Living with your partner in Australia is probably one of your biggest dreams! A Partner Visa in Australia is the primary pathway for the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia.
This visa acknowledges genuine, committed relationships and is your first step towards permanent residency. However, the application process is lengthy, expensive, and requires substantial evidence, so understanding the requirements from the start is essential.
Understanding the Australian Partner Visa Subclasses
Australia’s Partner Visa program is structured into different subclasses depending on whether you are married, in a de facto relationship, or engaged, and where you are when you apply.
The Two-Stage Process: Temporary to Permanent Residency
The Partner Visa application is a two-stage process. You lodge applications for the temporary and permanent visas at the same time, but they are granted two years apart (in most cases):
- Temporary Visa (Provisional/Temporary Partner Visa): This allows you to live in Australia while your application for the permanent visa is processed.
- Permanent Visa (Migrant/Permanent Partner Visa): Granted about two years after your initial application, this is the final, permanent residency visa.
Onshore Partner Visas (Applying within Australia)
If you are in Australia when you lodge your application, you apply for the Onshore Partner Visa.
- Subclass 820 (Temporary Partner Visa)
- Subclass 801 (Permanent Partner Visa)
Offshore Partner Visas (Applying from Outside Australia)
If you are outside Australia when you lodge your application, you apply for the Offshore Partner Visa. You must also be outside Australia when the temporary visa is granted.
- Subclass 309 (Provisional Partner Visa)
- Subclass 100 (Migrant Partner Visa)
The Prospective Marriage Visa (Subclass 300) – The Fiance Visa
The Prospective Marriage Visa (Subclass 300) is an offshore visa for applicants who are engaged to their Australian partner and intend to marry them after arriving in Australia.
- It allows you to enter Australia and gives you nine months to marry your partner.
- After marriage, you must then apply for the Onshore Partner Visa (Subclass 820/801) before your Subclass 300 visa expires.
Choosing the Right Subclass for Partner Visa in Australia
The crucial difference is your location at the time of application and at the time of the temporary visa grant.
| Feature | Onshore (Subclass 820/801) | Offshore (Subclass 309/100) |
| Location at Application | Must be in Australia | Must be outside Australia |
| Location at Grant (Temporary) | Must be in Australia | Must be outside Australia |
| Bridging Visa | Granted, allowing you to stay in Australia | Not applicable |
| Medicare | Generally available on the bridging visa | Not available until the visa is granted |
Choosing onshore allows you to stay with your partner and often includes work rights and Medicare access during the lengthy processing time. Choosing offshore may be necessary if you cannot enter Australia or if there are legal reasons (like a ‘No Further Stay’ condition on your current visa) preventing an onshore application.
Eligibility Criteria: Who Qualifies for a Partner Visa in Australia?
Both the applicant (the person applying for the visa) and the sponsor (the Australian partner) must meet specific requirements to ensure the relationship is legitimate and the applicant meets character standards.
Applicant Requirements
The visa applicant must:
- Be 18 years old or older.
- Be the spouse (legally married) or de facto partner of the sponsor.
- If in a de facto relationship, generally you must have lived together for at least 12 months immediately before applying (unless you have registered your relationship in an Australian state or territory).
- Be in a genuine and continuing relationship with your partner.
- Meet Australia’s health and character requirements (which involve medical exams and police checks).
Sponsor Requirements
The Australian partner must:
- Be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
- Be 18 years old or older.
- Meet the character requirements.
- Agree to sponsor the applicant and provide financial and other support.
- Sponsorship Limitation: A person can only sponsor two partners in their lifetime and must wait five years between sponsoring partners.
How to Prove a Relationship for Partner Visa in Australia?
The single most important part of your application is proving that your relationship is genuine and continuing to the exclusion of all others. The Department of Home Affairs assesses this by examining four key areas of your shared life.
Comprehensive Relationship Evidence Categories
The Department of Home Affairs looks for evidence that covers the entire period of your relationship, especially the 12 months before you apply (for de facto relationships).
| Aspect | What to Provide |
| Financial Aspects | Joint bank accounts, joint mortgage/lease documents, shared bills (electricity, internet), evidence of shared financial goals (e.g., joint savings), and evidence that one partner supports the other. |
| Nature of the Household | Joint lease agreements or mortgage on your residence, utility bills in both names, proof of cohabitation (dated mail addressed to both of you at the same address), and evidence of shared domestic responsibilities. |
| Social Aspects | Invitations addressed to both of you as a couple, evidence of joint travel, photos with family and friends, membership of social or sporting clubs, and statements from friends/family confirming the relationship. |
| Nature of the Commitment | Evidence of the duration and commitment level, such as relationship registration (if applicable), mutual wills, powers of attorney, correspondence and communications (emails, texts) for periods of separation. |
Key Supporting Documents and Statements
In addition to the financial and social evidence, you must provide:
- Form 888 Statutory Declarations: Statements from two Australian citizens or permanent residents who know you and your partner and can attest to the genuineness of your relationship.
