Partner visa
Statutory definition
The partner visa subclasses are prescribed in Schedule 2 to the Migration Regulations 1994 (Cth). The onshore pathway (Subclasses 820 and 801) is for applicants who are in Australia at time of application. The offshore pathway (Subclasses 309 and 100) is for applicants outside Australia. Both pathways require a sponsoring Australian citizen, permanent resident, or eligible New Zealand citizen.
Explanation
The partner visa pathway operates in two stages:
- Temporary stage — the applicant is granted a temporary partner visa (Subclass 820 onshore or Subclass 309 offshore) while the relationship is assessed. This visa usually includes work rights.
- Permanent stage — after at least two years (measured from the date of application), the applicant is assessed for the permanent partner visa (Subclass 801 or 100) if the genuine relationship requirement continues to be met.
If the couple has been in a genuine relationship for at least three years at the time of application (or two years if a dependent child is involved), they may be eligible to proceed directly to the permanent stage.
Both stages are part of the same application — a separate application is not required for the permanent stage, though additional evidence of the ongoing relationship must be provided when requested.
How this term is used
The genuineness of the relationship is assessed against criteria including whether the couple has a mutual commitment to a shared life, cohabitation, financial interdependence, and social recognition of the relationship. Decision-makers assess all four aspects holistically.