8. Australian Partner Visa Requirements – Eligibility Checklist for Applicants and Sponsors
Meta Description: Ensure you meet the partner visa requirements. This eligibility checklist covers key criteria for Australian partner visas – relationship conditions (marriage or de facto), sponsorship obligations, age, financial support, health/character requirements, and common pitfalls to avoid when applying.

Applying for a partner visa isn’t just about proving love – there are concrete requirements you and your Australian partner must satisfy. Missing a requirement can lead to refusal, no matter how genuine your relationship. Here’s a checklist of main eligibility criteria and how to ensure you meet them:

✔ Relationship is Legitimate and Qualifying: You must either be legally married to your Australian partner, or in a de facto relationship (including same-sex) for at least 12 months immediately before applying (the 12-month rule can be waived if you register your relationship or have compelling circumstances like a child together). If married, ensure your marriage is recognized under Australian law (both over 18, not closely related, etc.). If de facto, gather evidence of at least 12 months of living together or combine it with a state/territory relationship registration certificate which waives the time requirement. You must be able to show the relationship is exclusive, genuine, and continuing – casual or purely online relationships won’t qualify. (See Article 13 on proving genuineness.)

✔ Both Parties Meet Age Requirement: Both the visa applicant and the sponsoring partner should be 18 or older at time of application. Australia doesn’t grant partner visas to minors. If you married at 17 (allowed in some countries), you generally must wait until 18 to apply for a visa (special cases with court orders aside). The sponsor also must be an adult (there is an exception that a 16-17 year old Australian can sponsor if the Minister is satisfied of compelling circumstances, but in practice this is rarely invoked – essentially consider 18 as the minimum sponsor age) (Family Migration Visas - McKkr’s).

✔ Sponsor’s Status and Sponsorship Limitations: The sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. They will need to provide proof (passport, proof of PR, etc.). Check if the sponsor has previously sponsored a partner or been sponsored as a partner:

• A sponsor cannot have sponsored more than 2 partner visa applicants in their lifetime (Family Migration Visas - McKkr’s).

• There must be at least 5 years since the last time they sponsored a partner visa or since they themselves were granted a partner visa as an applicant (Family Migration Visas - McKkr’s).

• For example, if your Australian partner already sponsored an ex-spouse in 2019, they cannot sponsor you until 2024 (5 years later). If they have sponsored two people before, they can’t sponsor a third at all (without a waiver).

• These rules aim to prevent serial sponsorship. However, the Department can waive them in compelling circumstances (like the previous partner died, or the current relationship is long-standing or involves a child). If you fall into this area, be prepared to submit a detailed statement requesting a waiver and evidence why an exception should be made (like evidence of the previous partner’s death or evidence that not being allowed to sponsor would cause significant hardship).

• Also note: if the sponsor themself was granted a partner visa in the last 5 years, they usually cannot sponsor a new partner yet. So someone who got PR through a partner visa in 2021 couldn’t turn around and sponsor a new partner until 2026.

✔ Sponsor’s Character: The sponsor will need to supply an Australian police check and possibly foreign police checks. Serious criminal history can affect eligibility. By law, if a sponsor has convictions for certain serious crimes (especially those involving violence against a person, like sexual or child-related offenses) and has a substantial sentence, the visa must be refused unless the Department uses its discretion that there are compelling circumstances to grant (Family Migration Visas - McKkr’s). This is part of the Family Violence provisions to protect applicants. If your sponsor has any such history, disclose it and be ready for the Department to assess. They may ask the applicant if they are aware of the sponsor’s convictions and still wish to proceed. Each case is unique, but a significant criminal record for the sponsor can jeopardize the application if it suggests the applicant could be at risk. Minor offenses (like a decade-old DUI) won’t bar sponsorship, but they still need to be declared. Honesty is vital; hiding convictions that show up on the police check will certainly lead to refusal (and possibly a ban under PIC 4020 for false information).

✔ Applicant’s Character: The visa applicant will also need to meet character requirements. This means providing police certificates for every country you’ve lived in for 12+ months in the past 10 years (since age 16). If you have a criminal record, the Department will assess if you pass the character test. A single DUI or minor offense likely won’t fail you; a serious criminal history might. As an applicant, if you do have a notable conviction, provide context and evidence of rehabilitation. The sponsor can write in support of your character as well. Most partner visa applicants have no significant criminal issues, but it’s a box to tick.

✔ Applicant’s Health: You (and any migrating dependents) must meet health requirements. Partner visa applicants must undergo a medical exam (including chest x-ray for TB and HIV test for 15+ age). Conditions like HIV, hepatitis, etc., are not automatic bars – partner visas allow health waivers in cases where refusing would cause undue hardship to the Australian partner. But you still must complete all exams and possibly specialist reports. Typically, only conditions that would lead to extremely high costs or public health risks become an issue. E.g., untreated TB must be cured before grant; a serious condition requiring expensive treatment might trigger a waiver request. Ensure you get health checks done and follow any instructions (if asked to do further tests, do them quickly). If pregnant, you can defer x-rays but note the visa can’t be granted until after the x-ray post-birth.

