What Are the Changes to the Australian Partner Visa?

Summary

• Effective 1 July 2024, amendments to Australia’s partner visa regulations unified Subclass 309 (offshore) and Subclass 820 (onshore) applications, aligning rights across both subclasses and simplifying access to relationship cessation provisions.
• Applicants whose relationships have broken down due to family and domestic violence (FDV) now have improved protections, including Subclass 309 applicants no longer needing to be onshore at the time of decision if FDV caused the relationship breakdown, provided they were in Australia at the time of application.
• Partner visas have no age or income restrictions and allow eligible applicants to live in Australia with their spouse or de facto partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen.
• This article is a guide to partner visa changes for individuals in Australia, explaining the 2024 amendments to partner visa regulations and their impact on applicants affected by family and domestic violence.
• LegalVision is a commercial law firm that specialises in advising clients on immigration law and visa applications.

Tips for Businesses

If sponsoring an employee or family member on a partner visa, begin the application process several months before the current visa expires to avoid the applicant needing to leave Australia during processing. Gather comprehensive relationship evidence early, including joint financial documents, shared living arrangements, and statutory declarations from both partners and witnesses.

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On this page

• What Was the Former Process?
• What Are the New Rules?
• How Will the New Regulations Affect Me?
• Key Takeaways
• Frequently Asked Questions

A partner visa allows you to live in Australia with your spouse or de facto partner, and recent changes have made the process simpler and more accessible. Effective 1 July 2024, new amendments unified the various subcategories of the partner visa and strengthened protections for those affected by family and domestic violence.

If you are in a committed relationship with an Australian citizen, Australian permanent resident or an eligible New Zealand citizen (sponsoring partner), you may be eligible for a partner visa. A partner visa allows you to live in Australia with your spouse or partner. Unlike many employer-sponsored or skilled visas, there are no age or income restrictions for applying for a partner visa. This article will explore the key changes to partner visa regulations and how they might impact you.

What Was the Former Process?

Under the former partner visa system, you and your sponsoring partner must have applied together. You could apply for a partner visa from overseas (under visa subclasses 309 and 100) or within Australia (under visa subclasses 820 and 801). 

At the ‘time of application’, you and your sponsoring partner had to prepare evidence to demonstrate that your de facto or spousal relationship was genuine and continuing. The Department of Home Affairs (DOHA) focused on your character background, including any criminal history and the genuineness of your relationship. Your partner’s background was also considered.

If you were in Australia on a valid visa, once you lodged a partner visa, you automatically received a bridging visa. This bridging visa allowed you to remain in Australia after your visa expired and until your partner visa was finalised. In many cases, a Bridging visa allowed you to:

• work in Australia;
• study in Australia; and
• access Australian healthcare.

Family and Domestic Violence Under the Old Regulations

The previous regulations granted your 820/309 application if you met one of the criteria under the ‘relationship cessation provisions’, such as if there were instances of Family and Domestic Violence (FDV). The full list of cessation provisions was: 

• where the sponsoring partner has died;
• where the visa applicant has custody or joint custody of the child, or access to at least one child in respect of whom the sponsoring partner:
  • has been granted joint custody or access by a court; or
  • has a residence order or contact order 
  • has an obligation under a child maintenance order; 
  • or any other formal maintenance obligation; and 
• where the visa applicant (or a member of their or their sponsoring partner’s family unit) has experienced family violence perpetrated by the sponsoring partner.

The new regulations have made amendments to the current regulations to create unity among the visa offerings and heighten the focus on the background of applicants. In its overall migration strategy, the government is looking to take a firmer stance on FDV. This is evident in the restrictions on overseas applicants with a background in FDV and the ease of access to Partner Visas when the relationship has broken down due to FDV. 

What Are the New Rules?

The Australian Parliament approved the Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Act 2024 on 20 June. The regulations officially came into force on 1 July.

The first significant change is that applicants of Subclass 309 no longer need to be onshore at the ‘time of decision’ if the relationship has broken down due to domestic and family violence. However, if you are attempting to claim this provision, you must have been in Australia at the ‘time of application’ of your partner visa.

The second major change is that Subclass 309 and 820 applicants are to have more aligned rights. Both 309 and 820 have complete access to rights granted for cessation of a relationship, specifically due to family or domestic violence. Furthermore, both subclasses no longer have to prove ties to Australia if the sponsor has died.  

Another change within the alignment process is that the 309 and 820 visas may be applied onshore or offshore. 

How Will the New Regulations Affect Me?

The new rules simplify the current regulations on FDV as the government looks to take a strong stance against crime. Further leniencies and provisions are available to those who have experienced acts of violence as the partner visa process will become easier to understand. 

Overall, we believe that the new regulations are an exercise by the government in simplification as part of their New Migration Strategy. Partner visas were among many others that the federal government has examined and altered to either tighten measures or simplify them. 

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Key Takeaways

With the new partner visa regulations, the differences between the 309 and 820 are simplified. The government is also creating a more straightforward pathway to access the cessation provisions for applicants applying for the 820/309 whose relationship has broken down due to FDV. If you are applying from within Australia, you need to ensure that you start the process several months before your current visa expires. This will avoid the need for you to leave Australia while the government is processing your partner visa application. 

If you have any questions about Australian partner visas, LegalVision provides ongoing legal support for all businesses through our fixed-fee legal membership. Our experienced immigration lawyers help businesses manage contracts, employment law, disputes, intellectual property, and more, with unlimited access to specialist lawyers for a fixed monthly fee.  To learn more about LegalVision’s legal membership, call 1300 544 755 or visit our membership page.

Frequently Asked Questions