Australian Partner Visas
Partner Visa Australia: Options, Eligibility and Application Process
Understand Australian partner visa options, eligibility, costs, processing times and how the two-stage process works—with guidance from immigration solicitors.
Updated October 2026 · 20 min read min read
Partner visa enquiry
Table of Contents
Partner visa options at a glance
Three main pathways cover engaged couples, partners overseas and partners already in Australia.
Subclass 300
Prospective Marriage visa (subclass 300)
For engaged couples applying from outside Australia. After you marry, you can apply for a Partner visa. Subclass 300 holders who later apply for the 820 may pay a lower government charge (from AUD 1,955—confirm on Home Affairs before you lodge).
Prospective Marriage guideSubclass 309 / 100
Partner visa from outside Australia (subclasses 309 and 100)
For married or de facto couples when the applicant is overseas at lodgement. Temporary subclass 309 and permanent subclass 100 are applied for together and assessed in two stages, typically around two years apart.
Offshore partner visasSubclass 820 / 801
Partner visa from inside Australia (subclasses 820 and 801)
You must be in Australia when you lodge. Subclasses 820 and 801 are one combined application. The government charge for most applicants starts from AUD 11,710. Permanent assessment is generally considered two years after you first applied.
Onshore partner visasAt an initial consultation, our migration solicitors confirm which pathway fits your relationship, location and visa history, and what to gather before lodgement.
Applying from inside or outside Australia
Applying outside Australia
- Subclass 309 applicants must be outside Australia when they apply and when the visa is decided.
- Subclass 309 and 100 are lodged together with one charge; stages are assessed roughly two years apart.
- Engaged couples may use subclass 300 first, then a Partner visa after marriage.
Applying in Australia
- Subclass 820 must be lodged while you are in Australia; included family members must also be in Australia at lodgement.
- Subclass 820 and 801 are one application; permanent assessment is generally two years after lodgement.
- Government charges differ—for example subclass 300 holders may pay less for the 820.
- Your current visa and bridging position affect what you can do while the application is pending.
Who can apply for a partner visa?
This checklist follows the onshore pathway (820/801). Offshore applicants should read our offshore guide; engaged couples should see subclass 300.
Applicant requirements
- You are in a genuine relationship with your spouse or de facto partner.
- You are in Australia when you lodge (onshore 820/801). Included family members must also be in Australia at lodgement.
- You apply for subclass 820 and 801 together as one combined application.
- If you do not hold a substantive visa, you may need to lodge within 28 days of your last substantive visa ending.
- You have checked past visa refusals or cancellations and whether condition 8503 on a current visa limits onshore applications.
- You can meet health and character requirements, including medical examinations and police checks.
- You understand subclass 801 is generally considered two years after you first applied, and you must still hold subclass 820 (or the relevant 445 pathway for a dependent child).
- You have budgeted for the application charge—from AUD 11,710 for most subclass 820 applicants (confirm on Home Affairs).
Sponsor requirements
- Your sponsor is your spouse or de facto partner—an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
- Your sponsor formally sponsors you as part of the application.
- If your sponsor holds a permanent visa, they usually need to be living in Australia.
- Sponsorship limits can apply because of prior partner sponsorships or certain offences (some limits may be waived).
- If your sponsor is under 18, a parent or guardian may need to act in the sponsorship.
Spouse and de facto relationships
Married couples
Your marriage must be recognised under Australian law. Show mutual commitment to a shared life, a genuine and continuing relationship, and that you live together or are not permanently separated.
De facto couples
Show the same commitment and a genuine, continuing relationship. You must not be related by family. The relationship generally must have lasted at least 12 months at application unless an exception applies (such as registered relationship).
Proving your relationship is genuine and continuing
The Department looks at the relationship as a whole—commitment, genuineness, and shared life. Gather evidence across each area below, not only one strong document.
Shared life and commitment
- Shared residence: leases, utilities, mail to both of you at one address; explain any periods apart.
- Shared finances: joint accounts, shared bills or loans, transfers between you.
- Household responsibilities: how you share costs, subscriptions and domestic arrangements.
- Social recognition: photos, invitations and travel showing you as a couple over time.
- Commitment: wills, insurance, plans for housing or children.
- De facto duration: records across the relationship; 12 months at lodgement unless an exception applies.
Statements and supporting declarations
- Your statement: how you met, how the relationship developed, living arrangements and plans—with dates.