✔ No Debts to Australian Government: Technically, if you (the applicant) owe the Australian government money (for example, an unpaid public health debt from a previous visit), you should pay or arrange to pay before visa grant. This is a lesser-known criteria but listed – outstanding debts to the Commonwealth need to be paid (this often comes up for student visa holders with unpaid university fees or something – rarely in partner cases).

✔ Genuine Relationship Evidence: While not a “checklist item” like forms or checks, failing to provide sufficient evidence your relationship is genuine is the most common reason partner visas are refused. So consider it a requirement to supply proof for the four aspects: financial sharing, household, social, commitment. The case officer needs to be satisfied you meet the definition of spouse or de facto partner per the regs – which means showing a genuine shared life. Use the evidence guidelines (Article 13) as a checklist: joint bank accounts? Lease? Photos? Statements from friends? Travel history? If you have cultural ceremonies or unique aspects (like arranged marriage, or periods of long distance), include evidence and explanations. Basically, treat evidencing the relationship as seriously as filling the forms – both are equally required.

✔ Be Truthful and Consistent: Honesty isn’t just ethical, it’s a requirement. If you provide false info or bogus documents, you can be refused under PIC 4020 (and banned 3 years from reapplying). So ensure all answers on forms match supporting documents. If your partner’s address history is different on various forms, reconcile that to avoid confusion. If you have a child not migrating, declare them (not doing so is a common mistake that can violate PIC 4020). Transparency is critical. The Department doesn’t penalize you for having complicated lives (previous marriages, children, etc.), but it does penalize lying or omitting required info.

✔ Lodge a Valid Application: Sounds obvious, but if certain required items are missing, the application might be invalid. For instance, ensure you include the sponsor’s sponsorship form, the fee payment, applicant’s signature on the form (if paper – online takes care of this), and at least basic evidence of relationship at lodgement. If you’re a de facto couple applying without 12 months cohabitation, ensure you attach your registered relationship certificate or a statement of compelling circumstances – otherwise they may deem it invalid for not meeting criteria. Follow the document checklist provided by Home Affairs – a well-prepared application not only speeds things up, it ensures you haven’t overlooked a key eligibility doc.

Common Pitfalls to Avoid:

• Applying too early as de facto (before 12 months cohabitation) without registration – solution: wait or register relationship.

• Sponsor ineligible due to recent sponsorship – solution: check dates, possibly delay application or prepare waiver arguments.

• No consent for child under 18 (if child is included in application) – solution: get Form 1229 from other parent or custody order.

• Overstaying or being unlawful in Australia then applying – If you apply while unlawful or on a bridging visa, you might only get a Bridging Visa C/E with no work rights. Solution: Try to apply while holding a substantive visa (even a tourist visa) to get a Bridging Visa A with work rights. Also, a Section 48 bar can prevent onshore application if you had a visa refusal/cancellation onshore and are still in Australia (except partner is an exception if certain criteria met) – check with a professional if that might apply.

Use this checklist to double-check your situation. If you find any area where you don’t meet a requirement (e.g., not lived together 12 months and can’t register), address that before applying (e.g., wait to accumulate more time). Meeting all criteria and providing evidence for each will set your application on a solid path, giving the Department no reason to refuse on technical grounds. Then it just comes down to proving genuineness and waiting out the process.

(Articles 9 through 16 continue in the next message due to length.)

Family Visas Blog Series: Articles 9–30

Article 9: Step-by-Step Partner Visa Application Process (Onshore and Offshore)

Applying for an Australian Partner Visa can be complex, but breaking it down into clear steps makes the process more manageable. Whether you're applying onshore (Subclass 820/801) or offshore (Subclass 309/100), the fundamental stages are similar. Below is a step-by-step guide from an immigration lawyer's perspective, covering preparation through to the initial temporary visa outcome.

Step 1: Confirm Your Eligibility and Visa Type

Begin by determining the right partner visa category for your situation. If you and your partner (spouse or de facto) are both in Australia, you'll likely apply for the onshore Partner visa (subclass 820 temporary, leading to 801 permanent). If the applicant is outside Australia, the offshore Partner visa (subclass 309 leading to 100 permanent) is the appropriate pathway (How to Apply for a Partner Visa in Australia: A Step-by-Step Guide | AUM Global). Make sure you meet basic eligibility: you must be in a genuine spousal or de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. For de facto couples, typically a 12-month cohabitation or registered relationship is required (unless you’re married). Also ensure neither of you fall foul of sponsorship limitations (for example, the sponsor hasn’t recently sponsored another spouse – more on that in later articles).

Practical tip: If you’re engaged but not yet married or living together long-term, consider the Prospective Marriage Visa (Subclass 300) (covered in Article 11) as an alternative. This fiancé visa lets you enter Australia, marry your partner, then transition to a partner visa.

Step 2: Gather Required Documents

Collect all necessary documents to support your application before you apply. Strong documentation is crucial for a successful partner visa. Key documents include:

• Proof of Relationship: marriage certificate for spouses; for de facto partners, evidence of at least 12 months together or a registered relationship. Additionally, gather joint bills, lease or mortgage documents, bank account statements, beneficiary designations, travel tickets together, and plenty of photos spanning your relationship.

