Australia is a place of choice for couples with aspirations to form a future. A Partner Visa can be applied for by Australian spouses, permanent residents or eligible NZ citizens to live in Australia while taking steps to be granted permanent residency.
A common one that applicants ask is, “Can I get Partner Visa to work in Australia?” The great thing is that the majority of Partner Visa holders have wide work rights. But, there are some legal guidelines and restrictions that you should be aware of.
What Is an Australia Partner Visa and How Does It Work?
For those in a genuine relationship with an eligible sponsor, Partner Visas are offered in Australia.
There are several common Partner Visa pathways, the most popular of which are:
- This is a subclass 801 visa, also known as a Partner Visa – Permanent
- Partner Visa (Subclass 309) – Temporary (offshore)
- A Partner Visa (Subclass 100) is a permanent visa that is granted to a partner of a permanent visa holder who is living overseas.
When a Temporary Partner Visa is granted, most of the time, the visa holders will be granted a wide range of rights to live, work and study in Australia.
Can You Work in Australia on a Partner Visa?
Yes. One of the greatest benefits of a Partner Visa is that typically it provides unlimited working rights.
This means you can:
- Work full-time
- Work part-time
- Work casually
- Be self-employed
- Get involved in the business world!
- Switch jobs as often as you like!
- A wide variety of jobs within industries
Partner Visa holders usually will not be restricted on the number of hours they can work, as some of the temporary visas are.
What You Can Legally Do on an Australia Partner Visa
1.Work for Any Employer Across Australia
Partner visa holders are able to work for nearly any employer in Australia.
You are free to:
- Go on job searches throughout Australia!
- Engage in labor in private enterprises
- Serve in retail, hospitality, health care, construction, or other industries
- Switch jobs without visa clearance.
This will allow many migrants to find jobs in the Australian workforce early.
2. Works full-time without Hour Limits
There are limitations on working hours for students on a student visa.
However, Partner Visa holders can:
- Work full-time
- Take overtime shifts
- Have more than one job at a time.
There is no limit to the hours of work.
3. Start Your Own Business or Work as a Freelancer
Create a career path by starting your own business.
When applying for a Partner Visa you may wish for it to enable you to:
- Register a business
- Become an entrepreneur/manager of a business.
- Open a company
- Offer freelance services
This is a great time for many migrants to get on to their business or consulting careers.
4. Study While Working in Australia
Otherwise, partner visa holders may be able to study in Australia also.
This allows you to:
- Gain Australian qualifications
- Improve career prospects
- Complete vocational courses
- Pursue university degrees
Partner Visa holders do not typically have work-hour restrictions while studying, unlike international students.
5. Access Australian Workplace Rights and Protections
When working in Australia, Partner Visa holders are protected by Australian workplace laws.
You have rights relating to:
- Minimum wages
- Fair working conditions
- Safe workplaces
- Paid leave entitlements (where applicable)
- Workplace discrimination protection:
Australian employment laws apply to employers no matter what country you are from.
What You Cannot Legally Do on a Partner Visa
Partner Visa holders have a wide range of work visa rights but there are some restrictions.
1. Do Not Work Without Following Australian Employment Laws
You can’t ignore the Australian employment laws just because you have a job.
You must:
- Pay taxes
- Get a Tax File Number (TFN)
- Follow workplace laws
- Ensure licensing requirements are met as needed
Failure to meet the legal requirements may result in penalties.
2. Work in Licensed Occupations Without Approval
Registration or licensing is necessary for some occupations before you are able to legally practice.
Examples include:
- Doctors
- Nurses
- Teachers
- Electricians
- Plumbers
- Real estate agents
In some cases, working in these occupations will require Australian accreditation even with a Partner Visa.
3. Give false information to employers
It is illegal to:
- Use fake qualifications
- Misrepresent work experience
- Submit fraudulent documents
Employers in Australia tend to do background and qualification checks.
4. Avoid Breaching Your Partner Visa Conditions
While most Partner Visas permit unlimited work rights, visa holders will be required to follow all visa requirements.
You should:
- Inform immigration authorities of major changes, where necessary
- Maintain accurate records
- Follow Australian laws
If there is a serious breach, it could have an impact on your immigration status.
5. The infraction is deemed illegal activities
Partner Visa holders are not allowed to engage in illegal work activities, as any worker in Australia.
This includes:
- Tax fraud
- Cash-in-hand arrangements which are not taxable.
- Unlicensed business activities
- Employment that breaches Australian law
Make sure that the work arrangements are legal and documented.
Essential Steps Before You Start Working in Australia
Before you begin your work, these are key steps to take.
Prior to taking up a job in Australia it is recommended to undertake the following:
1. Get a Tax File Number (TFN)-
A TFN assists the employers in processing your salary and tax correctly.
2. Open an Australian Bank Account-
The majority of employers pay wages into an Australian bank account.
3. Update Your Resume-
An Australian-style resume may be different to what is used in India and other countries.
4. Verify Professional Requirements-
If your job requires you to be registered or licensed, please verify with the appropriate Australian authority before undertaking work.
Key Benefits of an Australia Partner Visa
A Partner Visa offers many migrants a great deal of flexibility in their career, offering:
- Unrestricted work rights
- The freedom to switch jobs.
- A large number of industries to access.
- Opportunities for self-employment
- Pathways to permanent residency
- Improved long-term career planning.
The benefits of the Partner Visa make it one of Australia’s most attractive visa options to migrate.
Final Thoughts
A Partner Visa offers much more than the opportunity to live with your spouse or partner in Australia. It also offers great work rights, so you can develop a career, acquire Australian work experience and make a contribution to the economy.
The majority of Partner Visa holders are eligible to work full-time, to set up businesses, to study and to have the same rights as Australian workers at work. But, employment regulations, tax obligations and any professional licensing rules that apply to your employment may need to be adhered to.
If you are looking to apply for a Partner Visa or simply require assistance on determining your eligibility and work rights, professional migration advice can assist you in the process and help you steer clear of costly errors.
E2VS Migration supports partner visa applications, compliance and acts as a guide for migration pathways so that individuals and families can make informed decisions about their future in Australia.