Australia partner visa for Chinese nationals
What this visa is
The Australian partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia permanently. It is a two-stage process: the applicant is first granted a temporary visa, then assessed for permanent residence after a waiting period of approximately two years.
Applications can be made from outside Australia (offshore: subclass 309 leading to subclass 100) or from within Australia on a valid status (onshore: subclass 820 leading to subclass 801).
This guide covers the process for Chinese nationals applying to join a partner who is an Australian citizen or permanent resident.
Who can apply
You can apply if you are the spouse or de facto partner of your sponsor:
- Legally married spouses
- De facto partners in a genuine relationship for at least twelve months immediately before applying
You must be aged 18 or over. Your relationship must be genuine and continuing. Both parties must have met in person.
Who can sponsor
The sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, aged 18 or over and not subject to sponsorship bars or character exclusions.
Financial requirement
There is no minimum income requirement for the sponsor. The assessment focuses on the genuineness of the relationship.
Health requirement
All applicants must undergo a health examination with an approved panel physician. Panel physicians for China are available in Beijing, Shanghai, Guangzhou, Chengdu, and other major cities. Use the ImmiAccount health examination locator to find the nearest approved clinic.
Health results are submitted electronically to the Department of Home Affairs. If processing is lengthy, a repeat examination may be required.
Police clearance
Chinese nationals must provide a police clearance certificate from the Public Security Bureau (PSB) at the local or provincial level. Follow the country-specific guidance provided by Home Affairs at the time of application.
You must also provide police clearances from every other country you have lived in for twelve months or more since the age of 16.
Proving your relationship
Home Affairs assesses four aspects of the relationship:
Financial aspects: joint accounts, shared assets, financial interdependence.
Nature of the household: shared address, shared domestic responsibilities, statements from people who know you as a couple.
Social aspects: how the relationship is known to family and friends, photographs together, attendance at family events.
Commitment: communication records, travel history showing visits between Australia and China, future plans together.
Documents needed
Sponsor’s documents:
– Proof of Australian citizenship or permanent residence
– Completed sponsorship form (Form 40SP)
Applicant’s documents:
– Valid Chinese passport
– Civil Affairs Bureau marriage certificate (民政局结婚证) for married couples: the official government-issued marriage registration document
– Household registration record (户口本) as identity and civil status documentation
– Health examination results
– PSB police clearance certificate
– Relationship evidence as described above
If previously married:
– Divorce certificate (离婚证) or death certificate
All documents in Chinese must be accompanied by a certified translation by a NAATI-accredited or equivalent translator.
How to apply
Applications are submitted online through ImmiAccount. Both the sponsor and the applicant complete their sections online.
For offshore applications (309/100), the applicant remains in China while processing occurs. Once the temporary 309 visa is granted, they can travel to Australia. The permanent 100 visa is assessed after approximately two years.
For onshore applications (820/801), the applicant must be in Australia when they apply, holding valid temporary status.
Costs and processing times
Government application fee: AUD $11,710 for the primary applicant, covering both stages.
Additional costs include the health examination, police clearance fees, certified translations, and migration agent fees if applicable.
Processing times for Chinese applicants have historically been lengthy due to high volumes and document verification requirements. Check current processing times on the Home Affairs website before applying.
After approval
Once the temporary visa is granted, the applicant can live, work, and study in Australia. After approximately two years, Home Affairs reassesses the relationship before granting the permanent visa.
As a permanent resident, you can live and work anywhere in Australia. After four years of permanent residence, you may be eligible to apply for Australian citizenship.
FAQs
Does the Civil Affairs Bureau marriage certificate need to be apostilled?
Australia does not require an apostille for documents submitted with visa applications. A certified translation into English by a NAATI-accredited translator is required. Follow the document checklist provided in ImmiAccount at the time of application.
Do Chinese documents need to be translated?
Yes. All documents in Chinese must be accompanied by a certified English translation.
Can I work in Australia on the onshore temporary visa?
Yes. The temporary 820 visa includes full work rights.
What if the relationship breaks down during the waiting period?
You must notify Home Affairs. The permanent visa will generally not be granted unless exceptional humanitarian circumstances, such as family violence, apply.
Is there a right of appeal if refused?
Yes. Refusals can be reviewed by the Administrative Appeals Tribunal (AAT).
Can dependent children be included?
Yes. Dependent children can be included, subject to their own health and character requirements.