• Personal Identity Documents: passports (bio-data page) for both applicant and sponsor, birth certificates, and any change of name documents.

• Character Documents: police clearance certificates for the applicant (and often the sponsor) for every country you've lived in for 12+ months in the last 10 years. Australia requires upfront police checks for sponsors, especially where children are involved, to screen for any serious offenses.

• Health Documents: You'll need to undergo a medical examination with an approved panel physician. You can wait for the Department’s request or front-load the medicals to potentially save time. Include any required chest x-ray and HIV test results as instructed.

• Sponsor Documents: Proof of the sponsor’s Australian citizenship or PR status (e.g. passport, proof of residence). If the sponsor was also a visa applicant not long ago, provide details. Sponsors may also need to provide character checks (police certificates) and a letter of support for the relationship.

Being thorough at this stage will pay off. Compile a well-organised file with all documents clearly labeled. Missing or insufficient documents are a leading cause of delays or requests for further information.

Step 3: Complete the Application Forms

Australia’s partner visa application is primarily done online via the ImmiAccount portal. The applicant and sponsor each have forms to lodge:

• Form 47SP (Application for migration to Australia by a partner): This is the main visa application form the applicant completes online. It covers personal details, relationship history, and declarations.

• Form 40SP (Sponsorship for a partner to migrate to Australia): This is the sponsor’s form, where your Australian partner agrees to sponsor you and provides their details. Under recently updated rules, the sponsor needs to be approved before the visa application can be decided – in fact, sponsorship approval may be required before you can submit the visa application at all under new regulations (2023 Australian Partner Visa Updates: Essential Changes - Skylark Migration) (Changes in Partner Visa from November 2023 | MJLegal) (as of late 2023, the Department of Home Affairs introduced a requirement for sponsors to be pre-approved). In practice, you’ll lodge the sponsorship form through ImmiAccount around the same time as the visa application. Be honest and consistent in both forms – any discrepancies between the applicant’s and sponsor’s answers (addresses, dates, etc.) could raise flags.

Take your time filling in the online forms. Double-check names, dates, and every question. Tip: It’s often wise to draft long-form answers (like your relationship story) in a separate document first, then paste into the form, so you can refine the wording and check spelling. As leading migration firms like Fragomen and VisaEnvoy often advise, attention to detail here is vital for avoiding simple mistakes that could later cause visa rejection.

Step 4: Pay the Visa Application Fee

Lodging the partner visa requires paying a hefty Visa Application Charge (VAC). As of 2024-2025, the fee for a partner visa is AUD $9,095 for most applicants (this is after a July 2024 fee increase from $7,850 a couple of years ago and $8,850 more recently). This fee covers both the temporary and permanent stages in a combined application. Ensure you budget for this non-refundable fee – if the application is refused, the Department will not refund your money.

Payment is typically made online in ImmiAccount via credit card (which incurs a small surcharge). Once paid and submitted, you’ll get a receipt and a bridging visa grant notification if you applied onshore (more on bridging visas below). Keep the payment receipt and application submission confirmation for your records.

Step 5: Lodge the Application and Supporting Documents

After payment, your application is officially lodged. Upload all your supporting documents in ImmiAccount (there will be separate document categories for identity documents, relationship evidence, etc.). Aim to upload all critical documents at lodgment – a “decision-ready” application can speed up processing. In a well-prepared case, the Department might be able to decide without asking for more information.

If you haven’t done health exams or obtained certain police checks yet, the Department will usually send you requests (known as s56 requests) after initial assessment. You can also proactively obtain health exams once you have the HAP ID from the system. For police checks, it’s smart to have them ready early, as they can take several weeks in some countries.

For offshore applicants (subclass 309), lodge everything online as well. You won’t get a bridging visa (since you’re not in Australia), but the waiting process is similar otherwise.

After submission, download all your forms and the application summary from ImmiAccount. This helps ensure you have a record of exactly what was submitted. The Department will correspond through your ImmiAccount or email – make sure to monitor it regularly.

Step 6: Bridging Visas and Waiting Period (Onshore Applicants)

If you applied while in Australia, the Department will issue a Bridging Visa A (BVA) almost immediately upon lodgment. The BVA allows you to remain lawfully in Australia while awaiting the outcome. It only comes into effect once your current substantive visa expires. Most partner visa bridging visas have full work rights unless you were on a visa with no work condition (for example, if you lodged while on a tourist visa) (Can You Work While Waiting for Your Partner Visa? Bridging Visas ...). If your bridging visa has a no-work condition inherited from a tourist visa, you can request work rights by demonstrating financial hardship or by waiting until your tourist visa would have expired. Bridging visa holders sponsored by an Australian partner are usually also eligible for Medicare—ensure you enroll in Medicare using your BVA grant letter and passport, so you have health coverage during the wait.

