Partner visa: Important points & requirements

Partner visa: Important points & requirements

Partner Visa Australia: Important Points & Requirements

The Partner Visa Australia pathway allows the spouse or de facto partner of an eligible Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia temporarily and, where eligible, permanently.

Australia has different Partner visa pathways depending on whether the applicant is inside or outside Australia and whether they are married, in a de facto relationship or intending to marry their Australian partner.

The main Partner visa pathways include:

  • Partner Visa Subclass 820 and 801 – for applicants applying in Australia
  • Partner Visa Subclass 309 and 100 – for applicants applying outside Australia
  • Prospective Marriage Visa Subclass 300 – for eligible applicants who intend to marry their prospective spouse in Australia

The Partner visa process requires applicants to demonstrate a genuine relationship and satisfy the applicable sponsorship, health, character and other Australian migration requirements.

Partner Visa Subclass 820 and 801

The Partner Visa Subclass 820 and 801 pathway is available to eligible spouses and de facto partners who are in Australia when they apply.

The Subclass 820 is the temporary stage, while Subclass 801 is the permanent Partner visa.

Generally, applicants first apply for the combined temporary and permanent Partner visa pathway. The permanent stage is assessed after the applicant becomes eligible under the applicable requirements. The Department states that, in general, two years must have passed since the Partner visa application was lodged before a holder of a temporary subclass 820 can be assessed for the permanent subclass 801.

Partner Visa Subclass 309 and 100

The Partner Visa Subclass 309 and 100 pathway is designed for eligible applicants who are outside Australia when they apply.

Subclass 309 is the temporary/provisional stage that allows an eligible partner to move to Australia and live in Australia temporarily.

Subclass 100 is the permanent stage, allowing the eligible partner to live in Australia permanently.

Prospective Marriage Visa Subclass 300

If you are engaged to an Australian citizen, Australian permanent resident or eligible New Zealand citizen but are not yet married, the Prospective Marriage Visa (Subclass 300) may be an appropriate pathway.

This visa allows an eligible applicant to come to Australia to marry their prospective spouse. After the marriage, the applicant may be able to apply for a Partner visa, subject to the applicable requirements.

The Subclass 300 application must be made while the applicant is outside Australia.

Partner Visa Eligibility Requirements

Partner visa applications are assessed against detailed Australian migration requirements. The exact requirements depend on the visa subclass and your circumstances.

1. Eligible Sponsor

Your partner generally needs to be an:

  • Australian citizen
  • Australian permanent resident
  • Eligible New Zealand citizen

Additional sponsorship requirements can apply, and sponsors may need to provide character information and police certificates.

2. Genuine Relationship

A central part of a Partner visa application is demonstrating that your relationship is genuine and meets the relevant legal requirements.

Evidence can cover different aspects of your relationship, including:

Financial aspects

  • Joint bank accounts
  • Shared household expenses
  • Joint loans or assets
  • Joint bills
  • Financial support between partners

Household arrangements

  • Shared residential address
  • Rental or mortgage documents
  • Shared household responsibilities
  • Joint responsibility for children

Social aspects

  • Photos and social activities together
  • Travel records
  • Invitations
  • Evidence of family and friends recognising the relationship
  • Joint activities and events

Commitment

  • Communication history
  • Evidence of maintaining the relationship while apart
  • Knowledge of each other's personal circumstances
  • Future plans
  • Evidence demonstrating the nature and continuity of the relationship

The Department may consider financial, household, social and commitment aspects when assessing relationship evidence.

3. Marriage or De Facto Relationship

Depending on the visa pathway, you may qualify as:

  • A married couple
  • A de facto couple
  • A prospective married couple for Subclass 300

The applicable legal requirements differ depending on the visa and circumstances.

Applicants should provide evidence that accurately reflects the history and nature of their relationship.

4. Health Requirements

Partner visa applicants generally need to satisfy Australia's health requirements.

The Department may request health examinations during the application process. Health examination results have limited validity, so applicants should follow the Department's instructions about when examinations should be completed.

5. Character Requirements

Applicants must satisfy Australia's character requirements.

The Department may request police certificates and other character documents. Applicants must truthfully declare relevant criminal conduct and provide information requested by the Department.

Partner Visa Application Process

Step 1: Identify the Correct Partner Visa

First determine whether the appropriate pathway is:

  • Subclass 820/801
  • Subclass 309/100
  • Subclass 300

The applicant's location, relationship status and circumstances are important when choosing the appropriate pathway.

