Partner Visa application process in Australia: all you need to know

Applying for any visa in Australia is a process that involves time and money. You need to consider which visa is most suitable for you and check if you are eligible. You should also think about whether you are inside or outside of Australia, the costs involved, and the processing time. For this reason, you must be 100% sure that you want to go ahead with the application and you are willing to fill out forms, gather evidence, and upload documents to the system.

This article has been designed for all those who want to apply for the Partner Visa, where one member of the couple is an Australian citizen or permanent resident, and the other is a foreigner and both are inside Australia at the time of application.

It should be clarified that this post is based on my personal experience and does not replace consultation with a lawyer or migration agent. Also, be aware that regulations in Australia change frequently, and some forms or costs may have changed.

Let's begin!

What is a Partner Visa? 

If you're not Australian citizen but are in a serious relationship (a de facto relationship or engaged) with an Australian permanent resident or citizen, or a New Zealand citizen, then there is the possibility that you can stay and live in Australia with this person under a Partner Visa.

In other words, it’s like your partner is your sponsor in Australia, and after applying, you’ll receive permanent residence status almost two years later (this is the estimated visa processing time) - then, if you wish, you can apply for citizenship. There are certain requirements you must meet and conditions you need to maintain in order to be granted permanent residency at the end of the process.

This may sound obvious, but the sponsor (your partner) must be the same for the entire two-year process. Note that the government must approve the sponsor before proceeding with the assessment of your case.

What is “de facto”? 

"De facto" is a Latin term meaning that the couple cohabitates and maintains a stable relationship as if they were married but without having gone through the legal process of marriage.

In Australia, a de facto relationship legally refers to two people who have been living together as a couple for 2 years (or having a child together), but aren't married. De facto couples have similar legal rights to married couples regarding property, finances, and family law matters.

Who can apply for the Partner Visa? 

Genuine couples, whether married or in a de facto relationship, of the same sex or opposite sex, where one member is an Australian citizen or permanent resident, or an eligible New Zealand citizen, and the other is foreign.

The term "genuine" refers to the fact that the couple is in a real relationship and not one created for any type of interest. Both members of the relationship must apply for the visa, including you and your sponsor (your partner).

Types of Partner Visas 

There are two types of Partner Visas:

• For those in Australia: Subclass 820 (temporary visa) and Subclass 801 (permanent visa, granted after approval of the Subclass 820 visa).

• For those outside Australia: Subclass 309 (temporary visa) and Subclass 100 (permanent visa, granted after approval of the Subclass 309 visa).

Conditions for the Partner Visa 

Conditions for both:

• Be over 18 years old and not related.

• Must have a genuine relationship.

• Must have lived together for at least one year at the time of application.

• Both must be eligible to marry. Not married, nor registered in another relationship.

• Must show commitment to spend the rest of your lives together.

• No criminal record.

• Provide the complete travel history of your life.

• Register the relationship (I will elaborate on this later).

What documents do I need for the application?

You must gather personal declarations, third-party statements, support letters from the applicant’s parents, documents that serve as evidence of the relationship, personal documents from the sponsor, and personal documents from the applicant.

All documents must be authenticated, meaning that an Australian official must verify that the documents presented are true copies of the originals. This service is commonly available for visa procedures or document legalization. The easiest way is to go to Chemist Warehouse (yes, you read that right, to a pharmacy), where a pharmacist checks and certifies (with a signature and seal) that the copies match the originals. This can include documents like passports, birth certificates, or any other legal documents. It's important to ensure that you bring the originals along with the copies you want to authenticate.

As an applicant, all documents must be translated into English, preferably by a certified translator.

Registering the Relationship 

In most states of Australia (Victoria (VIC), New South Wales (NSW), Queensland (QLD), Tasmania (TA), South Australia (SA), and the Australian Capital Territory (ACT)), it is required to first register the relationship with a regulatory body as a prerequisite for applying for the Partner Visa, and both must participate in the registration. In the states of Northern Territory (NT) and Western Australia (WA), relationship registration is not required for applying for the Partner Visa.

Currently in Victoria the process of registering a relationship can take up to 4 weeks and starts counting from the moment they receive all your documents and could be done online.

