Partner Visas

A Partner Visa allows spouses, de facto partners, and prospective marriage partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia.

Whether you are applying from outside or inside Australia, there are several visa options to consider, each with specific eligibility requirements and processes. Understanding the basic framework of these visas can help you plan your application and gather the necessary documentation. Here’s some general information to help you get started.

Visa Options

Visa Type When to Apply / Where you Are Key Features
Subclass 820 / 801 - Onshore Partner Visa If you are in Australia and are the spouse or de facto partner of an Australian citizen, permanent resident, or eligible NZ citizen. Two-stage process: temporary visa (820) granted first, followed by assessment for permanent visa (801) after a waiting period. In some cases, such as long-term relationships, the permanent visa may be granted immediately. Provides work rights and Medicare access while on the temporary visa.
Subclass 309 / 100 - Offshore Partner Visa If you are outside Australia at the time of application and are married / in a de facto relationship with an Australian citizen, permanent resident, or eligible NZ citizen. Two-stage process: provisional visa (309) first, then permanent visa (100) after assessment. Work rights and Medicare are generally only available after entering Australia and upon grant of the permanent visa.
Subclass 300 - Prospective Marriage (Fiancé) Visa If you are outside Australia, intend to marry an Australian citizen / PR / eligible NZ citizen, and do so within a set time after grant. Allows entry to Australia to marry your Australian partner. After the marriage, you can apply for an onshore Partner visa (820/801).

Key Requirements

    To be eligible for a Partner Visa, you generally must:

    • Relationship: Be the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.

    • Age: Both partners must usually be at least 18 years old.

    • Genuine relationship: Show that the relationship is genuine, ongoing, and exclusive. De facto couples usually need to prove 12 months of living together (unless the relationship is registered in Australia or exemptions apply).

    • Health: Meet health requirements through medical examinations.

    • Character: Provide police clearances for countries you have lived in for 12 months or more in the past 10 years.

    • Sponsor approval:  Your partner must be approved as your visa sponsor and meet sponsorship requirements.

    Evidence

          When applying for a Partner visa, you will need to provide documents across the four pillars of evidence to demonstrate your genuine relationship:

          1. Identity and Legal Status

            • Passports, change of name documents, and other identification showing your legal status.

          2. Financial Aspects

            • Documents that demonstrate shared finances or economic interdependence, such as joint leases, joint bank accounts, shared bills, or other financial arrangements.

          3. Social Aspects

            • Evidence of your shared life, including photos together, travel history, social events, and interactions with family and friends.

            • Form 888 statutory declarations from Australian citizens, permanent residents, or eligible New Zealand citizens who know you, confirming your relationship is genuine and ongoing (strongly recommended).

          4. Commitment and Nature of Relationship

            • Marriage certificates or evidence of a de facto relationship.

            • Sponsor’s identity documents, proof of ending prior relationships (if relevant), and police clearances.

            • Where children are involved, include birth certificates and evidence of custody or dependency for children over certain ages.

           

          Frequently Asked Questions

          Is a Partner visa temporary or permanent?

          A Partner visa is a two-stage process: you first receive a temporary visa, and after about two years you may be eligible for the permanent visa. Couples in long-term relationships may be assessed directly for the permanent visa.

          Who can sponsor me for a Partner visa?

          Your sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen who is at least 18 years old. They need to be approved by the Department of Home Affairs and agree to support you financially and with accommodation for your first two years in Australia.

          There are limits on sponsorship: generally, a person can only sponsor two partners in their lifetime, with at least five years between sponsorships. If your sponsor was granted a Partner visa themselves, they usually must wait five years before sponsoring someone else. Sponsors with certain criminal convictions may not be eligible.

          Do I need to be married to apply?

          No. Both married couples and those in de facto relationships are eligible. De facto status often requires evidence of at least 12 months together unless the relationship is registered.

          Can I apply if I am outside Australia?

          Yes. Offshore visa subclasses like 309/100 or subclass 300 are for people outside Australia at the time of application.

          How long does it take?

          Processing times vary depending on subclass, evidence completeness, and caseload, but can often range from several months to over a year. For the most up-to-date processing times guide, we recommend that you visit the Department of Home Affairs' website.

          Is health or police clearance needed?

          Yes. Health checks and police certificates from each country lived in for more than 12 months in the last 10 years are usually required.

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

                If the relationship breaks down (divorce, separation, death), this can affect the visa status. Some visas can be retained under certain circumstances, but it depends on the visa subclass and timing.

                Legislation and immigration policies also allow for certain protections (e.g. family violence provisions) that may apply in specific situations.

                I have more questions.

                Please feel free to fill in the form below and we will be in touch. 

                Disclaimer

                The information provided on this website is for general purposes only. Whilst every effort has been made to ensure accuracy, the content is not, and is not intended to be, legal or immigration advice, and it does not create a solicitor–client relationship with Tern Legal. The information should be treated as a practical guide only. No person should act on the basis of the material on this website without obtaining advice specific to their circumstances and, where necessary, seeking professional assistance.

                Migration law in Australia is subject to ongoing changes in legislation and government policy, and the information provided may not reflect the most up-to-date position. You are encouraged to make your own enquiries as to the accuracy of the information at the time of use. For advice relevant to your situation, please consult a qualified professional. Tern Legal makes no guarantees regarding the outcome or approval of any migration application.

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