If you’re in a committed relationship with an Australian citizen or permanent resident, you may be looking into the Australia Marriage Visa as a pathway to live together in Australia. Navigating the visa process can be complex, but with the right information and guidance, you can successfully apply for and obtain a visa that allows you to join your partner in Australia. In this comprehensive guide, we will walk you through everything you need to know about the Australia Marriage Visa, including the types of visas available, eligibility requirements, the application process, costs, and tips for success.
Types of Australia Marriage Visas
Australia offers two main types of visas for couples wishing to live together in the country: the Partner Visa and the Prospective Marriage Visa. Each visa serves a different purpose, depending on your relationship status and intentions for your time in Australia.
1. Partner Visa (Subclass 820/801)
The Partner Visa is available to couples who are married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. This visa is granted in two stages:
- Subclass 820: The temporary partner visa that allows you to live in Australia while your permanent visa is being processed.
- Subclass 801: The permanent partner visa granted after a successful evaluation of your relationship.
The Partner Visa allows you to live, work, and study in Australia, and eventually gain permanent residency if you meet all the requirements.
2. Prospective Marriage Visa (Subclass 300)
The Prospective Marriage Visa is for people who are engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen, and who intend to marry within nine months of arriving in Australia. This visa allows you to enter Australia and marry your partner, after which you can apply for a Partner Visa (Subclass 820/801).
Key Differences Between the Two Visas
| Visa Type | Eligibility | Processing Time | Path to Permanent Residency |
|---|---|---|---|
| Partner Visa (Subclass 820/801) | Married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen | 12–24 months | Yes (after 2 years of living together) |
| Prospective Marriage Visa (Subclass 300) | Engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen | 9–15 months | Apply for Partner Visa after marriage |
Eligibility Requirements for the Australia Marriage Visa
To successfully apply for an Australia Marriage Visa, you must meet certain eligibility criteria. The Department of Home Affairs assesses each application on a case-by-case basis, focusing on whether the relationship is genuine and ongoing. Below are the key eligibility requirements for both types of marriage visas.
1. Genuine Relationship
One of the most crucial requirements is proving that your relationship is genuine and continuing. You will need to provide strong evidence of your relationship, such as:
- Shared financial responsibilities (bank statements, joint accounts)
- Living arrangements (evidence of cohabitation, shared lease or utility bills)
- Social recognition of your relationship (photos together, social media posts, messages from family and friends)
- Future plans together (travel plans, joint commitments, children)
2. Health and Character Checks
All applicants for an Australian Marriage Visa must undergo health and character assessments to ensure they do not pose a risk to public health or safety.
- Health checks: You may be required to undergo a medical examination by an approved panel doctor. This typically includes tests for tuberculosis and other health concerns.
- Character checks: You will need to provide police certificates from all countries you’ve lived in for a year or more during the past 10 years, including your home country.
3. Age Requirement
You must be at least 18 years old to apply for a marriage visa. If either you or your partner is under 18, the visa will not be granted.
4. Relationship History
For those applying for the Partner Visa (Subclass 820/801), you must show that you have been in a genuine, ongoing relationship with your partner for at least 12 months prior to applying. This requirement does not apply to the Prospective Marriage Visa (Subclass 300), but you must provide evidence of your engagement.
The Australia Marriage Visa Application Process
The application process for the Australia Marriage Visa involves several steps, and it is crucial to follow each one carefully to avoid delays. Here is a step-by-step breakdown of the process.
Step 1: Gather Required Documents
The first step is to collect all the necessary documentation, which will vary depending on the type of visa you are applying for. Common documents include:
- Proof of identity (passport, birth certificates)
- Proof of relationship (photos, communication records, joint financial or legal documents)
- Health and character documents (medical examination, police clearance)
- Marriage certificate (for Partner Visa applicants)
Step 2: Submit Your Application
Once you have all the documents, you can submit your application online via the Department of Home Affairs website. You will need to complete the relevant forms and pay the visa application fee. Be sure to fill out the forms accurately to avoid unnecessary delays.
Step 3: Wait for Processing
The processing time for the Australia Marriage Visa varies depending on the visa subclass and your specific circumstances. Typically, the Partner Visa (Subclass 820/801) takes 12–24 months, while the Prospective Marriage Visa (Subclass 300) can take 9–15 months. During this time, the Department of Home Affairs may request additional documents or conduct interviews.
Step 4: Visa Decision and Grant
Once your application is processed, you will receive a decision from the Department of Home Affairs. If successful, you will be granted the visa and allowed to live in Australia with your partner. If applying for the Partner Visa, you will initially receive the Subclass 820 temporary visa and, after meeting the necessary requirements, can apply for the Subclass 801 permanent visa.
Costs of the Australia Marriage Visa
The cost of an Australia Marriage Visa varies depending on the type of visa and the complexity of your application. As of 2023, the application fees are:
- Partner Visa (Subclass 820/801): AUD $7,850
- Prospective Marriage Visa (Subclass 300): AUD $8,085
These fees cover the visa application itself but do not include additional costs such as medical exams, police clearances, and translations of documents. Be prepared for additional expenses if your application requires any further documentation or resubmission.
Tips for a Successful Australia Marriage Visa Application
Applying for an Australia Marriage Visa can be a lengthy and stressful process. Here are a few tips to help increase your chances of success:
- Start early: Begin collecting documents and gathering evidence of your relationship as soon as possible to avoid delays.
- Be thorough: Ensure that all documents are complete, accurate, and well-organized.
- Seek professional help: If you’re unsure about any part of the process, consider consulting a registered migration agent or immigration lawyer to guide you through the application.
Frequently Asked Questions (FAQ)
1. How long does it take to get an Australia Marriage Visa?
Processing times for the Partner Visa (Subclass 820/801) typically range from 12 to 24 months, while the Prospective Marriage Visa (Subclass 300) usually takes 9 to 15 months.
2. Can I work while on the Australia Marriage Visa?
Yes, both the Partner Visa (Subclass 820/801) and the Prospective Marriage Visa (Subclass 300) allow you to work in Australia once granted.
3. What happens if my relationship breaks down during the visa process?
If your relationship breaks down during the visa process, you may be at risk of having your visa application refused. However, if there are exceptional circumstances, you may still be eligible to remain in Australia.
4. Can I apply for citizenship after getting the Australia Marriage Visa?
Yes, after holding your permanent Partner Visa (Subclass 801) for a certain period, you may be eligible to apply for Australian citizenship.
Conclusion
The Australia Marriage Visa is a valuable option for those in genuine relationships with Australian citizens or permanent residents. Whether you're applying for a Partner Visa or Prospective Marriage Visa, understanding the eligibility criteria, gathering the necessary documentation, and following the correct process are all essential steps. By taking the right approach and seeking expert advice when needed, you can navigate the application process and begin your life together in Australia.
Ready to start your Australia Marriage Visa journey? Contact a registered migration agent today for professional advice and assistance in ensuring your application is as smooth as possible.