Australia spouse and partner visas: 309/100, 820/801 and 300

If you are engaged to an Australian citizen, permanent resident or eligible New Zealand citizen, the subclass 300 lets you come to Australia and marry within the visa period of 9 to 15 months from grant, then apply for the 820/801 at a reduced charge. You and your sponsor must be 18 or older, must have met in person as adults, and must know each other personally. You can work and study on the visa. Home Affairs warns that processing for this visa may be longer than expected.

You must be married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or eligible New Zealand citizen, both when you apply and when the visa is decided, and the relationship must be genuine and continuing. De facto partners must usually have lived in the relationship for at least 12 months immediately before applying; dating or an online relationship may not count. Married applicants must normally be 18 or older, and de facto applicants must be 18 or older.

Your partner sponsors you and must be approved as sponsor. The same person sponsors you for both stages and for two years after the temporary visa is granted; you cannot change sponsor. Forced marriage is a crime in Australia and is not a basis for a partner visa.

Evidence usually covers four aspects: shared money matters, the household, the social side of the relationship and your commitment to each other. This commonly includes the marriage certificate, joint bank accounts or leases, photos over time, communication records and statements from friends and family. All documents need English translations.

From outside Australia you lodge the Partner (Provisional) visa subclass 309 together with the permanent subclass 100; you and family applying with you must be outside Australia at lodgement, but the temporary visa can be decided while you are in or outside Australia. Inside Australia you lodge subclass 820 with 801. The temporary visa lets you live, work and study in Australia, travel freely, attend the free Adult Migrant English Program if eligible and apply for Medicare.

The permanent stage is not a new fee. Processing for it starts from the date of eligibility, two years after you applied, when you show that the relationship continues. Applications are prioritised under Ministerial Direction 117.

If the relationship ends because of domestic and family violence, the family violence provisions may allow you to be considered for the permanent visa. You must tell Home Affairs about changes such as separation, a new address or the birth of a child while the application is pending.