Overview
Immigration Law
Partner Visa
There are many different types of Australian visas, and Partner visas make up one sub-category. If you are the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, you may be eligible to apply for a Partner visa as a pathway to permanent residency.
The Partner Visa can be considered as a “two-fold” visa where an applicant must apply and be granted a temporary visa first. After two years, subject to the relationship continuing, the applicant can then apply for a permanent visa to obtain permanent residency in Australia.
There are a number of partner visas available:
1. Temporary Partner Visa (subclass 820 & subclass 309)
The Temporary Partner Visa (subclass 820) is an onshore visa where an applicant must be in Australia at the time this application is lodged with the Department of Home Affairs. On the other hand, the Temporary Partner Visa (subclass 309) is an offshore visa for those applicants who are not in Australia.
This visa is a temporary visa that is granted before a permanent visa can be applied for and granted.
Eligibility
The applicant and their spouse must both be committed to a shared life together to the exclusion of all others.
The applicant and spouse must be in a relationship for at least 12 months prior to applying.
The applicant’s relationship with their spouse must be genuine and continuing.
The applicant must live with their spouse or not live apart on a permanent basis.
The marriage must be valid under Australian law.
The de facto relationship is recognised by the Australian government (not mandatory).
Once the visa is granted, the applicant can:
Live, work and study in Australia while their application is being processed.
Travel to and from Australia. There are no restrictions on the number of times you can do this.
Attend free English language classes provided by the Adult Migrant English Program (if eligible).
2. Permanent Partner Visa (subclass 801) & Partner (Migrant) visa (subclass 100)
The Permanent Partner visa (subclass 801) and the Partner (Migrant) visa (subclass 100) allow the de facto partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia permanently. It is usually granted to people who hold a Temporary Partner visa (subclass 820 or 309) after two years and have proved that the relationship is ongoing.
To be eligible, the applicant must:
Hold a Temporary Partner Visa (subclass 820 or 309).
Must still be in an ongoing relationship with their spouse or partner. However, if the applicant’s relationship breaks down during the application process, they may still be eligible.
Continue to be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
Once the visa is granted, the applicant can:
Stay in Australia indefinitely.
Work and study in Australia.
Join Medicare.
Sponsor their relatives to come to Australia.
Travel to and from Australia as many times as they like, within five years from the date the permanent visa is granted.
Attend English classes provided by the Adult Migration English Program (if eligible).
Apply for Australian citizenship (if eligible).
3. Prospective Marriage Visa (subclass 300 )
An applicant may be eligible for a Prospective Marriage (subclass 300) visa if they are over the age of 18 and intend to marry an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.
The applicant must be outside of Australia at the time they apply for this visa and when the visa is granted.
A Prospective Marriage visa (subclass 300) is valid for approximately 9 to 15 months, and during this time, the applicant must make arrangements for marriage and apply for the Partner visa (subclass 820/801).
To be eligible, the applicant must:
Once the visa is granted, the applicant can:
Stay in Australia for 9 – 15 months from the date the visa is granted.
Work and study in Australia.
Travel to and from Australia.
Family Visas
There are a number of Family visas available to applicants with the goal of reuniting families after being separated by distance. This includes the following visas:
1. Remaining Relative Visa (Subclass 115)
This visa allows people to move permanently to Australia if their last remaining relatives either reside in Australia or have become Australian citizens. The purpose of this visa is to reunite families who have been separated.
2. Contributory Parent Visa (subclass 173 and 143)
The Contributory Parent visa (subclass 173) is a temporary visa that allows eligible parents to live, work and reside in Australia for a period of up to two years.
The Contributory Parent visa (subclass 143) is a permanent visa that allows eligible parents to reside permanently in Australia and provides assurance of support in place to assist them.
3. Child Visa (Subclass 101)
This visa allows children to move to Australia to live with their parents who reside in Australia and are either Australian citizens, eligible New Zealand citizens or are the holders of an Australian permanent visa.
To be eligible, the applicant must be:
Either under 18 years, be a full-time student aged over 18 and under 25 and financially dependent on the parent, or be over 18 and unable to work due to a disability.
Single and dependent on the parent.
Residing outside Australia when the application is made.
Once the visa is granted, the applicant can:
Work and study in Australia.
Travel to and from Australia.
Apply for Australian citizenship (if eligible).
4. Carer Visa ( subclass 836)
This permanent visa lets you stay in Australia to care for someone with a long-term medical condition who has no reasonable access to care options in Australia.
To be eligible, the applicant must be:
In Australia when they apply for the visa and when the Australian Government Department of Home Affairs decides to grant the application.
A carer for your Australian relation who needs care or a member of their family who lives with them and needs care and who has no reasonable access to care in Australia.
Sponsored by an eligible sponsor.
Once the visa is granted, the applicant can:
Access Australian Government benefits.
Work and study in Australia.
May be able to sponsor eligible family members.
Apply for Australian citizenship (if eligible).
Working Visas
Depending on your qualifications and educational background, you may be able to obtain a visa to contribute to the Australian workforce.
Australia offers working visas for those who have been sponsored by their employers, who are seeking to apply independently or to be able to work whilst you holiday in Australia.
