Convert Visitor Visa to Partner Visa in 2024 with 7 Easy Steps

Posted by ONEderland Consulting on March 20th, 2024

Seven Steps on Converting Your Australian Visitor Visa to a Partner Visa

Sometimes things happen out of our plan or expectation. It happens to most of my clients where they enjoy their short holiday in Australia with their partner on a Visitor Visa, and out of their expectation, their partner pops the question. They are absolutely happy and excited to begin their journey as a married couple, but long-distance marriage does not sound good. With this situation, they come to me asking for the best way so they can live happily together in Australia, like converting Visitor Visa to Partner Visa Australia.

You can convert your Tourist Visa to Partner Visa Australia, but you have to pass some steps. It includes checking your eligibility, gathering all required documents, translating your documents, etc. I have provided the seven easy steps to convert your visitor visa to a partner visa below.

1. Check Your Eligibility for Partner Visa Australia
2. Check If You Have a ‘No Further Stay’ Condition and Extend Your Visitor Visa
3. Have a Wonderful Wedding or Register Your Relationship
4. Get Ready and Gather All Documents to Apply for Your Partner Visa
5. Get Your Documents Translated into English
6. Apply for Your Temporary Partner Visa
7. Wait for Your Partner Visa to be Approved

Step One: Check Your Eligibility for Partner Visa Australia

The very first step to do is check whether you are eligible for the Partner Visa or not. The eligibility criterias for the Partner Visa Australia application are:

• Be above 18 years old;
• Be in a married or de facto relationship with an Australian citizen or Australian permanent resident or eligible New Zealand citizen;
• You have not had an Australian visa cancelled or an application refused;
• You and your partner must both be committed to a shared life together to the exclusion of all others;
• Your relationship with your partner must be genuine and continuing;
• You must live with your partner or not live apart on a permanent basis;
• Your partner must be approved by the Department of Home Affairs as your sponsor;
• You must meet the health and character requirements.

Step Two: Check If You Have a ‘No Further Stay’ Condition and Extend Your Visitor Visa

Moving to the second step, I assume that you have met the eligibility criteria for the Australian Partner Visa.

Next, you have to understand the condition 8503 or No Further Stay Conditions. Australian visitor visas can be issued for up to 12 months but in most cases they’re granted for three months and in many cases there’s a ‘no further stay’ condition included. So be sure to check whether your current visitor visa has this condition. If it does, don’t worry because you can apply for a waiver or if you would prefer to have me do it for you, it’s no problem at all.

Another thing to note is that you have to make sure that you have enough time with your visa validity period. If you’re not confident to lodge the Partner Visa within the validity period left, you can consider extending your Visitor Visa first.

You can’t state that your intention is to apply for a partner visa. As that means you are not meeting genuine temporary entrance requirements. If you still have enough time to get married before your visitor visa expires, you can do this and register your marriage as soon as possible.

Step Three: Have a Wonderful Wedding or Register Your Relationship

With your visitor visa extension done, you can focus on what really matters – planning your special day! I hear so many wonderful stories from my clients about their wedding, I’m sure your stories will be amazing too!

At this point I should probably answer a common question: “can I get a partner visa without getting married?”. The answer is yes, but you have to be in a de facto relationship, which means you must have been living with your partner for a year. However, considering that you’ve been in a long-distance relationship this far, I’m afraid the chance of meeting the criterion for de facto relationship is very low.

If you and your partner prefer to lodge the Partner Visa application as a de facto partner, you can consider registering your relationship to the state government. It can be done in most Australian states and territories, except for the Western Australia.

Step Four: Get Ready and Gather All Documents to Apply for Your Partner Visa

Okay, so you’re now married or maybe registered your relationship with the State Government. Now, it’s time to focus on getting your partner visa application.

The partner visa application is a two-stage process where you will first be granted a temporary visa. Generally, you need to wait for 2 years after the temporary partner visa lodgement to be able to apply for a permanent partner visa that entitles you to live in Australia indefinitely.

You’ll need to provide the Department of Home Affairs with documents for your identity, and any previous marriages, and you’ll need to get a police certificate from your home country. These documents may take some time to obtain, which is another reason why you should apply for a long extension of your visitor visa before you get married.

The real challenge though is creating a compelling picture of your relationship to prove to the Department of Home Affairs that it’s genuine and please don’t think that just having a marriage certificate is the answer. You will need to give as much detail as possible explaining all aspects of your relationship including:

• How, when and where you first met.
• How the relationship developed.
• When you moved in together, got engaged and married.
• What you do together and with others as a couple.
• The time you spent apart.
• Significant events in the relationship.
• Your plans for the future.
• How you share financial and domestic matters.

Step Five: Get Your Documents Translated into English

If English is not the language of your home country, then any documents that you need to include in your application have to be translated into English. This can be done either in Australia or in your home country and remember that there will be a cost involved that you will have to budget for.

If you are looking for a certified translator, you can find them here.

Step Six: Apply for Your Temporary Partner Visa

Now that you’ve done all the hard work, all that’s left to do is lodge your subclass 820 Partner Visa (Temporary). As with all visa applications, you must prove your identity and provide true information with your application.

You need to apply and pay the visa fee on the Department of Home Affairs’ ImmiAccount website and be sure to keep a record of your Transaction Reference Number as your Australian partner will need it for their sponsorship application. Your ImmiAccount is also where you’ll receive any requests for further information.

Step Seven: Wait for Your Partner Visa to be Approved

Once you have lodged your application, you should keep uploading documents to show that your relationship is genuine and continuing. You can do this on a monthly basis to keep the Department of Home Affairs updated about your relationship.

Also, you must pay close attention to your application progress. Check your email and your Immi Account regularly as the Department of Home Affairs might request for further information or documents, for example, requesting you to do a health examination or provide a police certificate from your home country. Ensure to complete any requests within the deadline.

How Much Money You Need To Prepare

Roughly you need to prepare the funds for the Partner Visa Application Charge and other fees, with details:

• Partner Visa application charge (payable to the Department of Affairs): AUD 8,850
• Partner Visa application charge for additional applicants above 18 years old: AUD 4,430
• Partner Visa application charge for additional applicants under 18 years old: AUD 2,215
• Health examination: AUD 350 (according to the type of examination)
• Police certificate: check it with your country’s police department
• Documents translation: check it with your translator

Additional charge is applicable only if you have any dependents joining your Partner Visa application.