Partner Visa in Australia: How to Secure PR for Your Spouse
Let’s start by demystifying the process.
Why the PR Path Matters
Securing permanent residency through a partner visa isn’t just a legal formality—it’s a gateway to long-term opportunities. The benefits are vast, from being able to stay indefinitely in Australia, access Medicare (Australia’s healthcare system), sponsor family members, and, eventually, apply for citizenship.
The process has several stages, and while it can feel overwhelming, understanding the key steps can make the journey much smoother.
The 820/801 Visa: Temporary to Permanent Residency
The most common route to permanent residency for spouses is through the 820/801 visa. This is a two-stage visa that allows your spouse to initially enter and live in Australia on a temporary basis, followed by a transition to permanent residency.
Step 1: The Temporary Visa (Subclass 820)
After you apply, the first step is securing a temporary visa for your spouse. This allows them to live, work, and study in Australia while their permanent visa application is being processed. The 820 visa acts as a stepping stone to the permanent 801 visa.Step 2: The Permanent Visa (Subclass 801)
Once granted the 820 visa, your spouse is now eligible to apply for the permanent 801 visa. However, they need to wait for a two-year period before this can be processed. This waiting period allows Australian authorities to assess the legitimacy and durability of your relationship.
But why such a long process? The Department of Home Affairs ensures that applicants are in a genuine, committed relationship and not entering into partnerships solely for immigration purposes.
Eligibility Criteria: What You Need to Know
Now that you understand the structure of the visa process, let's dive into the eligibility requirements.
1. Relationship Proof
Your relationship needs to be legitimate and ongoing. Here's what you must provide:
- Marriage certificate (if married)
- De facto relationship evidence (if not married, you need to prove you’ve lived together for at least 12 months)
- Joint bank accounts, leases, and utility bills
- Photos, messages, and social media activity together
The Department of Home Affairs doesn’t just want to see legal documentation; they want proof of an emotional and financial commitment.
2. Financial and Social Aspects
You must also demonstrate:
- Shared finances: Bank statements showing joint financial commitments (such as mortgages or shared rent payments)
- Social aspects: Photos of you together in various settings, social media interactions, letters from family and friends supporting the legitimacy of your relationship
3. Health and Character Checks
Both you and your spouse will need to pass health and character checks. This includes:
- Medical examinations
- Police clearance certificates from any country your spouse has lived in for 12 months or more during the past 10 years
4. Sponsor Requirements
As the sponsor, you must be an Australian citizen or permanent resident. You will also need to pass character checks, ensuring that you do not have a history of violent offenses or previous sponsorship breaches.
Potential Challenges and How to Overcome Them
The process isn’t always smooth sailing. Applicants face delays, complications with documentation, and even potential rejections. Here’s how to avoid common pitfalls.
1. Delays in Processing
Visa applications, especially partner visas, often take longer than expected. Current estimates place the processing time between 20 to 28 months for the combined 820/801 visa.
How to handle it? Be patient and plan ahead. Keep all your documents organized, respond quickly to any requests from the immigration department, and, if necessary, consider hiring an immigration lawyer to assist.
2. Insufficient Documentation
One of the main reasons partner visa applications get delayed or rejected is insufficient documentation. Applicants often underestimate the amount of proof required.
The fix? Be thorough. Submit as much evidence as possible to prove the genuineness of your relationship. A single joint bank account may not be enough—compile comprehensive evidence from all aspects of your life together.
3. Financial Burden
The financial cost of applying for a partner visa can be substantial. The total cost is currently around AUD 8,085. While this is non-refundable, it's important to view this as an investment in your future together.
Ensure that you budget for this expense and any additional costs (like medical exams or legal advice) ahead of time.
Beyond PR: What Happens Next?
After your spouse receives their PR, life in Australia really opens up. They will have the freedom to:
- Work and live in any state or territory
- Access social security benefits after two years of holding PR
- Enroll in Medicare and access free or discounted health services
- Sponsor family members to join them in Australia
And the most exciting part? After holding permanent residency for at least four years, your spouse can apply for citizenship, provided they meet the residency and character requirements.
De Facto vs. Marriage: Which is Easier?
Both de facto relationships and marriages are treated equally in the eyes of Australian immigration. However, the evidence requirements can differ slightly. If you’re in a de facto relationship, you need to provide more comprehensive proof of cohabitation, including:
- Rental agreements or property ownership documents
- Utilities in both names
- Shared household expenses
For married couples, a legal marriage certificate is essential, but you still need to show joint financial and social commitments.
Visa Subclass 300: Prospective Marriage Visa
If you’re not married yet but plan to tie the knot, Australia offers a Prospective Marriage Visa (Subclass 300). This visa allows your spouse to enter Australia on a temporary visa to marry you within nine months. After marriage, they can apply for a partner visa.
This option is useful for couples who are currently living apart but want to start their life together in Australia before getting married.
Table: Key Differences Between 820/801 Visa and 300 Visa
| Feature | 820/801 Partner Visa | Subclass 300 Visa |
|---|---|---|
| Relationship Status | Married or de facto | Must marry within 9 months |
| Processing Time | 20-28 months combined | Temporary visa initially |
| Path to PR | Direct after 820 (temporary) visa | Apply for partner visa after marriage |
Common Myths About Partner Visas
Myth 1: You Have to Be Married
As mentioned, de facto relationships are fully recognized. Marriage is not a requirement, though it does help simplify some aspects of the application.
Myth 2: You Need a Lawyer to Apply
While many couples hire immigration lawyers, it’s entirely possible to complete the application process yourself. However, legal advice can be useful, especially if your case has complications.
Myth 3: Once You Get the Temporary Visa, PR is Guaranteed
Getting the temporary visa (820) is a positive step, but PR (801) is not guaranteed until the two-year waiting period is over, and the relationship has been reassessed.
Final Thoughts
Applying for permanent residency for your spouse in Australia is a long but rewarding process. With careful planning, comprehensive documentation, and patience, you can successfully navigate this journey and secure a future together in Australia.
This isn’t just about paperwork—it’s about securing your lives together in one of the most desirable countries in the world. The wait and effort are absolutely worth it.
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