It is important to note that the occupation that the applicant holds a relevant qualification for, or has experience in, must appear on the Department of Home Affairs’ list of skilled occupations before applying for a working visa.
There are a number of working visas as follows:
1. Nominated Working Visas
Skilled Nominated visa (subclass 190) – This visa requires sponsorship from an Australian State or Territory Government and offers applicants permanent residency in Australia.
Employer Nomination Scheme visa (subclass 186) – This visa is divided into three categories:
This visa requires a sponsorship from an Australian employer and offers applicants permanent residency in Australia.
2. Independent Working Visas
Skilled independent visa (subclass 189) – If an applicant does not have an employer to sponsor them in Australia, then they may apply for this visa. The skilled independent visa requires applicant to complete a skills assessment and pass a points-based assessment which considers factors relevant to their eligibility.
3. Working Holiday Visas (subclass 417 and 462)
There are three categories of this visa, being first, second and third Working Holiday visas. This allows applicants to extend their visas. However, they must undertake “specified work”, in order to progress to the next visa.
It is to be noted that there have been legislative changes to the Australian Immigration laws, where from 1 July 2024, passport holders of the United Kingdom will not need to undertake “specified work” in order to extend their working visas.
Tourist Visas
If you are thinking of booking a holiday and visiting Australia, a holiday visa is needed to enter Australia.
There are four visa options available to tourists:
1. Electronic Travel Authority (Subclass 601)
This visa allows applicants to visit Australia to visit family and friends or have a holiday.
To be eligible, the applicant must:
Once the visa is granted, the applicant can:
2. E-visitor (subclass 651)
This visa is similar to the Electronic Travel Authority (Subclass 601) and is an arrangement between Australia and those countries that form part of the European Union.
3. Electronic Travel Authority (Subclass 601)
This visa is a temporary visa to allow applicants to visit friends and family or visit as a tourist. There are six main visa streams:
Tourist stream (apply in Australia).
Tourist stream (apply outside of Australia).
Sponsored family stream.
Business visitor stream.
Approved destination status stream.
Frequent traveller stream.
To be eligible, the applicant must:
Once the visa is granted, the applicant can:
Student Visas (Subclass 500)
If you are looking to study in Australia, this visa will allow you to visit Australia to participate in a course of study.
It is important to note that before an application can be lodged, applicants must be enrolled and accepted in a course of study recognised by the Australian Government. Evidence of Confirmation of Enrolment must be provided.
To be eligible, the applicant must:
Apply online in or outside Australia.
Be enrolled in a course of study in Australia.
Hold Overseas Student Health Cover (OSHC), or fall in one of the exemption categories.
Must be 6 years or older.
Prove you have a welfare arrangement, if you are under 18.
Once the visa is granted, the applicant can:
Participate in an eligible course of study in Australia.
Travel in and out of Australia.
Work up to 48 hours a fortnight when your course of study or training is in session.
Humanitarian Visas
1. Refugee Visa (subclass 200,201, 203, 204)
With these visas, an applicant can move to Australia if they are subject to persecution in their home country. These visas allow you and your family to live, work and study indefinitely in Australia.
To be eligible, the applicant:
Must be referred to the Department of Home Affairs by the United Nations High Commissioner for Refugees (UNHCR)
Is facing persecution in their home country
Must meet health and character requirements.
Once the visa is granted, the applicant can:
Reside in Australia permanently.
Work and study in Australia.
Enrol in Australia's public healthcare scheme, Medicare.
Propose family members for permanent residence.
Travel to and from Australia for 5 years.
Become an Australian citizen (if eligible).
Attend free English language classes through the Adult Migrant English Program (if eligible).
2. Global Special Humanitarian Visa (subclass 202)
With this visa an applicant can move to Australia if they face substantial discrimination or human rights abuses, and may stay in Australia permanently with their immediate family.
To be eligible, the applicant must:
Be living outside Australia.
Be subject to substantial discrimination in your home country.
Have a proposer (which can be a person or an organisation).
Meet health and character requirements.
Once the visa is granted, the applicant can:
Stay in Australia permanently.
Work and study in Australia.
Propose certain family members for permanent residence.
3. Protection Visa (subclass 866)
This visa is for people who arrived in Australia on a valid visa and want to seek asylum. It allows you to stay in Australia permanently, if you engage Australia’s protection obligations and meet all other requirements for the grant of the visa.
To be eligible, the applicant must:
Engage Australia’s protection obligations (or be a member of the same family unit as someone who does).
Have arrived legally in Australia on a valid visa.
Meet all other visa requirements including health, character and security checks.
Once the visa is granted, the applicant can:
Live, work and study in Australia permanently.
Sponsor eligible family members for permanent residence through the offshore Humanitarian Program.
4. Safe Haven Enterprise Visa (subclass 790)
This visa is for people who arrived in Australia without a visa, and want to seek asylum. It allows you to stay in Australia temporarily if you engage Australia's protection obligations and meet all other requirements for the grant of the visa.
To be eligible, the applicant must:
Engage Australia’s protection obligations (or be a member of the same family unit as someone who does).
Meet all other visa requirements, such as health, character, identity and security.
Sign a declaration on the application form that you intend to work or study in regional Australia.
Once the visa is granted, the applicant can:
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