Visas are available to enable Australian Citizens and Permanent Residents to Sponsor a visa for their Spouse, De facto Partner or their fiancé before their prospective marriage, to migrate to Australia to live with them.
The partner visa options (300, 309/100 or 820/810) generally provide a temporary visa initially leading to permanent residence. The visa allows the partner to live, work or study in Australia. Depending upon your circumstances there are pros and cons to the different visa options which may influence your pathway choice.
This page provides a brief overview of the visas available
Prospective Marriage Visa
If you are intending to get married a prospective marriage visa (300) may be an option. This visa enables the applicant to temporarily enter Australia providing a 9 month time frame for the marriage to take place.
Since the Dec 2017 changes in legislation to the Marriage Act, same sex couples intending to marry within the prescribed period can also apply for a Prospective Marriage Visa
Enabling the partner, and eligible dependants, of an Australian citizen or permanent resident to live in Australia with their partner.
Spouse visas involve a two stage process, initially a two year temporary visa which can lead to a permanent residence visa assuming your relationship remains genuine and continuing. In exceptional circumstances a permanent visa may be granted to some couples immediately. Spouse visas can be applied for offshore (309/100) or onshore (820/801).
Applying for a partner visa and currently on a 457 visa
If you are currently in Australia sponsored on a subclass 457 visa there are some additional considerations you should take into account when applying for a partner visa.
In exceptional circumstances will an individual be granted permanent residency where the relationship no longer exists. Examples of circumstances that may be considered include where the sponsor has died, there is a child involved or family violence has occurred.
All visas require an individual to undertake a medical and to meet the 'health requirement', should a visa applicant fail the health requirement the partner visa does allow for a health waiver to be considered.
Spouse applications by Unlawful Non-citizens
Spouse visas are one of a few visas that may be applied for by unlawful non-resident who does not hold a valid visa. Where a visa has expired by over 28 days ‘compelling circumstances’ must be shown for the application to be considered.