Partner Visa (married) onshore:

This visa is for married couples in a genuine, continuing and exclusive relationship, where the husband or wife is an Australian citizen, permanent resident, or an Eligible New Zealand citizen. For information regarding de facto visa applications in Australia please see read De facto partner visa onshore.

Generally, a successful applicant will be granted a subclass 820 two year temporary visa. At the end of the two years, counted from the date of the visa application, the couple will need to show the Department of Immigration (“Department”) that they are still in a genuine relationship. After confirmation that the relationship is still genuine and continuing, the permanent resident visa may be granted (subclass 801). Some visa applicants may get permanent residence without waiting for 2 years if they have been in a relationship for 3 years or for 2 years if they also have a child(ren) with their partner.

Temporary partner visa holders may also be eligible for a permanent visa if the relationship has ended and there has been domestic violence, or there is a child in relation to whom the sponsor and the visa holder have rights / obligations, or the sponsor has died.

Making an application

Evidence

You should provide evidence that you are married and that your relationship is “genuine and continuing”. The evidence should be detailed and go into the past as far as possible.

Evidence of a genuine relationship and cohabitation includes:

Other evidence

Including dependent relatives in your application

Your dependent child(ren) can be included in your application if they are not married, engaged or in a de facto relationship and they are either:

If you include your child as a secondary applicant on your application then you will need to provide:

Visa application process

• Step 1

  Applicant should complete form 47SP.

• Step 2

  The Australian sponsor should complete form 40SP.

• Step 3

  Attach the evidence mentioned above.

• Step 4

  Attach a cover letter to the application form with:
  - your name;
  - current address;
  - reasons for applications; and
  - list of documents attached to application. If you are waiting for any information to be included with the application note that it will be provided to the Department as soon as it is received.

  Also offer to provide any further information required by the Department of Immigration.

• Step 5

  Complete a form 80 and attach it to the application (unless it is not required because you are the holder of a Subclass 300 Prospective Marriage visa).

• Step 6

  Write the applicant’s name on the back of 2 passport sized photographs and hand them in with the application form.

• Step 7

  Keep a photocopy of all the documents you submitted to the Department of Immigration.

• Step 8

  Lodge these forms with the application fee at your nearest Department of Immigration office. Remember to keep your receipt as it is proof that you lodged the application.

  The health check and police clearance can be lodged at the same time as the application forms (see Steps 9 & 10). If you do not provide your health test results and police clearances at the time of lodgment you will be asked to do so during processing (unless they are not required, eg for a Prospective Marriage visa holder) or you can initiate the process yourself. If the health check and police clearance are required, it is highly advisable to undergo the testing as soon as possible, otherwise the visa processing will be delayed.

• Step 9

  Health check (if required): phone Health Services Australia to make arrangements for your X-Ray and medical examination. You will need to complete forms 160A and 26A, remembering to attach your photograph to Form 26A. The results will be sent to you through the post. DO NOT OPEN THE FORM. Send it to the Department of Immigration with a letter clearly identifying your name, address and Department of Immigration file number.

• Step 10

  Police clearance (if required): follow the instruction on The national police check application form (available at www.immi.gov.au) to obtain an Australian police clearance. The clearance will be sent to you through the post. Send the original to the Department of Immigration (keep a copy for yourself) with a letter clearly identifying your name, address and Department of Immigration file number. If you are required to provide overseas police clearances the Department of Immigration will advise you of the process to follow to obtain these clearances.

• Step 11

  If the visa is approved you will either be granted the two year temporary visa or the permanent visa, if you were in a long term partner relationship as outlined above. If the visa is the two year temporary visa, it will be conditioned on the relationship continuing (with some exceptions).

  Remember to tell the Department of any change in your circumstances, for example if the relationship ends or you change your address.

  This blog contains general information and is not a substitute for legal advice. (Reflects law as at 1 July 2011)