Step 2: Prepare Relationship Evidence

Prepare evidence covering the financial, household, social and commitment aspects of your relationship.

Strong applications should present a clear and consistent history of the relationship rather than relying only on photographs or a small number of documents.

Step 3: Prepare Sponsor Documents

The sponsor may need to provide identity, citizenship or residency evidence and relevant character documents.

Step 4: Lodge the Application Online

Partner visa applications are generally lodged online through ImmiAccount. The Department recommends providing the required supporting information and documents with the application to help avoid unnecessary delays.

Step 5: Complete Health and Character Requirements

Complete requested medical examinations, police checks and other requirements within the timeframe provided by the Department.

Step 6: Respond to Department Requests

The Department may request additional information or evidence during processing. Applicants should monitor their ImmiAccount and respond within the specified timeframe.

Step 7: Temporary Partner Visa Stage

Depending on your pathway, you may first receive a temporary or provisional Partner visa.

For the onshore pathway, this is generally Subclass 820. For the offshore pathway, it is generally Subclass 309.

Step 8: Permanent Partner Visa Stage

Once you become eligible for permanent Partner visa assessment, the Department can assess the permanent stage.

For applicants holding Subclass 820, this is generally Subclass 801. For Subclass 309 holders, the permanent stage is generally Subclass 100.

Partner Visa Relationship Evidence

Providing comprehensive relationship evidence is one of the most important aspects of a Partner visa application.

Useful evidence may include:

  • Joint bank statements
  • Joint lease or mortgage documents
  • Household bills
  • Shared expenses
  • Travel records
  • Photos from significant events
  • Correspondence and communication
  • Evidence of meeting each other's family and friends
  • Joint social activities
  • Evidence relating to children
  • Statutory declarations where appropriate
  • Evidence of future plans together

The evidence should be genuine, consistent and relevant to your relationship history.

Partner Visa Processing Times

Partner visa processing times can be lengthy and vary between applications.

The Department's current processing information states that Partner visa applications are processed according to Ministerial Direction 117, with onshore Partner visa applications generally receiving the highest priority among Partner visa applications. Offshore Partner visa applications, including Subclasses 309 and 100, may receive lower priority.

Processing times are affected by factors including:

  • Application completeness
  • Supporting evidence
  • Health and character checks
  • Requests for additional information
  • Number of applications received
  • Program priorities
  • Individual circumstances

Applicants should not rely on a guaranteed processing timeframe.

What Happens If Your Relationship Changes?

A relationship ending does not necessarily mean that every Partner visa application must automatically end.

There are specific circumstances where an applicant may still be eligible for permanent residence, including certain cases involving:

  • Domestic or family violence
  • Death of the sponsoring partner
  • A child of the relationship and relevant parental circumstances

Australia has Family Violence Provisions that can protect certain Partner visa applicants and holders in qualifying circumstances.

If your relationship has ended, you should obtain professional immigration advice before withdrawing an application or taking action that could affect your visa status.

Partner Visa Benefits

Depending on the visa stage and individual circumstances, a successful Partner visa pathway can allow an eligible partner to:

  • Live in Australia
  • Work in Australia
  • Study in Australia
  • Live with their Australian partner
  • Progress from a temporary/provisional visa to permanent residence
  • Include eligible family members where permitted
  • Potentially become eligible for Australian citizenship after satisfying separate citizenship requirements

The permanent Partner visa stages—Subclass 801 and Subclass 100—provide permanent residence in Australia.

Partner Visa and Australian Permanent Residency

The Partner visa pathway can provide a route from a temporary or provisional Partner visa to Australian permanent residency.

However, permanent residence is not automatic. The applicant must satisfy the requirements for the permanent Partner visa stage and continue to meet the applicable conditions.

Why Choose The Visa for Partner Visa Assistance?

Partner visa applications require careful preparation of relationship evidence, sponsorship documents and supporting information.

At The Visa, we can assist with understanding the appropriate Partner visa pathway, assessing relationship circumstances, preparing supporting evidence and guiding applicants through the application process.

Whether you are applying from Australia or overseas, professional guidance can help you understand the requirements that apply to your circumstances.

Planning to apply for a Partner Visa Australia? Contact The Visa for professional guidance on Subclass 820/801, Subclass 309/100 or Prospective Marriage Visa Subclass 300.

Australian Partner visa requirements, processing priorities, fees and policy settings can change. Always check the latest Department of Home Affairs requirements before lodging an application.