Which partner visa is right for you?
Australian partner visas allow the spouse, de facto partner, or fiancé(e) of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia. Which visa you apply for depends mainly on where you are when you apply and whether you are already married, in a de facto relationship or engaged.
Onshore: Subclass 820/801
For couples where the applicant is in Australia when applying. If you hold a substantive visa when you apply, you will usually be granted a bridging visa so you can stay in Australia while your application is processed.
Offshore: Subclass 309/100
For applicants who are outside Australia when applying. You can be in or outside of Australia for a decision. There is no default bridging visa. Once it is granted, you can travel to and live in Australia.
Prospective Marriage: Subclass 300
For couples who are engaged and plan to marry in Australia. You apply from outside Australia, marry within the visa validity period (generally 9–15 months from grant), and then apply for an onshore partner visa.
Read more: Prospective Marriage Visa (Subclass 300).
Who can apply
- Your relationship: you are married to, or in a de facto relationship with, your sponsor (or engaged, for the Prospective Marriage visa). The relationship must be genuine and continuing, and you must share a life together to the exclusion of all others.
- De facto couples: you generally need to have been in the de facto relationship for at least 12 months before you apply. There are exceptions, for example if your relationship is registered with an Australian state or territory registry, or where compelling and compassionate circumstances apply.
- Your sponsor: an Australian citizen, Australian permanent resident or eligible New Zealand citizen who meets the sponsorship requirements (see below).
- Health and character: you and any family members included in the application must meet the health and character requirements, the integrity requirement known as PIC 4020 and other criteria.
How the two stages work
Onshore and offshore partner visas are applied for as one combined application for a temporary visa and a permanent visa, with one government application charge.
- Temporary visa (820 or 309). Decided first. It lets you live, work and study in Australia.
- Permanent visa (801 or 100). Usually assessed around two years after you first applied. You provide updated evidence that your relationship is continuing.
If you have been in a long-term relationship when you apply (generally three years or more, or two years if you have a dependent child together), you may be eligible to be considered for the permanent visa straight away.
The four pillars of relationship evidence
Most partner visa refusals come down to evidence. The Department of Home Affairs looks at your relationship across four areas, so a strong application shows each of them clearly and consistently:
- Financial: joint bank accounts, shared bills and expenses, joint leases or property, financial support for each other.
- Household: living together, shared responsibility for household tasks, correspondence to the same address.
- Social: being known as a couple by family and friends, joint travel and social activities, statements from people who know you.
- Commitment: your knowledge of each other, time spent together and contact while apart, and your plans for a shared future.
Gaps, inconsistencies between documents, or information that conflicts with earlier visa applications are common triggers for further requests from the Department, and can raise PIC 4020 concerns. We review your evidence before lodgement to find and address these early.
Sponsor requirements
- Your sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and is usually 18 or older.
- Sponsors are assessed, including police checks, and there are restrictions on sponsors with certain criminal convictions, particularly offences involving children or violence.
- There are limits on how often a person can sponsor a partner: generally no more than two partners in a lifetime, and not within five years of a previous sponsorship, unless a waiver applies.
Read more: What if the sponsor for my partner visa has a significant criminal record?
Complex partner visa cases we handle
Many partner visa applications are straightforward. Some are not. Tatsiana Pustavoit specialises in the issues that cause refusals and delays:
- Schedule 3: applying onshore while you hold a bridging visa or no visa. You must show additional compelling reasons that exist for the grant of the visa. About Schedule 3.
- PIC 4020: concerns that information or documents given to the Department (now or in a past application) were false or misleading, or the document was bogus. This can lead to refusal and an exclusion period. About PIC 4020.
- “No further stay” conditions (8503): if your current visa has this condition, you generally cannot apply for a partner visa onshore unless the condition is waived.
- Previous refusals or cancellations: including requests for more information, s.56 and s.57 letters, and merits review at the Administrative Review Tribunal (ART). S.56 and S.57 letters · ART appeals.
- If the relationship ends: in some circumstances, such as family violence, the death of your sponsor, or where there is a child of the relationship, you may still be able to be granted the permanent visa.
- Including children: dependent children and, in some cases, adult children. Including an adult child in a partner visa application.
Costs and processing times
The government visa application charge covers both the temporary and permanent stages, and extra charges apply for each additional family member. The charges change on 1 July each year, so always check the current amount with the Department’s Visa Pricing Estimator. Processing times vary and are published on the Department’s visa processing times page.
Our professional fees are quoted after your strategy session, once we understand your situation. See our fees.
How we help
- Strategy session: we assess your relationship history, visa history and options, and identify risks before you apply.
- Evidence review: we check every document against the four pillars and check consistency with your previous applications.
- Application and submission drafting: we prepare and lodge your application with a clear written submission (where one is necessary).
- Ongoing support: we manage requests from the Department, natural justice letters and guide you on the responses.
Frequently asked questions
Do we need to be married?
No. De facto couples can apply, generally after at least 12 months in the de facto relationship. Engaged couples outside Australia can apply for the Prospective Marriage visa (and, in some cases, for an offshore partner visa).
Can I apply onshore if my visa has a “no further stay” condition?
Generally not, unless the condition is waived. Waivers are only available in limited circumstances, so get advice before your current visa expires.
What if I am in Australia without a valid visa?
You may still be able to lodge the application onshore, but Schedule 3 criteria will usually apply and you will need to show compelling reasons. These cases need careful preparation. Read about Schedule 3.
What if there was a problem with a previous visa application?
Information from earlier applications is checked against your partner visa application. If anything was incorrect, it can raise PIC 4020 concerns. It is far better to address this before lodging than in response to a natural justice letter. Read about PIC 4020.
What happens if our relationship ends before the permanent visa is granted?
Usually the application cannot continue, but there are exceptions, including family violence, the death of your sponsor, and where you share a child of the relationship. Contact us for confidential advice.
Talk to a Registered Migration Agent
A partner visa strategy session with Tatsiana Pustavoit (MARN 1800880) gives you a clear pathway, the risks to address and the next steps. Only the Department of Home Affairs can decide a visa application, and no outcome can be guaranteed.