- Your partner’s statement: their own account, not a copy of yours.
- Form 888 declarations from at least two people who know you as a couple, where applicable.
- Declarant detail: how they know you, how often they see you, what they have observed.
- Some applicants with refusal history and no substantive visa need Form 888 witnessed within six weeks before lodgement—check early.
- Cross-check dates and addresses across all statements before lodging.
See our evidence checklist for a fuller list. Unusual living arrangements or long-distance relationships benefit from early legal advice— book a consultation.
Issues that can affect your application
Before you lodge in Australia, check: past visa refusal or cancellation, condition 8503 (No Further Stay), not holding a substantive visa (including the 28-day window after a substantive visa ends), and sponsor sponsorship limits.
Our solicitors screen these issues at the first consultation. See onshore partner visas for detail.
How the partner visa application process works
Usual onshore sequence (820/801). Offshore and subclass 300 pathways differ—see linked guides.
Confirm your pathway and eligibility
Match location and relationship status to subclass 300, 309/100 or 820/801. Screen refusals, cancellations and condition 8503 before you lodge.
Check that your partner can sponsor you
Confirm sponsor eligibility and raise prior sponsorships or offences early.
Build your relationship evidence
Cover finances, household, social recognition and commitment—with statements and Form 888 declarations. De facto couples: check the 12-month rule and exceptions.
Lodge the combined application and pay the charge
Apply in ImmiAccount. Onshore 820/801 are one lodgement—from AUD 11,710 for most applicants. Watch the 28-day rule if you have no substantive visa.
Complete health and character requirements
Identity documents, police checks and medicals—include qualifying dependants at lodgement where possible.
Respond to requests and wait for the temporary decision
Reply fully by each deadline. Processing times vary; the Department guide is indicative only.
Live on the temporary visa and keep the Department informed
Notify the Department of contact, relationship or circumstance changes. New Zealand passport holders: take care at the border about other visas affecting the permanent stage.
Permanent visa assessment
Subclass 100 or 801 is assessed after the usual two-year mark (or earlier if an exception applies). Updated relationship evidence is required.
If your application is refused, review deadlines are strict—speak to a migration lawyer as soon as you receive the decision. See appeal options.
Documents you will need
Adjust for onshore vs offshore and your personal history. We review your bundle before lodgement.
Identity and sponsor documents
- Certified passport and birth certificate copies for you and your sponsor.
- Proof of sponsor’s Australian citizenship, permanent residence or eligible New Zealand citizenship.
- Certified birth certificates for included children; Form 1229 where another person has custody rights.
- Form 1002 for a subclass 445 child joining at the permanent stage after grant.
- Name-change or marriage certificates if documents do not match.
Relationship evidence
- Written statements from you and your sponsor.
- At least two statutory declarations (often Form 888).
- Financial, household and social evidence across the whole relationship.
- Marriage or registered relationship certificates where relevant.
- For de facto couples, records showing how long you have lived together.
Health and character
- Health examinations through the Department process.
- Police certificates from countries where you have lived for the required period.
- Form 80 where requested.
- Court records if you have convictions; accurate immigration history.
Confirm charges on the Department website before you lodge. Keep collecting evidence after lodgement for the permanent stage.
Partner visa costs
Government charges only—budget separately for health exams, police checks, translations and legal fees.
Government visa application charges (indicative)
| Route | Subclass | Charge (AUD) | Notes |
|---|---|---|---|
| Combined onshore (most applicants) | 820 + 801 | From AUD 11,710 | Paid at lodgement. Use the Visa Pricing Estimator for your exact charge. |
| After Prospective Marriage visa | 820 | From AUD 1,955 | Where subclass 300 was granted first. |
| Permanent stage (combined pathway) | 801 | Included in lodgement | Assessed once eligible—typically two years after application. |
Additional charges apply per dependent child. Offshore fees differ—see offshore partner visas.
Partner visa processing times
Onshore
No fixed subclass 820 timeframe—the Department guide is indicative only. Subclass 801 assessment generally starts after you become eligible (about two years after the combined application).
Offshore
Public reporting has cited long queues for subclass 309 (for example up to 39 months for 90% of applications in recent coverage). Check Home Affairs before you lodge.
Partner visa processing times guideFrom temporary to permanent partner visa
Temporary stage
- 820 and 801 are lodged together in one ImmiAccount application.
- You must be in Australia at lodgement for the onshore pathway.
