How much does a partner visa cost in Australia

How much you will end up paying will depend whether you are granted the partner visa in the first instance, or if you are refused initially and have to appeal your matter to Australia’s administrative review tribunal. Why would I be refused you may ask? Well, read on. 

Unlike tourist or student visas, the Australian partner visa process is a permanent residency (PR) pathway and the assessment process is far more rigorous than temporary visa issuing processes. That is, because you can get permanent residency via the partner visa route without any skill, language or qualification requirement, every year many people pretend to be in fake relationships, sometimes referred to in the movies as ‘sham marriages’’. Fraudsters coordinating fake relationships for visa purposes often go to great lengths to obtain evidence, including documents, to support their application. Sometimes the fraudsters have more documents and photos than real couples! This means that it is very difficult for the Government to distinguish between your genuine relationship and someone trying to get permanent residency in Australia by way of a fake relationship. Unfortunately, this results in thousands of partner visas being refused. In recent years, as many as 42% of all partner visa applications were initially refused by the government. If your partner visa application is initially refused, you can appeal to Australia’s administrative review tribunal and each year more than 1,000 couples have their refusal overturned at the tribunal after proving their relationship is genuine. It is important to understand however that if your partner visa is refused, you may have to wait up to two years for Australia’s administrative review tribunal to schedule a hearing, hear your evidence and determine your appeal. This is why we recommend engaging an Australian Migration Lawyer to prepare a strong, decision-ready partner visa application in the first instance.

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Cost breakdown

Visa application fee: This is the main cost you need to pay to the Australian Government when you submit your application.

A family visa can normally incur the following fees:

[table]

[thead]

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[th]Visa Type[/th]

[th]Applicant Cost (AUD)[/th]

[th]Additional Applicant Cost (AUD)[/th]

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[tbody]

[tr]

[td]Partner visa (subclass 820/100 or 309/100)[/td]

[td]$8,850 + credit card surcharge [/td]

[td]Over 18 years: $4,430, Under 18 years: $2,215 [/td]

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[/tr]

[tr]

[td]Prospective Marriage visa (subclass 300)[/td]

[td]$8,850 + credit card surcharge. However, when you later apply for the partner visa, you will need to pay an additional government fee of $1,475 [/td]

[td]Over 18 years: $4,430, Under 18 years: $2,215 [/td]

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Other costs

Medical Examination: Each person included in your application will need to undergo a medical examination. This costs approximately $500 per adult and $350 per child, and you'll pay this fee directly to the doctor conducting the examination.

 Biometrics Collection: Visa applicants may be requested to provide biometrics including fingerprints and face structure (photos) during the application process. This fee is paid to the Australian Biometric Collection Centres or their overseas service providers.

‍Police Checks: Depending on where you've lived, you might need to pay for police checks. This fee is paid to the police authorities in the countries where you've lived for 12 months or more in the last 10 years.

 Document Translation: If your documents are not in English, they will need to be translated. The fee for this service varies, and you'll pay it directly to the person responsible for translating your documents.

Tribunal application fee: $3374. If the tribunal accepts your relationship is genuine, you will be entitled to a 50% refund of this fee. 

Remember, these are the fees as of 1 July 2023. It's always a good idea to check the most current fees on the Australian Government's website or with an Australian Migration Lawyer to ensure you have the most accurate and up-to-date information.

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Partner visa application

Partner visa:

Although the requirements for each partner visa type differ slightly, there are key eligibility

requirements that apply to all applicants:

• You must be over 18 years of age;
• Your spouse or de facto partner must be an approved sponsor;
• You must meet the relationship, health and character requirements; and 
• You or your family members, including those who have not applied for the visa with the applicant, must not have an outstanding debt to the Australian government. If there is an outstanding debt, it must be paid back or have an approved arrangement in place to pay it back.

An Australian partner visa enables the spouse or de facto partner of an Australian citizen, permanent resident or Eligible New Zealand citizen to live in Australia. Onshore visas are divided into two sub-classes, first a successful applicant is granted a temporary partner visa (820) which allows the holder to live, work and study whilst their permanent partner visa is being processed (801), as well as leave and re-enter Australia as many times as you wish. After 24 months, you may be eligible for a permanent partner visa (801).

Relationship requirements

Married applicants:

If you’re married and your marriage is recognized under Australian law, you must meet the following criteria to be eligible. You and your spouse must be committed to each other exclusively. Your relationship must be genuine and ongoing. You must either live together or not live apart permanently. And finally, you must not be related by family.

De facto partners:

To be in a de facto relationship, you and your partner must not be married to one another but must meet all other relationship criteria listed above. Applicants must provide evidence that they have been in a de facto relationship with their partner for at least 12 months before applying, or that they have registered their relationship with an approved Australian state or territory authority. Not all states and territories have an approved de facto registration scheme.

Partner visas can be applied for either in Australia (onshore partner visa (820/801)), or outside of Australia (offshore partner visa (309/100)). The main difference between onshore and offshore partner visas is the location of the applicant at the time of application and the time the decision regarding the application is made.

Temporary onshore partner visas (820):

Applicants for onshore visas must be in Australia when making the application and when the decision to grant the visa is made, and be sponsored by an approved sponsor. Your sponsor is typically your de facto partner or spouse and must remain your sponsor for the duration of your temporary partner visa (820). As well as being able to live, work, study and travel in Australia, successful applicants may be eligible to enrol in Australia’s public health care scheme as well as include family members in their application.

Temporary offshore partner visa (309):

Offshore partner visa applications must be lodged outside of Australia and can only be granted to an application located outside of Australia at the time the decision is made. In addition to all the benefits of the temporary onshore partner visa (820), temporary offshore partner visas offer eligible successful applicants free English classes provided by the Adult Migrant English Program. Offshore visas are similarly divided into two visa subclasses, an application for a temporary (309) and a permanent (100) offshore partner visa. 

Permanent partner visa (801/100):

Temporary partner visa holders are then reassessed for their permanent partner visa (801) 24 months from the date of their application for their temporary partner visa (820/309). Applications for temporary and permanent visas are typically made on the same application however, additional documentation is required and must be submitted no earlier than one month before the end of the 24-month period.  Applicants must continue to be in a relationship with their spouse or de facto partner who sponsored their initial temporary partner visa. However, in the event that your relationship ends or your partner passes away before a permanent visa is granted, you may still be eligible. Similarly, you may still be eligible if your relationship ends and you have experienced family violence. Once a permanent partner visa (801) is granted, successful applicants become permanent residents and can reside in Australia indefinitely. 

Prospective marriage visa (300) - “Fiance Visa”:

A further subclass of offshore partner visas is a prospective marriage visa (300) which is granted on the basis of an intended marriage an Australian citizen, permanent resident, or an eligible New Zealand citizen. As with offshore partner visas, applications must be lodged outside of Australia and an applicant must be outside Australia at the time of the grant. Prospective marriage visas (300) allow a successful applicant to stay in Australia between 9 and 15 months from the date of the grant of the visa in order to marry your prospective spouse. Prospective marriage visa holders can also work and study in Australia during the course of their visa. Once you have married your partner within the visa period, you are then expected to lodge a combined onshore partner visa (820/801)) application. Holders of a 300 visa pay a reduced application fee for the 820 visa.