be genuine (not entered into for visa purposes) and continuing (ongoing commitment to a shared life). Evidence is assessed across financial, social, household, and commitment factors aspects.
Do we need to live together to apply?
Generally yes, but temporary separations are accepted if explained (e.g., work, study, cultural reasons). You must usually show cohabitation or strong reasons for not living together.
I am in a same sex relationship. Can I still apply for the Partner visa?
Yes. Despite what you may read online, same sex couple applying for a Partner visa is no different to heterosexual couples. Partner visas are long and can be challenging, the same applies to all couples. Australia embraced and lawfully declared marriage equality on 9 December 2017, allowing same sex couples to apply for the Partner visa as a married couple. Do not be discouraged reading online that the Partner visa is more complex or challenging for same sex couples – this is simply not true.
What happens if my relationship breaks down after I’ve lodged the application?
If the relationship ends before the visa is granted, you may risk visa refusal or cancellation. Limited exceptions may apply, such as family violence provisions and/or if there is a child of the relationship for whom you share custody.
What is the family violence provision in partner visas?
If the relationship ends due to family violence, the applicant may still be granted a permanent visa if they can provide sufficient evidence of the family violence, please book a consultation for advice.
Can I include children in my Partner visa application?
Yes. Dependent children can be added to your application or included later.
How long are processing times for Partner visas?
Processing times vary but are generally lengthy (often between 12–24 months). Onshore partner visas sometimes allow applicants to remain in Australia on a bridging visa while awaiting a decision.
What is a Bridging Visa and do I get one with a Partner visa application?
If applying onshore (subclass 820/801), you are granted a Bridging Visa A after your current visa expires, allowing you to stay lawfully in Australia while your application is processed. If you do not hold a substantive visa at time of application, your visa status and history will determine which Bridging visa you may receive.
Do I need to meet health and character requirements?
Yes. You and any included family members must meet health and character requirements. Police checks from each country you’ve lived in for 12 months or more, and medical examinations are required.
Are there English language requirements for Partner visas?
There is no formal English requirement for the visa at this current time. In October 2020, the Morrison Government released English requirements for sponsors and partner visa applicants would be required in late 2021. To date, these policies have not been implemented.
Can my sponsor withdraw their sponsorship after lodgement?
Yes. If the sponsor withdraws their support, the application cannot proceed unless certain exceptions apply.
How does sponsorship approval work?
Sponsors must be approved before the visa can be granted. This includes character checks, previous sponsorship history, and whether they have sponsored multiple partners in the past (which may trigger restrictions).
What are the sponsorship limitations for repeat sponsorship?
A person can only sponsor two partners in their lifetime and must wait at least five years between sponsorships. Within the boundaries of limited exceptions, this limitation may be waived. Please book a consultation for advice.
Can I travel overseas while waiting for my Partner visa?
If you hold a substantive visa, yes you can travel with no limitations. If you hold a Bridging visa A, you must first apply for a Bridging visa B and wait for it to be approved before you depart Australia.
When can I apply for Medicare?
Upon lodging your subclass 820/801 visa, you are issued an acknowledgement notice and Bridging visa (if applicable). These serve as proof of having applied for permanent residency, which Medicare will need for your enrolment. You can apply for Medicare once you have these documents, you do not need to wait for permanent residency to be granted. We can assist you with this process.
What happens if I was unlawful in Australia before applying?
Certain Partner visa applicants who were unlawful or on a bridging visa may still apply if Schedule 3 criteria are met, but these requirements are strict and require compelling circumstances. These applications are complex and require the support of a legal submission, please book a consultation for advice.
When do I become eligible for Australian citizenship after a Partner visa?
Permanent Partner visa holders may apply for citizenship once they meet residency requirements—typically four years of lawful residence, including at least one year as a permanent resident.