- Personal Statements: Detailed written histories of your relationship from both the applicant and the sponsor (often done on Form 47SP).
- Identity and Character Documents: Certified copies of passports, birth certificates, and police clearance certificates.
Partner Visa in Australia: Step-by-Step Application Process
The Partner Visa application process requires meticulous preparation and follows a clear procedural path.
Step 1: Gathering Your Documents and Evidence
Before you even start the online application, you and your partner must compile a large volume of identity, relationship, health, and character documents. Getting all the relationship evidence perfect is the most time-consuming step. Ensure all non-English documents are accompanied by certified English translations.
Step 2: Creating an Account
All applications are lodged online through the Department of Home Affairs (DHA) portal. Both the applicant and the sponsor need to create an account and then link their applications.
Step 3: Completing and Lodging the Application
The applicant completes the main visa application form (online equivalent of Form 47SP) and the sponsor completes the sponsorship application (online equivalent of Form 40SP). You upload all your supporting documents at this stage. It’s crucial that all information is accurate and consistent across both forms and all documents.
Step 4: Paying the Visa Application Charges
The Visa Application Charges (VAC) are significant. As of late 2024, the base application fee is approximately AUD9,365.00 for most applicants. This fee covers both the temporary and permanent stages.
| Visa Type (Primary Applicant) | Base Application Fee (Approx.) |
| Partner (Subclass 820/801 or 309/100) | AUD9,365.00 |
| Onshore Partner following a Prospective Marriage (Subclass 300) Visa | AUD1,560.00 |
- Note: There are additional charges for dependent children. Be aware that the Department of Home Affairs charges a Credit-Card Surcharge for online payments.
Step 5: Undergoing Health and Character Checks
You will need to book health examinations (medical exams) with a DHA-approved panel physician. If you are in Australia, this is done through Bupa Medical Visa Services. You also must provide National Clearance Certificates (police checks) from every country you’ve lived in for 12 months or more over the last ten years since turning 16.
Step 6: Awaiting a Decision
Once lodged, the waiting game begins. The Department of Home Affairs will assess your application. They may request further information or clarification, or schedule an interview verification with either the applicant, the sponsor, or both, to confirm the genuineness of the relationship.
Understanding Bridging Visas for Onshore Applicants
Applying for the Partner Visa onshore (Subclass 820/801) has the distinct advantage of allowing you to remain in Australia during processing via a Bridging Visa.
What is a Bridging Visa A (BVA)?
A Bridging Visa A (BVA) is automatically granted to you when you lodge your onshore Partner Visa application (Subclass 820) while holding a substantive visa (like a Tourist or Student Visa). The BVA only comes into effect after your current substantive visa expires. It generally allows you to stay in Australia and often includes full work rights and Medicare access.
Applying for a Bridging Visa and Staying Lawful
You don’t typically need to apply for the BVA; it is granted automatically. However, if you wish to travel outside Australia while on your BVA, you must apply for a Bridging Visa B (BVB) before leaving. If you leave Australia on a BVA, you will not be able to return.
Bridging Visa E (BVE) and its Implications
A Bridging Visa E (BVE) is a more restricted visa granted in specific, complex scenarios, such as when you become unlawful (your visa has expired) or are seeking merits review of a visa decision. Holding a BVE can severely limit your future visa options and may subject you to visa conditions like a ‘No Work’ clause. It’s best to lodge your Partner Visa application while on a substantive visa to secure a BVA.
What Is the Processing Time for a Partner Visa?
Partner Visas are known for their long processing times, which can cause considerable anxiety. The wait time varies significantly depending on the visa subclass and the quality of your application.
Department of Home Affairs Processing Time Guide
The DHA provides estimated Processing Times on its website, which you can check using the visa processing time guide tool. These times are subject to change and are only a guide for the applications most recently decided.
| Visa Type | Processing Time (Estimated) |
| Subclass 820 (Temporary Onshore) | Approximately 12 – 27 months |
| Subclass 309 (Provisional Offshore) | Approximately 13 – 25 months |
| Subclass 300 (Prospective Marriage) | Approximately 12 – 27 months |
| Subclass 801/100 (Permanent Stage) | Approximately 10 – 29 months (after the 2-year eligibility period) |
Factors Affecting Your Visa Processing Time
You can help minimise the wait by focusing on factors within your control.
- Quality of Application: A decision-ready application, meaning all required documents and comprehensive evidence are included at the time of lodgement, is the fastest way to get a decision.
- Complexity: Complicated cases (e.g., character issues, a short relationship duration, or including children) will generally take longer.