The waiting period for partner visas can be significant. Processing times vary based on factors like the completeness of your application and the Department’s caseload. As of recent years, onshore partner (820) visas often take around 18 to 24 months for 75% of cases, and offshore (309) visas roughly 12 to 18 months, though there’s wide variance. The subsequent permanent visas (801/100) are typically assessed about 2 years after the initial lodgment, unless you qualify for an accelerated grant due to a long-term relationship (see Article 20 on the two-stage process). The Department’s shift to a demand-driven program (no annual cap on partner visas) is expected to gradually reduce wait times (Changes in Partner Visa from November 2023 | MJLegal), but you should still be prepared for a lengthy processing period. It’s normal to hear very little for many months. Continue to check your email and ImmiAccount regularly for any updates, and respond promptly if the Department requests additional information.

If you need to travel outside Australia while on a BVA, you must apply for a Bridging Visa B (BVB) before you leave. A BVB grants travel rights for a specified period (usually a few months) so that your bridging visa remains valid when you return.

Step 7: Visa Outcome – Temporary Partner Visa Grant

After patience and possibly some follow-up requests, you will (hopefully) receive a visa decision. If approved, onshore applicants get the Subclass 820 Temporary Partner Visa, and offshore applicants get the Subclass 309 Provisional Partner Visa. This lets you live, work and study in Australia with essentially the same rights as a permanent resident, except it’s time-limited and conditional on the relationship continuing (Subclass 820 Partner visa (temporary) - Immigration and citizenship). A successful applicant will receive a grant notification letter via email, which is cause for celebration!

The temporary partner visa is the first stage. It is typically valid until a decision is made on your permanent stage (subclass 801 or 100). Usually about two years after your initial application, the Department will invite you to provide updated evidence that your relationship is still genuine and ongoing, to process the second stage (see Article 20 for detailed guidance on this permanent partner visa stage). If you’ve been in a long-term relationship (e.g. 3+ years or 2+ years with a child) at the time of application, the Department might grant the permanent 801/100 immediately after the temporary visa, skipping the wait—this is a bonus for couples who have already been together a long time before applying.

In the event of a refusal, the applicant would be notified with reasons. Don’t panic—there are appeal rights (onshore applicants and now even offshore applicants can appeal in their own right due to recent changes (Changes in Partner Visa from November 2023 | MJLegal)). We will cover refusals and appeals in Article 17.

Final Thoughts

By following these steps and staying organised, you can navigate the partner visa application process more smoothly. Ensure all information is truthful and consistent, as even innocent mistakes can cause issues. Keep copies of everything and track your progress. If this process feels overwhelming, you're not alone—Immigration Solutions Lawyers in Sydney, AHWC Immigration Law, and other top Australian migration firms often assist couples with partner visa applications daily. Using a registered migration agent or immigration lawyer (like Fragomen or VisaEnvoy, two highly ranked firms for partner visa expertise) can provide peace of mind and expert guidance. However, many couples do successfully apply on their own with enough research and careful preparation.

The key is to be thorough, patient, and proactive. With the right approach, you'll be on your way to securing that partner visa and starting your life together in Australia. Good luck with your application!

Article 10: Onshore vs Offshore Partner Visas – Pros, Cons, and Key Differences

Australian Partner Visas come in two main flavours: onshore and offshore. These correspond to where you apply from and determine the subclasses you receive. Understanding the differences between an onshore Partner Visa (Subclass 820/801) and an offshore Partner Visa (Subclass 309/100) is crucial in planning your migration journey. Each route has its own advantages, limitations, and practical considerations. In this article, we unpack the pros and cons of each to help you decide which pathway suits your circumstances.

The Basics: 820/801 vs 309/100

• Onshore Partner Visa (Subclass 820 Temporary -> Subclass 801 Permanent): Applied for when the applicant is in Australia. The applicant lodges both 820 and 801 together (one application, two stages) onshore. A Bridging Visa A is granted to keep the applicant lawful in Australia while awaiting the outcome. The applicant must be on a substantive visa (or meet Schedule 3 criteria if not) at the time of applying.

• Offshore Partner Visa (Subclass 309 Provisional -> Subclass 100 Permanent): Applied for when the applicant is outside Australia. It's also a combined application (for 309 and 100 stages) but processed initially by an Australian mission overseas. Traditionally, the applicant had to be offshore at the time of visa grant for the 309, and similarly, outside Australia when the 100 stage is granted. However, a recent reform in late 2023 allows more flexibility: partner visas can now be granted regardless of whether the applicant is onshore or offshore at that exact moment (Changes in Partner Visa from November 2023 | MJLegal). This change means, for instance, if a 309 applicant happens to be in Australia on a visit when the decision is ready, the Department can grant it without requiring them to depart.

Key similarity: Both onshore and offshore streams lead to the same outcome – permanent residency (801 or 100 visa) after the temporary stage, provided the relationship continues to meet requirements. They also have identical core criteria regarding the genuineness of the relationship and sponsor eligibility.

Processing Times and Waiting Period

• Onshore (820) Processing: Onshore partner visas often have longer queues historically. Recently, median wait times for the 820 temporary visa range from roughly 12 to 20 months, with some cases taking up to 24–30 months depending on complexity. One factor is that onshore applications include many where the applicant might be on a tourist visa or bridging visa, requiring more scrutiny (especially if they had a short relationship duration).