- Stay on the 820 until the 801 is finalised or withdrawn.
- Notify the Department when circumstances change.
Permanent stage
- 801 is generally assessed about two years after you first applied.
- You will need updated relationship evidence.
- Early permanent grant may apply if the relationship was 3+ years at lodgement, or 2+ years with a dependent child.
- Relationship breakdown, bereavement or family violence may still allow eligibility—get advice first.
Including dependent children
Children can be included at lodgement if they meet dependency rules. After grant, a child may need subclass 445 and Form 1002 for the permanent stage.
Children under 18
Confirm dependency, location at lodgement for onshore applications, parental consent (Form 1229) and additional visa charges.
Children 18 or over
Generally must have relied on you for basic needs for at least 12 months unless incapacitated for work—borderline cases need advice before lodgement.
Adding a child after grant
Subclass 445 in Australia, then Form 1002 in ImmiAccount on the permanent application. Another visa grant can break eligibility for the permanent stage.
If your circumstances change
Relationship ends
You may still be considered for subclass 801 depending on your facts. Get legal advice before you notify the Department or withdraw.
Sponsoring partner dies
Permanent residence may still be possible. Evidence and assessment are case-specific—seek advice early.
Family violence
You may remain eligible under family violence provisions. If you are in immediate danger, contact emergency services first, then speak with us in confidence.
Updating your details
Notify the Department when contact details, relationship status or circumstances change. Another visa grant can affect subclass 801 eligibility.
What to do if your partner visa is refused
Act quickly—review rights have strict deadlines. Read the refusal letter, check how long you can remain lawful in Australia, and get advice before lodging a review or a new application. Our migration lawyers can assess refusal reasons and merits review options.
How M2 Migration's solicitors can help
From pathway selection through lodgement, permanent-stage preparation and complex cases.
Assessing your eligibility
- Relationship and de facto duration assessment.
- Sponsor eligibility and sponsorship limits.
- Onshore, offshore or subclass 300 pathway selection.
- Review of refusals, cancellations and visa conditions.
Preparing and lodging
- Evidence strategy across finances, household, social life and commitment.
- Guidance on Form 888 and relationship statements.
- Combined 820/801 lodgement and fee check.
- Health, character and permanent-stage preparation.
Complex cases and reviews
- Refusal or cancellation history before lodgement.
- Relationship breakdown, bereavement and family violence matters.
- Dependent children and subclass 445 / Form 1002 pathways.
- Refusal letters and merits review deadlines.
Partner visa FAQs
Pathways, location rules, costs, processing and dependants.
You must be outside Australia when you apply for the Prospective Marriage visa (subclass 300) and the Partner (Provisional) visa (subclass 309). You must be in Australia when you apply for the Partner visa (subclass 820).
Your partner must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and must sponsor you. You must be in a genuine relationship as spouses or de facto partners.
The Department of Home Affairs lists the subclass 820 charge from AUD 11,710 for most applicants. Prospective Marriage visa (subclass 300) holders pay from AUD 1,955. The subclass 801 charge is paid when the temporary and permanent applications are made together. Use the Visa Pricing Estimator for your exact charge.
The Department states no fixed processing time for the subclass 820. Its processing time guide shows recently decided applications and is indicative only—not specific to your case.
You are eligible for consideration of the subclass 801 two years after you first applied for the temporary and permanent Partner visas. The 801 processing time starts from the date you become eligible.
You can stay until your permanent Partner visa (subclass 801) application is finalised or you withdraw it. The visa lets you live, work and study in Australia, and travel in and out as often as you want.
You cannot add family members to the 820 application after grant. An eligible dependent child can join the permanent application only if they first obtain a Dependent child visa (subclass 445) and are in Australia. Form 1002 is then attached in ImmiAccount and the Department is notified.
In some circumstances, yes—including where the sponsoring partner has died, where family violence has been committed by the sponsor, or where you and the sponsor have a child and share access and parental responsibility.
Generally, a de facto relationship must have lasted at least 12 months when you apply. Exceptions can apply, including registration of the relationship under state or territory law.
If you enter Australia and are granted a subclass 444 visa, it can override your subclass 820 and affect eligibility for the subclass 801. Tell the border officer you hold a temporary Partner visa and do not want subclass 444 if that applies to you.
Book a partner visa consultation
Tell us about your relationship and circumstances. A migration lawyer will explain which pathway fits and what to prepare first.
Or email us at info@m2migration.com.au