Family Visas (Subclass 820/801/309/100)
Who Is It For?
Allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.
Basic Eligibility
In most circumstances, you must be the spouse (married) or de facto partner of an:
- Australian citizen.
- Australian permanent resident.
- Eligible New Zealand citizen.
Select from one of the following streams:
Partner Visa (Temporary) (Subclass 820)
This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 801). You must:
- Be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, permanent resident or eligible New Zealand citizen.
- Have your spouse or de facto partner sponsor you.
- Be in Australia when you apply for this visa and when a decision is made on your temporary visa application. Family who apply with you must also be in Australia.
With This Visa You Can
- Stay in Australia.
- Work in Australia.
- Study in Australia.
- Travel to and from Australia as many times as you want.
- Attend free English language classes provided by the Adult Migration English Program if you are eligible.
- Apply for access to Australia’s public health care scheme, Medicare.
Overview
You can stay in Australia until your permanent Partner visa (subclass 801) application is finalised or you withdraw your application.
Costs for this application differ depending on your circumstances and which visa you hold. The costs below cover this Temporary visa and the Permanent Partner visa (subclass 801).
- Most applicants: AUD 8,085.00 for the main applicant.
- Prospective Marriage visa (subclass 300) holders: AUD 1,350.00 for the main applicant.
- If you previously held a Prospective Marriage visa but didn’t apply for the subclass 820 and 801 visas before that visa expired: AUD 1,710.00 for the main applicant.
There is also a fee for each family member that applies for the visa with you. You might also have to pay for:
- Health checks
- Police certificates
- Biometrics
You must be in Australia when you apply for this visa and a decision is made on your temporary visa application. Family who apply with you must also be in Australia.
- 25% of applications: 4 months
- 50% of applications: 8 months
- 75% of applications: 17 months
- 90% of applications: 37 months
- You might not be eligible for this visa if you have had a visa cancelled or refused while you were in Australia.
- You might not be eligible to apply if you are the holder of certain regional visas.
- If you are the holder of or your last substantive visa was a:
- Skilled – Independent Regional (Provisional) (Class UX) visa.
- Subclass 475 (Skilled – Regional Sponsored) visa.
- Subclass 487 (Skilled – Regional Sponsored) visa.
- Skilled Regional Sponsored (Provisional ) (Class SP) visa.
- You must have held that visa for at least two years before you can apply.
- If you are the holder of or your last substantive visa was a:
- Subclass 491 (Skilled Work Regional (Provisional)) visa.
- Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.
- You must have held that visa for at least three years before you can apply.
- If you are the holder of or your last substantive visa was a:
- You must be in Australia when you apply and when a decision is made on your temporary visa application. Family who apply with you must also be in Australia.
- You and anyone who applies for the visa with you must have a sponsor when you lodge your application and when you are on this visa.
- You cannot change your sponsor. The person who sponsors you when you apply for the visa must be same person who sponsors you for 2 years after we grant your temporary Partner visa (subclass 820).
- Married applicants must usually, be 18 or older when they apply. This is because usually, you must be 18 or older to be married under Australian law.
- Applicants in de facto relationships must be 18 or older when they apply.
- You must be the spouse or de facto partner of an:
- Australian citizen.
- Australian permanent resident or
- Eligible New Zealand citizen.
- You must meet the health requirement.
- You must meet the character requirement.
- If you or any family members owe the Australian government money, you or they must have paid it back or arranged to pay it back.
- This visa may not be granted if it is not in the best interests of an applicant under 18.
There are no conditions attached to this visa.
Partner Visa (Permanent) (Subclass 801)
This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia permanently. It is usually only for people who currently hold a temporary Partner visa (subclass 820). You must:
- Hold a temporary Partner visa (subclass 820) or Dependent Child visa (subclass 445).
- In most cases, continue to be in a genuine and ongoing relationship with your sponsor.
With This Visa You Can
- Stay in Australia as a permanent resident.
- Work in Australia.
- Study in Australia.
- Have access to Australia’s public healthcare scheme, Medicare.
- Sponsor your family members to come to Australia.
- Travel to and from Australia.
- If eligible, attend free English language classes provided by the Adult Migrant English Program.
- If eligible, apply for Australian citizenship.
Overview
This is a permanent visa. You become a permanent resident on the day this visa is granted.
You paid for this visa when you applied for the combined temporary and permanent partner visas. You might also have to pay for:
- Health checks
- Police certificates
- Biometrics
The applicant can be in or outside Australia but not in immigration clearance at the time the visa is granted.
- 25% of applications: 7 months
- 50% of applications: 13 months
- 75% of applications: 14 months
- 90% of applications: 23 months
- You must hold:
- Partner visa (subclass 820) or
- Dependent Child (subclass 445) visa.