• Offshore (309) Processing: Offshore partner visas can sometimes be quicker or at least comparable. Many 309 visas are finalized in about 12 to 18 months, though some stretch beyond 24 months in busy periods. The processing is handled by overseas Home Affairs offices or embassies; times can vary by country of application (for example, applications lodged in high-volume regions may face longer queues).

• Demand-Driven System: The government removed the annual cap on partner visas, moving to a demand-driven model (Changes in Partner Visa from November 2023 | MJLegal). This applies to both onshore and offshore. It means there isn’t a fixed quota per year now – theoretically, all eligible partner visas in the pipeline can be granted without waiting for next year’s quota. This is good news for processing speed overall, though backlogs still exist.

• Bridging Period (820 applicants): Onshore applicants spend their wait in Australia on a bridging visa, which can be an advantage (you can be together with your partner during the wait). Offshore applicants must wait outside Australia (unless they obtain a separate visa to visit, which carries its own risks and is not guaranteed).

Work Rights and Conditions

One big practical difference is the ability to live and work in Australia during the processing:

• Onshore: Once your current visa expires and your Bridging Visa A becomes active, you typically have full work rights in Australia while waiting for the 820 decision (Can You Work While Waiting for Your Partner Visa? Bridging Visas ...). This allows you to maintain employment or start working, which is a major benefit for couples who want to settle into Australian life immediately. Additionally, bridging visa holders awaiting partner visas are usually eligible for Medicare (public healthcare), reducing the need for private health insurance.

• Offshore: While waiting for the 309 offshore, you do not have rights in Australia because you’re outside the country. You can’t work in Australia until the visa is granted and you enter on the 309. Some couples choose to obtain long-duration visitor visas for the applicant to stay in Australia during processing, but those visas won’t include work rights and require the person to maintain tourist status (no work, no formal study). It can be frustrating being apart or unable to work; some manage it by the Australian partner spending time overseas with the applicant or the applicant visiting Australia for extended periods (if possible). Keep in mind, frequent long visits on a tourist visa can raise questions at the border, as immigration officers might suspect you’re trying to reside in Australia without the proper visa – caution and full disclosure of your ongoing partner visa application is advised in such situations.

Recent update: The November 2023 change allowing offshore applicants to have review rights and potentially be onshore at grant has an interesting side effect. It potentially opens the door for more offshore applicants to come to Australia on a visitor visa while waiting, without the fear that being in Australia will cause their 309 to be refused (previously, if a 309 applicant was in Australia at decision time, they might not get the visa granted). Now, if they are in Australia at the point of decision, the Department can grant the 309 anyway (Changes in Partner Visa from November 2023 | MJLegal). This added flexibility means the hard line between onshore and offshore is softening slightly, but it’s still important to follow the rules of any interim visa you use.

Partner Visa Interview or Communication

Typically, partner visa applicants (onshore or offshore) are not required to attend in-person interviews – decisions are made on the paperwork. However, offshore applicants historically were slightly more likely to be called for an interview at the embassy or a phone interview, especially if the case officer had doubts. Onshore applicants can also be interviewed or even have a home visit by immigration officers, but it’s less common. The chances of an interview depend on the risk profile of the application (unusual circumstances, big age differences, scant evidence, etc.).

Both visa types might get a request for more information (“further information request”) if the Department isn't satisfied with the evidence provided. The types of additional questions they ask are generally similar across onshore/offshore – focusing on relationship details or missing documents.

Advantages of the Onshore Route

• Being Together: The applicant can stay in Australia during processing, avoiding long-distance separation. This is often the number one reason couples choose the onshore route.

• Work and Medicare: Access to work rights and Medicare on the bridging visa, contributing to financial stability and healthcare coverage.

• No Need to Depart: You won’t need to leave Australia for the visa grant; historically, 820 requires you to be in Australia at grant (which is straightforward if you’re here). Now with rule changes, this difference is moot – but previously, offshore applicants had to manage being abroad at grant time, which occasionally caused logistical issues.

• Review Rights: Onshore applicants have full review (appeal) rights at the Administrative Appeals Tribunal (AAT) if refused. (Offshore applicants now also have this right in their own capacity as of late 2023 (Changes in Partner Visa from November 2023 | MJLegal), which is a change from before.)

Advantages of the Offshore Route

• Initial Flexibility: If the applicant cannot come to Australia yet (due to work, family, or travel restrictions), they can still start the partner visa process from abroad. It allows you to begin the immigration journey without waiting to enter Australia on another visa.

• Potentially Faster in Some Cases: Depending on the country and complexity, an offshore 309 visa can be processed relatively quickly, sometimes faster than an onshore 820, especially if your case is straightforward and low-risk. The Department sometimes shifts resources to where demand is – we’ve seen periods where offshore applications were prioritised.

• Avoiding Schedule 3 Issues: If you have no valid visa and are in Australia unlawfully, applying onshore is very difficult due to Schedule 3 criteria (covered in Article 28). Going offshore to lodge a 309 can sometimes be a solution if you can't meet onshore requirements. Likewise, if you only have a very short-term visa in Australia that doesn’t allow enough time to prepare, lodging offshore might be a fallback.

