top of page

Partner Visa Requirements: Apply Before or After Marriage

Updated: 16 hours ago

ree

If you are considering bringing your partner to Australia, you might be wondering whether you can apply for a Partner Visa before or after marriage. Understanding the eligibility requirements and relationship definitions is key to choosing the right visa pathway. Both onshore and offshore partner visas require proof of a genuine and ongoing relationship, whether you are married or in a de facto partnership.


Understanding Partner Visa Options


Australia offers two main partner visa pathways:


Onshore Partner Visas – Subclass 820/801

  • For applicants already in Australia.

  • Requires evidence of a genuine and continuing relationship with your spouse or de facto partner.


Offshore Partner Visas – Subclass 309/100

  • For applicants outside Australia.

  • Also requires proof of a genuine marriage or de facto partnership.


Defining Your Relationship

The Migration Act recognises two types of relationships for partner visa purposes:


Spouse

A spouse must be legally married and demonstrate:

  • A mutual commitment to a shared life

  • A genuine and continuing relationship

  • Cohabitation, or evidence that you are not living apart permanently


De Facto Partner

A de facto relationship does not require legal marriage but must show:

  • Commitment to a shared life

  • A genuine and continuing relationship

  • Cohabitation, or not living apart permanently

  • You are not closely related by family


Applying Before or After Marriage


You can apply for an Australian Partner Visa before or after marriage, provided you meet the eligibility criteria for your chosen visa pathway. Both spouse and de facto applicants are considered, and your application must include sufficient evidence to prove the nature of your relationship.


Partner Visa Requirements: Book a Consultation

Navigating partner visas can be complex, but proper planning ensures a smooth application. If you are unsure which visa is suitable, or how the requirements apply to your situation, seeking expert advice can save time and increase your chance of success.


Book a consultation with RACC Australia to get personalised guidance on your partner visa pathway, document preparation, and eligibility assessment. Our team will support you through each step of the process and help you make informed decisions for your future together in Australia.



Other Updates

Address

Australia Office:
343 Little Collins Street 

Melbourne VIC 3000

Level 7, Suite 715 - 716

Contact

+61 420 746 705

‭+61 405 118 321‬

Office Hours : 9 am - 6 pm Mon - Fri.

Closed on public holidays

© 2024 RACC Australia; Migration Agent Registration Number (MARN) 1572961

bottom of page