- 2 years must have passed since you applied for the combined 820 and 801 visa for you to be assessed for the permanent visa.
- You must continue to be the spouse or de facto partner of the same person who sponsored you for the temporary Partner visa.
- You might still be eligible for the permanent visa if your relationship breaks down or your partner dies before we grant the permanent visa. For more information see: Your relationship has changed.
- If you or any family members (including those who don’t apply for the visa with you) owe the Australian government money, you or they must have paid it back or have an approved arrangement in place to pay it back.
- This visa might not be granted if it is not in the best interests of an applicant under 18.
There are no conditions attached to this visa.
Partner (Provisional) Visa (Subclass 309)
This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 100). You must:
- Be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, permanent resident or eligible New Zealand citizen.
- Have your spouse or de facto partner sponsor you.
- Be outside Australia when you apply for this visa. Family who apply with you must also be outside Australia.
With This Visa You Can
- Stay in Australia.
- Work in Australia.
- Study in Australia.
- Travel to and from Australia as many times as you want.
- Attend free English language classes provided by the Adult Migrant English Program if you are eligible.
- Apply for access to Australia’s public healthcare scheme, Medicare.
Overview
You can stay in Australia until your permanent Partner visa (subclass 100) application is finalised or you withdraw your application.
The costs below cover this Temporary visa and the Permanent Partner visa (subclass 100). AUD8,085.00 for the main applicant. There is also a fee for each family member who applies for the visa with you. You might also have to pay for:
- Health checks
- Police certificates
- Biometrics
You and any family members or dependent child applying with you must be outside of Australia when you apply for this visa.
- 25% of applications: 6 months
- 50% of applications: 11 months
- 75% of applications: 16 months
- 90% of applications: 32 months
- You might not be eligible for this visa if you have had a visa cancelled or refused while you were in Australia.
Usually you must be outside Australia when you apply and when a decision is made on your temporary visa application. Family who apply with you must also be outside Australia.
You must have a sponsor when you lodge your application and when you are on this visa.
- You can’t change your sponsor. The person who sponsors you when you apply for the visa must be same person who sponsors you for 2 years after we grant your temporary 309 Partner visa.
- Married applicants must usually, be 18 or older when they apply. This is because usually, you must be 18 or older to be married under Australian law.
- Applicants in de facto relationships must be 18 or older when they apply.
- You must be the spouse or de facto partner of an:
- Australian citizen.
- Australian permanent resident or
- Eligible New Zealand citizen.
- You must meet the health requirement.
- You must meet the character requirement.
- If you or any family members owe the Australian government money, you or they must have paid it back or arranged to pay it back.
- This visa may not be granted if it is not in the best interests of an applicant under 18.
No definitive conditions.
Partner (Migrant) Visa (Subclass 100)
The visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, live in Australia permanently. It is usually granted to people who hold a temporary Partner visa (subclass 309). You must:
- Hold a temporary Partner (Provisional) visa (subclass 309) or Dependent Child visa (subclass 445).
- In most cases, continue to be in a genuine and ongoing relationship with your partner.
With This Visa You Can
- Stay in Australia as a permanent resident.
- Work in Australia.
- Study in Australia.
- Have access to Australia’s public healthcare scheme, Medicare.
- Sponsor your family members to come to Australia.
- Travel to and from Australia.
- If eligible, attend free English language classes provided by the Adult Migrant English Program.
- If eligible, apply for Australian citizenship.
Overview
This is a permanent visa. You become a permanent resident on the day the visa is granted.
You paid for this visa when you applied for the combined temporary and permanent partner visas. You might also have to pay for:
- Health checks
- Police certificates
- Biometrics
The applicant can be in or outside Australia but not in immigration clearance at the time the visa is granted.
- 25% of applications: 6 months
- 50% of applications: 13 months
- 75% of applications: 17 months
- 90% of applications: 32 months
You must hold:
- Partner (Provisional) visa (subclass 309), or
- Dependent Child (subclass 445) visa.
- 2 years must have passed since you applied for the combined 309 and 100 visa for you to be assessed for the permanent visa.
- You must continue to be the spouse or de facto partner of the same person who sponsored you for the temporary Partner visa.
- You might still be eligible for the permanent visa if your relationship breaks down or your partner dies before we grant the permanent visa. For more information see: Your relationship has changed.
- If you or any family members (including those who don’t apply for the visa with you) owe the Australian Government money, you or they must have paid it back or have an approved arrangement in place to pay it back.
- The visa might not be granted if it is not in the best interests of an applicant under 18.
No definitive conditions.
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