• No Bridging Visa Limitations: Because you remain offshore, you don’t deal with conditions of a bridging visa in Australia. For example, if you have a good job or life abroad, you can continue it while waiting, then make the move when the visa is ready. Some applicants prefer this to essentially “killing time” on a bridging visa in Australia, especially if job prospects in Australia during the wait are uncertain.

Drawbacks and Considerations

• Onshore Drawbacks: You must be in Australia to apply (sounds obvious, but this means you need a way to get into Australia first, often via a visitor visa or student visa). Not everyone can easily obtain a visitor visa if immigration officers suspect you intend to stay permanently. There is a delicate balance in visa intent: visiting with a genuine intention to then apply onshore is lawful, but if it appears you planned it all along, it can raise eyebrows. Also, onshore applications are more expensive for couples if one partner has to quit a job abroad and potentially spend an extended period unable to work (until bridging visa work rights kick in or until an exemption is granted). Living costs in Australia while waiting can be high.

• Offshore Drawbacks: The obvious con is separation – the applicant might be stuck overseas, and the couple endures long-distance or periodic visits. This can be emotionally and financially taxing. Additionally, the applicant cannot work in Australia until the visa grant, which can delay the non-Australian partner’s career start in Australia. If you do plan visits on a tourist visa, there's a risk of “dual intention” complications (having a pending immigrant visa and traveling as a tourist). It’s legal to have dual intent in Australia, but front-line border officers will expect that you still abide by the tourist visa conditions and will depart if required.

• Complexity of Changes: If circumstances change (e.g., pregnancy, personal emergencies), being onshore might give more flexibility (access to services, adding a newborn to the application easily, etc.) compared to being offshore where everything has to be communicated remotely to the Department.

Sponsor Considerations

Regardless of onshore or offshore, the sponsor’s obligations are similar. However, one practical difference: for offshore visas, sponsors traditionally did not have to provide Australian police checks unless there was a child, but for onshore, they often do. Nowadays, the Department is moving towards requiring all sponsors to be assessed and even provide police checks upfront due to changes in sponsorship approval processes. So this gap is closing. Sponsors should be prepared to engage in the process actively for both types, but if the applicant is offshore, the sponsor might feel somewhat less “involved” day-to-day since the partner is not yet in Australia.

Which Should You Choose?

If you have the option (i.e., the applicant can either be in Australia or not), consider these factors:

• Urgency to be together: If being together in Australia as soon as possible is the priority, an onshore application might be worth it, even if it involves coming on a tourist visa to lodge. Many couples do this successfully, especially if they prepare evidence well and perhaps consult agents like VisaEnvoy or Fragomen beforehand to ensure compliance.

• Strength of your visitor visa case: If the applicant hasn’t been to Australia before or is from a country with lower visa grant rates, getting a tourist visa to apply onshore might be challenging. In such cases, an offshore application could be the only viable path.

• Financial situation: Are you able to support yourselves in Australia during the waiting period? If not, maybe the applicant should continue working overseas (offshore application) until the visa is granted.

• Complexity of case: If there are complications (e.g., the applicant has overstayed in Australia previously, or health issues), sometimes the offshore route can avoid certain refusals (like Schedule 3 refusal onshore). On the other hand, in cases of family violence or other compassionate issues, being onshore might afford better access to support and appeal rights.

• Advice from professionals: It’s wise to consult with an immigration lawyer or migration agent on this decision. Top migration agencies (e.g. Immigration Solutions Lawyers or AHWC Immigration Law) have experience with both scenarios and can advise which route gives you the higher chance of a smooth process based on your personal circumstances.

Final Takeaway

Both onshore and offshore partner visas ultimately allow you and your loved one to build a life together in Australia, but the journey differs. Onshore is about immediacy and proximity – being together during the process – whereas offshore might be about patience and practicality, continuing your life abroad a bit longer. Neither is “better” in absolute terms; it depends on your needs. With the Australian Department of Home Affairs introducing changes like sponsor pre-approval and allowing onshore grants for offshore visas, the gap between the two pathways is narrowing. Whichever path you choose, ensure your application is decision-ready and your relationship evidence is strong. The end goal – a successful partner visa (and eventual permanent residency) – is achievable via either route with careful planning and perhaps some professional guidance.

In the next article, we’ll dive deep into the Prospective Marriage Visa (Subclass 300), which is another route for couples who are not yet married – essentially an offshore pathway for fiancés that leads into the partner visa process. Stay tuned.

Article 11: Prospective Marriage (Fiancé) Visa – The Subclass 300 Pathway Explained

Not every couple fits neatly into the spouse or de facto categories required for a direct partner visa. For those who are engaged and planning to marry, Australia offers the Prospective Marriage Visa (Subclass 300), often called the fiancé visa. This visa allows the fiancé(e) of an Australian citizen or permanent resident to come to Australia, marry their partner, and then transition to a partner visa onshore. In this article, we’ll explain how the subclass 300 visa works, its requirements, and how it serves as a bridge to eventual permanent residency.

What Is the Prospective Marriage Visa (Subclass 300)?