- Response to Requests: Responding quickly and thoroughly to any requests for further information from the DHA will prevent delays.
Common Challenges and Complex Scenarios
No two relationships are the same, and the DHA is prepared to assess complex scenarios.
Relationships with Significant Age Gaps or Cultural Differences
The DHA is acutely aware that relationships can involve large age gaps or come from different cultural backgrounds. These factors alone are not disqualifying, but the case officer will scrutinise the genuineness more closely.
You must clearly demonstrate a mutual commitment and how you manage financial and domestic aspects despite any differences.
Long-Distance or Separated Relationships
While cohabitation is the norm, having spent time apart is acceptable if you can provide evidence of a continued, committed relationship during the separation. This can include phone records, correspondence, proof of visits, and joint future planning.
The de facto relationship rule of having lived together for at least 12 months immediately before applying is a common hurdle, which can often be overcome by officially registering the relationship in the state or territory you reside in.
Previous Visa Refusals or Issues
If you have had a previous visa refusal or cancellation, or if you hold a visa with a Section 48 bar (which restricts you to applying for only a few visa subclasses), your situation is highly complex.
You may only be able to apply for an Offshore Partner Visa (Subclass 309). Seeking advice from a Registered Migration Agent is highly recommended in this scenario. If your visa is refused, you may have the right to appeal the decision to the Administrative Appeals Tribunal (AAT).
Including Children in Your Application
If you have dependent children, they can be included in your application as members of the family unit. You must provide their birth certificates and obtain written consent from any non-custodial parents for the child to migrate.
Family Violence Provisions
Australian immigration legislation contains provisions for applicants whose relationship has broken down due to family violence. If you are a victim of family violence, you may still be eligible for the permanent Partner Visa, even if the relationship has ended. This requires providing evidence that meets the strict legal definition of family violence under Australian law.
After Your Visa is Granted: What You Need to Know
The grant of the temporary visa (Subclass 820 or 309) is a huge relief, but it’s not the end of your journey!
Understanding Your Visa Conditions
Your temporary visa will have visa conditions attached to it. It’s important to check these conditions to understand your rights and obligations, such as your ability to work and travel.
The Transition to Permanent Partner Visa
Approximately two years after you lodge your initial application, you will become eligible for the permanent stage. The DHA will contact you to ask for updated relationship evidence (e.g., joint bank statements, photos, joint documents) to confirm that the relationship is ongoing. Once this is processed, you are granted the Permanent Partner Visa (Subclass 801/100).
What if Your Relationship Breaks Down After Visa Grant?
If your relationship ends after your temporary Partner Visa is granted, you generally must notify the DHA. While the standard expectation is that you remain in a relationship for the permanent visa grant, there are exceptions under Australian legislation (such as the family violence provisions mentioned above) that may allow you to still be granted the permanent visa.
This is distinct from family law matters concerning separation, children, and assets, which you would handle separately.
Seeking Professional Assistance: Do You Need a Migration Agent?
Given the complexity and high cost of the Partner Visa application, many couples choose to seek professional help.
When to Consider a Registered Migration Agent?
You should seriously consider using a Registered Migration Agent (RMA) or migration specialists if your case involves:
- Complexity: Previous visa refusals, health/character issues, or a complicated relationship history.
- Onshore: If you are applying onshore and navigating bridging visas.
- Time Constraints: If you are nearing the expiry date of your current visa, and need to lodge quickly.
Agents must be registered with the Migration Agents Registration Authority (MARA).
What to Look for in a Reputable Agent?
Always ensure your agent is registered with MARA. Check their registration details and ensure they adhere to the OMARA Code of Conduct. A reputable migration law firm or agent will be transparent about the process and their fees.
Legal Fees and Associated Costs
In addition to the government VAC, you must factor in other costs:
- Legal Fees: The fees for professional assistance will vary based on the complexity of your application.
- Associated Costs: The cost of health exams, police checks, document translations, and potentially relationship registration fees.
eduaid Immigration Services is a Registered Migration Agent with MARA and experienced in partner visa processing. Book a consultation if you want to bring your partner to Australia hassle-free.
Key Takeaways and Final Advice
The Partner Visa application process is often a demanding, emotional, and long journey. However, with careful preparation, a clear strategy, and compelling evidence, you significantly increase your chances of a successful outcome and begin your life together permanently in Australia.
- Evidence is King: Start gathering documents early, focusing on the four pillars (Financial, Household, Social, and Commitment).
- Be Truthful and Consistent: Ensure all statements and forms align perfectly. Inconsistencies will cause delays or refusal.
- Plan Strategically: Choose your visa subclass (Onshore vs. Offshore) based on your location and circumstances.
Visa requirements, costs, and processing times can change without notice. Always rely on the official information from the Department of Home Affairs website or a qualified RMA.