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Partner Visas

Overview

✦Partner Visas — Helping Couples Build Their Future in Australia

The Australian partner visa program allows Australian citizens, permanent residents, and eligible New Zealand citizens to sponsor their spouse or de facto partner to live, work, and build a life together in Australia.

The process is generally consists of two stages — a temporary visa (stage one) followed by a permanent visa (stage two). Applicants must demonstrate that their relationship is genuine and continuing by providing evidence of their financial arrangements, shared household, social recognition, and mutual commitment.

The Three Pathways

Applying from outside Australia — Subclasses 309 and 100

The Subclass 309 (temporary visa) is available to applicants who are outside Australia when they lodge their application. Approximately two years after the initial application, the Department of Home Affairs assesses eligibility for the Partner Visa (Subclass 100). If the relationship remains genuine and continuing, the permanent visa may be granted. Applicants in long-term relationships (generally three years, or two years where there is a dependent child of the relationship) may be eligible for immediate assessment for the permanent visa.

Applying from within Australia — Subclasses 820 and 801

The Partner Visa (Subclass 820) is the temporary stage of the onshore partner visa pathway and is available to eligible applicants who are in Australia when they lodge their application. The Partner Visa (Subclass 801) is the permanent stage and is generally assessed around two years after the original application, provided the relationship remains genuine and continuing.

Engaged to be married — Prospective Marriage Visa (Subclass 300)

The Prospective Marriage Visa (Subclass 300) allows an applicant to travel to Australia to marry their Australian citizen, permanent resident, or eligible New Zealand citizen fiancé or fiancée. The marriage must generally take place during the visa validity period, which is usually between 9 and 15 months from the date the visa is granted. After the marriage, the applicant may apply in Australia for the Partner Visa (Subclasses 820 & 801).

Eligibility Requirements

To be eligible for a partner visa, the following conditions must generally be satisfied:

⭐ The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen who is at least 18 years of age.

⭐ The applicant and sponsor must be in a genuine and continuing married or de facto relationship.

⭐ De facto partners must generally have been in the relationship for at least 12 months before lodging the application (unless an exemption applies, such as a registered relationship).

⭐ Both parties must generally be at least 18 years of age (subject to limited exceptions).

⭐ The sponsor must be eligible to sponsor the applicant. Sponsorship limitations apply, including restrictions on the number of partner sponsorships that may be approved.

⭐ The applicant must satisfy the relevant health and character requirements.

Demonstrating a Genuine Relationship

The Department of Home Affairs assesses partner visa applications across four key areas. A strong application should provide consistent, well-documented evidence in each category.

Financial Aspects

Evidence of a shared financial life, including joint bank accounts, shared household expenses, jointly owned assets or liabilities, and financial support provided to one another.

Nature of the Household

Evidence of living arrangements, including lease agreements, property ownership, utility accounts, and the way household responsibilities are shared.

Social Aspects

Evidence that the relationship is recognised by family, friends, and the wider community, including statutory declarations (Form 888), invitations, photographs, joint travel, and participation in social activities.

Nature of the Commitment

Evidence demonstrating the duration of the relationship, future plans together, knowledge of each other's lives, and a mutual commitment to a shared life to the exclusion of all others.

Review Rights

If a partner visa application is refused, the applicant may have the right to apply for merits review before the Administrative Review Tribunal (ART). Strict time limits apply, and review rights will depend on the circumstances of the refusal. It is important to obtain legal advice as soon as possible after receiving a refusal decision.

Frequently Asked Questions

Can I apply for a partner visa if we are not married?

Yes. Australia recognises both married and eligible de facto relationships for partner visa purposes. In most cases, de facto couples must have been in the relationship for at least 12 months before lodging the application, unless an exemption applies, such as a registered relationship.

How do we prove our relationship is genuine?

The Department assesses your relationship across four areas: financial arrangements, the nature of your household, social recognition of the relationship, and your mutual commitment to a shared life. Providing clear, consistent, and well-organised evidence across each category is essential.

Can I apply while on a visitor visa?

In some circumstances, yes. However, your ability to lodge a partner visa application while in Australia will depend on your current visa conditions, including whether your visa is subject to a 'No Further Stay' condition. We can advise you on the options available based on your individual circumstances.

How long does a partner visa take?

Processing times vary depending on the type of application, the complexity of the matter, and the Department of Home Affairs' processing times. While some applications are finalised more quickly, others may take considerably longer..

Can I include my children in my partner visa application?

In many cases, dependent children can be included in a partner visa application if they meet the relevant legal requirements. The eligibility of each child will depend on their age, dependency, and individual circumstances.

Do I need to be living together to apply for a partner visa?

Not necessarily. While living together is often strong evidence of a genuine relationship, there are circumstances where couples may live apart due to work, study, family commitments, or immigration restrictions. What is important is demonstrating that your relationship is genuine and continuing.

What happens if my relationship changes after I lodge my application?

Every situation is different. If there is a significant change in your relationship after lodging your application, it is important to obtain legal advice as soon as possible. Your obligations and visa options will depend on your individual circumstances.

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Take the First Step with Confidence

Applying for a partner visa is an important milestone. We provide practical legal advice and personalised representation tailored to your circumstances, helping you navigate the process with clarity and confidence.