The Prospective Marriage Visa (subclass 300) is a temporary nine-month visa for individuals outside Australia who are engaged to marry an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. It’s a one-stage temporary visa (as opposed to the two-stage partner visas) and is strictly offshore at the time of application and grant. Once granted, it permits the holder to:

• Enter Australia (multiple entry allowed) during the validity period (typically 9 months from grant).

• Marry their Australian sponsor within that 9-month period.

• Lodge an onshore partner visa (820/801) after the marriage.

It’s important to note that the subclass 300 does not itself grant permanent residency. It’s a pathway: you must marry and then apply for a partner visa to stay long-term. Think of it as a fiancé entry visa.

Key Requirements for Subclass 300

To be eligible for a Prospective Marriage Visa, you must meet several conditions:

• Relationship Requirement: You and your Australian sponsor must be genuinely engaged to be married. This means you have a mutual intent to marry within the visa’s validity (9 months). You should have met in person at least once and know each other (pure online relationships without meeting generally won’t qualify).

• Age: Both parties must usually be 18 or older. (While marriage under 18 is possible under Australian law with a court order, immigration will not grant a fiancé visa if either party is under 18 at time of decision.)

• Marriage Plans: You must genuinely intend to marry your sponsor. As evidence, couples often provide wedding plans – such as venue bookings, invitations, receipts for a wedding dress, or statutory declarations from family aware of the engagement. You don’t necessarily need to have every detail locked in, but you should show the wedding is planned to take place relatively soon after arrival. A letter from a marriage celebrant or church pastor confirming you've made arrangements can be very persuasive.

• Genuine Relationship: Similar to partner visas, you must prove your relationship is genuine and that you intend to live together as spouses. The focus here is usually on the engagement period – showing how your relationship developed and why you decided to marry. Provide photos together, travel history, chat logs, and statements about your love story. Engagement rings, engagement party photos, and evidence of family members knowing about the engagement help reinforce authenticity.

• Health and Character: The applicant must meet health and character requirements, just like any other family visa. This means a health check and police clearances. These are typically done during processing (the Department will request them). Since the visa is only 9 months, they want to ensure no health condition would be a significant cost during that time and no serious criminal history.

• Sponsor’s Status: The sponsor must be an Australian citizen, permanent resident, or eligible NZ citizen. Sponsors also face limitations similar to partner visa sponsors (they can only sponsor two people in their lifetime for partner/fiancé visas, with at least 5 years apart). If your sponsor has previously sponsored a spouse or fiancé, or was themselves sponsored on a partner visa recently, be sure to disclose that and see if a waiver is needed.

Application Process

1. Lodge Offshore: The subclass 300 application must be lodged while the applicant is outside Australia, and the applicant must also be outside Australia when the visa is granted. Timing is important – don’t plan to travel to Australia until this visa is granted (or have an alternate visa to visit, but not during the final stages of processing).

2. Forms and Documents: The process is similar to partner visas: you complete a Form 47SP (selecting Prospective Marriage Visa option) and the sponsor completes Form 40SP. Evidence of the engagement and relationship are uploaded. There’s an additional specific requirement: provide a statement on your intent to marry and ideally some evidence of arrangements made. You don’t need to have a fixed wedding date at application time, but you could say, for example, “We plan to marry in [Month, Year] in [City].” Some couples even schedule a tentative ceremony date to include in the application.

3. Visa Fee: The fee for a Prospective Marriage Visa is similar to the partner visa fee (around AUD $9,000 as well). It’s a significant cost, and note that you will again pay a fee for the subsequent partner visa (though a bit reduced if transitioning from a 300 – the second stage partner visa fee is slightly lower when you hold a 300, essentially you pay the difference to the full partner fee).

4. Processing: Processing times for the 300 visa can range widely. Anecdotally, many are processed in 12–16 months, but COVID-era delays saw some blow out much longer. With the reopening post-pandemic, we’ve seen fiancée visas moving quicker again. The Department knows these are time-sensitive visas (since wedding plans are involved), but you should still plan for potentially a year’s wait. Use this time to continue building your relationship evidence (you'll need to provide updated evidence when you later apply for the partner visa after marriage).

5. No Bridging Visa: Because you apply offshore, you won’t have a bridging visa in Australia. If you do want to visit your partner during processing, you’d need to obtain a separate visitor visa, keeping in mind you must leave Australia for the grant of the subclass 300.

After Grant – The 9-Month Window

Once granted, the subclass 300 gives you entry to Australia. The 9-month validity countdown starts from the date of grant (not from the date you enter). During these 9 months, the key expectation is that you marry your sponsor. The marriage can take place in Australia (most common) or overseas – the location doesn’t matter, as long as it’s a valid legal marriage recognized under Australian law. If you marry overseas, you should return to Australia on the 300 visa after marriage and then lodge the onshore partner visa.

Work and Study Rights: As a 300 visa holder, you have work rights in Australia and can study (though no government study assistance). You essentially have similar conditions to a temporary partner visa holder. You can get Medicare once you marry (because after marriage you become eligible as a future permanent visa applicant when you lodge 820/801; some 300 visa holders even get Medicare before marriage by proving de facto status, but generally it’s simpler post-marriage).