You both need to send the identity documents verified, fill up the forms, proof that you live in Victoria and attach the statutory declaration saying that you are eligible for registering the relationship. Only the application fee for 2024 is $251.50 AUD then you need to pay the certificate which is another $55.80 AUD.

Documents of the Sponsor 

Passport, birth certificate, last three pay slips at the time of application, tax returns for the last two years, Medicare card, driver's license, pension fund statement (showing the applicant as the beneficiary), a color photo, personal bank statements for the last three months prior to application, international criminal background check if the sponsor has lived outside Australia for more than 12 months.

Documents of the Applicant 

Passport, colour photograph, birth certificate in Spanish with the respective English translation, pension fund statement (showing the sponsor as the beneficiary), a criminal background check from your country with the respective English translation.

Declarations from both the Applicant and Sponsor (along with supporting documents) 

The immigration department responsible for setting the conditions of this visa has decided that the evidence should be based on five aspects to evaluate your case and issue a response: financial, social, nature of commitment, nature of the household, and the relationship itself. 

This information should be compiled in a written declaration (for each aspect, it is recommended to write two or three paragraphs), and you must also upload the documents in high resolution and full color, saving them in PDF format.

The purpose of this is that your statements match and you have convincing evidence of your case. This doesn’t mean you are agreeing to invent things, but it will help ensure your application is solid, saving time and avoiding corrections later.

Nature of the Household 

You need to attach the lease agreement, bond, and receipts for payments made in both names.

Mention in the statement whether you live alone or with a roommate. Mention how you divide household chores, who cleans which areas, who does the grocery shopping, and how you split the household bills.

Financial Aspect

Here, attach bank statements and proof that you have joint bank accounts.

Mention that you have a joint account, in which bank, and what services you pay from there. Emphasize that you share finances and explain where the money comes from to pay the bills. Mention if you have savings accounts, if you're saving for something specific, or if you share ownership of a car.

Social Aspect 

Attach photos of both of you with other people (friends, family), event tickets (Australian Open, museums, theater, movies), travel tickets, concert tickets, exchanged emails—absolutely all available evidence.

In the statement, mention the trips you’ve taken, where you went and for how long, whether you go out with friends when together, if you know each other’s friends, if you have routines together, if you practice any sports or are members of any clubs. Also, include if you know your partner's parents? Try to put dates on all of this.

Relationship Aspect 

In the statement, mention how you support each other emotionally, describe situations where you have been emotionally supportive of your partner, and vice versa. Reflect on what you like most about your partner, in what ways you’re alike and different. If there are any special moments you’ve shared and captured in your memories, mention them.

Nature of the Commitment 

Mention if you have a will or life insurance with each other as beneficiaries. Also, write about the medium- and long-term plans you have together, such as buying a house, traveling, or possibly having children.

Supporting Declarations from Third Parties 

This is the Form 888, called "Supporting Statement in relation to a Partner or Prospective Marriage visa application." You need to upload at least five declarations completed by people who know both of you, who are Australian citizens. They must write about how long they've known you both, how long you've been together, and if they believe your relationship is genuine and lasting.

It may seem like a lot of information to provide, but the more proof and evidence you present, the stronger your case will be. Once you apply, your case will be assigned to a “case officer,” who may request additional information or evidence during the process if it is necessary.

How is the application process?

Prepare the documents: Organise all the necessary documents that prove the authenticity of the relationship I mentioned earlier.

Complete the Form: Fill out the corresponding form for the subclass you are applying for (820/801 or 309/100).

Once you are in the platform:

• Log into your ImmiAccount (if you don’t have one, you must create one to complete this process).

• Select "New Application"

• Select "Family"

• Select "Stage 1- Partner or Prospective Marriage Visa"

• Complete your application

• Pay the application fee

• Upload your application

• Take note of the transaction reference number (Transaction Reference Number) and provide it to your sponsor because they will need it to apply to be your sponsor. Prior to this, the sponsor should have completed the 40SP form and attached it.

• Attach the supporting documents to complete your application.

What happens after applying for the partner visa?

• Your status changes because you will enter a temporary visa known as Bridging Visa A (BVA).

• In most cases, with this new visa, you can work full-time and enroll in Australia’s public health plan, Medicare.

