Partner Visa Australia: Eligibility and Process (820, 801, 309)

A partner visa in Australia lets the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia, and it can lead to permanent residence. The Department of Home Affairs groups the visas into two pathways, and which one applies usually depends on where the applicant is when they apply. This article explains the main requirements and the usual steps in plain English.

Which partner visa applies to you?

Home Affairs describes two main pathways, each with a temporary stage followed by a permanent stage.

• Onshore: the applicant is in Australia when they apply. The Partner visa (subclass 820) is the temporary stage and the Partner visa (subclass 801) is the permanent stage.
• Offshore: the applicant is outside Australia when they apply. The Partner (Provisional) visa (subclass 309) is the first stage and the Partner (Migrant) visa (subclass 100) is the permanent stage.

In most cases, one application covers both stages. The permanent visa is generally considered after the applicant has held the temporary or provisional visa for a period set by the Department, so it is worth checking the current timing on the Home Affairs website.

Who can sponsor?

The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. The sponsor must also be approved by the Department and give certain undertakings. Sponsorship can be refused in some circumstances, including where the sponsor has particular criminal convictions or has previously sponsored another partner within restricted time limits. Because these rules are detailed, sponsors should check their own position early.

Core eligibility requirements

Under the Migration Act 1958 and the Migration Regulations 1994, the applicant must show that they are in a genuine and continuing relationship with the sponsor to the exclusion of all others. The relationship must be either a marriage or a de facto relationship.

• Married couples: the marriage must be valid under Australian law, and the Department will still assess whether the relationship is genuine.
• De facto couples: the couple must generally have lived together on a genuine domestic basis. There is usually a requirement that the de facto relationship has existed for at least 12 months before applying, unless an exception applies (for example, the couple has registered the relationship with an Australian state or territory authority). Check the current rules for your situation.
• Health and character: applicants must generally meet health requirements and provide police certificates from countries where they have lived for specified periods.
• Other criteria: the applicant must meet public interest and other criteria, and some applicants must not hold a visa with a "no further stay" condition.

Evidence of a genuine relationship

Home Affairs looks at the whole relationship, not just one document. Decision-makers typically consider four broad areas.

• Financial aspects: for example, joint bank accounts, shared bills, or joint ownership or lease of property.
• Nature of the household: where you live, how you share responsibilities and whether you share the household.
• Social aspects: how others see you as a couple, such as statements from friends and family and photos together over time.
• Commitment: your knowledge of each other's personal circumstances, your future plans and how you communicate when apart.

Statutory declarations from the applicant, the sponsor and people who know the couple are commonly used. Documents not in English generally need certified translations.

The application process

1. Confirm the correct pathway (onshore or offshore) and that both partners are eligible.
2. Gather identity, relationship, character and health documents.
3. Lodge the application, which includes the sponsorship component, through ImmiAccount and pay the application charge.
4. Complete health examinations and provide police certificates when requested.
5. Respond to any request for further information within the time given.
6. Receive a decision on the first stage, then later be assessed for the permanent stage.

Onshore applicants are usually granted a bridging visa while the application is processed, which generally allows them to stay in Australia. Processing times vary and Home Affairs publishes indicative timeframes on its website. Visa application charges also change, so check the current amount before lodging.

Family violence provisions

If a relationship ends because of family or domestic violence, special provisions may allow an applicant to continue with the application and still be considered for permanent residence. Applications may also continue in some situations where the sponsor has died or where the parties share parental responsibility for a child. These provisions have specific evidence requirements, and legal advice is strongly recommended.

Common problems to avoid

• Lodging with thin evidence that covers only one aspect of the relationship.
• Inconsistencies between the documents, declarations and any earlier visa applications.
• Overlooking sponsor eligibility issues or the need for character documents.
• Letting a current visa expire or breaching its conditions while waiting.

Partner applications often involve a lot of personal information, and small mistakes can cause delay or refusal. Getting advice before you lodge can help you choose the right pathway and present your evidence clearly. No one can promise a particular outcome, as each application is decided on its own facts.

Frequently Asked Questions

How long does a partner visa take?

Processing times vary depending on the pathway, the Department's workload and how complete your application is. Home Affairs publishes indicative processing times for each visa, which are a guide only.

Can I work and study on a partner visa?

Onshore applicants are generally granted a bridging visa while waiting, and temporary partner visa holders generally have work and study rights. Conditions can differ between visas, so check the conditions on your grant notice.

Do we have to be married to apply?

No. A genuine de facto relationship can also qualify, including a same-sex relationship. De facto couples usually need to show a 12-month relationship unless an exception, such as relationship registration, applies.

What if my partner visa is refused?

Depending on the visa and your circumstances, you may be able to seek review at the Administrative Review Tribunal within strict time limits. Seek advice quickly if you receive a refusal.

This article is general information only and is not legal advice. Laws and processes change, and every situation is different. Speak to a lawyer about your circumstances before you act.