Transition to Partner Visa (820/801)

After the wedding, you should prepare your Partner Visa application (Subclass 820/801) as soon as possible (don’t wait for the 9 months to almost run out). Ideally, lodge it within the validity of the 300 visa. The good news: when you lodge this onshore partner application, you won’t pay the full fee again – you pay a reduced fee (several thousand dollars, which is the difference between what you paid for the 300 and the current partner fee). The new application will require updated evidence, not to re-prove the relationship from scratch (they already accepted your relationship for the 300) but to show you have married and are continuing your life together. You’ll need a new sponsorship form from your now-spouse, and perhaps new police checks if the old ones expired.

Once the onshore partner application is lodged, you’ll get a Bridging Visa (to take effect after the 300 expires) so you can remain in Australia seamlessly. From there, the process converges with the usual partner visa stream: you'll get the 820 temporary (if all is in order) then later the 801 permanent.

Important: If, for some reason, the marriage does not happen within 9 months (e.g., wedding postponement, relationship issues), the 300 visa will expire and you will have to leave Australia. There are no extensions. In limited cases of genuine relationship breakdown after entry but before marriage, one cannot transition to a partner visa without marrying; unfortunately the 300 is quite strict. If domestic violence occurs during the engagement period, you should seek legal advice immediately (the family violence provisions that allow visa grant after relationship breakdown only apply to partner visa applicants, not to 300 visa holders).

Pros and Cons of the Subclass 300 Pathway

Pros:

• Allows couples to be together in Australia sooner than if they waited to marry first. It facilitates a period of cohabitation in Australia prior to full permanent residency.

• Useful if your partner cannot meet de facto requirements (e.g., haven’t lived together 12 months and can’t register the relationship). The engagement itself is a valid grounds for a visa.

• Buys time to organize a proper wedding with family present in Australia. You’re not pressured to marry overseas or in haste; you have 9 months to plan the wedding.

• Work rights upon entering Australia on the 300, which is beneficial for the incoming partner to integrate and contribute financially.

Cons:

• It’s expensive in total. Essentially, you pay two visa fees (though the second is reduced). The overall cost for going through subclass 300 then partner visa can be over AUD $13,000 in government fees alone.

• It’s a two-step process: more paperwork, more waiting. First you wait for the 300, then you wait again for the 820/801.

• If something goes wrong (e.g., relationship issues), the 300 visa has no pathway to stay unless you marry. It’s less flexible than a partner visa where if you had a long-term relationship and break up after getting temporary visa, there are scenarios (like domestic violence or having a child) where you might still get permanent residency. The 300 offers no such safety nets prior to marriage.

• You have to be offshore to apply and at grant, meaning you can’t transition directly from a tourist visa in Australia to a 300 (unlike partner visas where an onshore application is possible). This might require a period of separation to get the application in.

Tips for a Successful Fiancé Visa Application

• Evidence of Meeting: A common reason these visas get refused is if the couple never physically met. Ensure you provide proof of having met your partner face-to-face (photos together, passport stamps showing you were in the same place, flight itineraries, etc.).

• Demonstrate Communication: Show that you maintained contact throughout your relationship, especially if you’ve had to spend time apart after getting engaged. Chat logs, call records, and social media interactions can help.

• Support of Families: Statutory declarations from one or both sets of parents or friends acknowledging the relationship and engagement can add weight, similar to the Form 888 used in partner visas (you can use Form 888 here too, with people stating they know you’re engaged and plan to marry).

• Plans, not Just Promises: The Department likes to see concrete wedding plans. If you can’t book a venue (maybe you’re waiting for the visa), at least get quotes or make provisional bookings that can be canceled if needed. Show correspondence with wedding vendors or a celebrant. Even a simple letter from a civil celebrant saying “I have been contacted by [Couple] who intend to marry in [timeframe] and I will officiate their marriage” is excellent evidence.

• Consistency with Partner Visa Story: Assume the case officer evaluating your 300 will also be aware of what you will eventually claim in the partner visa. Consistency is key. The story of your relationship (how you met, important dates) should remain the same later. Keep copies of everything you submit – you’ll refer to it in the partner visa application to ensure alignment.

After Marriage – Next Steps

Once happily married and with a partner visa application in process, you’re effectively in the same situation as other partner visa applicants. The temporary partner visa (820) should come through fairly quickly if the 300 was smoothly handled (in some cases, applicants get the 820 within months of applying, since much was already assessed for the 300). Then you’ll be on track for the permanent stage 801 in the usual two-year timeframe from your initial 300 application date (the clock started when you lodged the 300, in terms of the two-year relationship duration for the permanent stage).

The Prospective Marriage visa is a valuable route for couples whose love is real but who haven’t yet tied the knot. It reflects the reality that not everyone is married when they decide to start a life in Australia together. By understanding its requirements and committing to the plan (marrying and then applying for the partner visa), you can use the subclass 300 as a stepping stone to your happily ever after in Australia.

In the next article, we’ll discuss nuances between married and de facto partner visa applicants and how to prove your relationship in either scenario (whether you’re legally wed or not). This will be crucial for partner visa evidence preparation, especially for de facto couples who need to meet the 12-month requirement or obtain a relationship registration.