• You can travel, leave, and re-enter Australia.

• You can also join the free English program called the Adult Migrant English Program.

What are the stages of the partner visa?

Processing time

Processing times can vary, but it is generally estimated to take between 10 and 14 months for the temporary 820 visa and up to 33 months for the permanent 801 visa.

Bridging Visa A

As soon as you apply for the partner visa, the system automatically grants you a Bridging Visa A (BVA). In Australia, a bridging visa means a visa that keeps you in the country, with your current conditions (or even better conditions) during the time it takes for them to respond.
If you have applied for a partner visa, even while on a bridging visa, you can have a Medicare card and be entitled to work full-time.

Visa 820

You should be aware that this is only the first stage of your application. Why? Because it is such a long process, you will need to prove that you are still in a relationship and update your relationship details throughout the process. 

When it gets closer to the end of the process, and if your 820 visa is approved, you will need to undergo medical exams requested by the Australian government.

Visa 801

When you receive this one you are a permanent resident and you have all the rights of any other Australian resident. However, If your relationship ends during these two years, you must notify immigration, explain the reasons, and they will evaluate your case. They will then tell you what you need to do. If you must leave the country, they will give you a 28-day deadline. In some cases, if the relationship ends due to some type of aggression (physical or verbal) by the sponsor, the government will study this and may grant you permanent residency in Australia.

Do I need a lawyer, or can I do it myself?

You can do it yourself, but it is a complex process that requires a lot of reading and understanding of Australian government documents. If you want to start by researching the partner visa, you can do so on the government’s Department of Home Affairs website. When dealing with applications with the Australian government, it is better to have everything well-organised and follow the instructions to the letter, otherwise, the application could be denied.

If you have doubts, are unsure about the timelines, or have a special case and don’t feel confident doing it yourself, you may consider hiring someone to assist you. There are registered lawyers or migration agents who can help with the process for a fee.

What are the implications of applying for a partner visa?

• Both parties must be sure they want to apply for this visa together.

• It’s a big responsibility for both. There are implications for both you and the sponsor. If it is not a genuine relationship, the Australian person could face legal charges, and you may be asked to leave the country.

• After applying for the partner visa with you, the sponsor cannot apply again with another foreign person.

How much does the partner visa cost?

The application for the visa alone costs $9095 AUD (fee for 2024). If you hire a lawyer, you must add the lawyer’s fees on top of the application cost.

How can I check the status of my application?

You can log into the government’s VEVO website, which shows the status of your application. However, it does not provide exact timelines, nor does it guarantee that your process will be finalized within a certain period.

Can I leave the country with the Bridging Visa A (BVA)?

The Bridging Visa A Subclass 010 restricts leaving Australia. If you plan to leave the country (for family or work reasons), you must apply for a Bridging Visa B (BVB), Subclass 020.

The BVB is a temporary visa that will allow you to enter and exit the country for the period you request. You must be clear when applying; for example, if you have a trip outside of Australia in February and another in May, it’s better to apply for a 6-month period, otherwise, you’ll need to apply for another BVB.

To apply for this visa, you must be in Australia and wait for it to be granted before leaving the country. The recommendation is to apply for the BVB at least three months in advance, not less than two weeks before your trip. The other requirement is that you must return to Australia before the visa expires, otherwise, you will not be able to re-enter the country. Finally, the cost of this visa is $185 AUD.

What happens if my partner visa is not approved?

There are several reasons why your visa may not be approved. For example, it’s possible that the evidence you submitted was insufficient for the case officer or incomplete. Another possibility is that you don’t meet the requirements to be eligible for this type of visa.

Alternatively, you can apply for an appeal with the Administrative Appeals Tribunal (AAT). Generally, this is done within a certain period (21 days), and if the case is not resolved, the applicant will be given a deadline to leave the country.

To finalise

The partner visa application process in Australia is a whole journey that you need to navigate with your partner. 

It requires careful planning, organisation, and patience because it is a small process. As you could see It involves gathering and submitting substantial documentation to prove the authenticity of your relationship, completing the necessary forms, and following the prescribed steps outlined by the Department of Home Affairs. 

Although the application process can be complex, at the end you will have the rights and benefits of this visa and the possibility to be a permanent resident of Australia.