What is an Australian Partner Visa?

An Australian Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. These visas are designed to reunite couples and support long-term relationships. These visas allow both heterosexual and same-sex couples to reside together in Australia.

There are two main streams of partner visas:

• Onshore Partner Visa (Subclass 820/801)
• Offshore Partner Visa (Subclass 309/100)

Both streams involve a two-stage process: temporary residency followed by permanent residency after two years. Due to current processing times for the subclasses 820 and 309 visas being close to two years, the permanent visas are usually granted at the same time as the provisional visa.

Types of Australian Partner Visas

1. Subclass 820 / 801 – For those in Australia at time of lodgement

• Subclass 820: Provisional partner visa allowing a stay until subclass 801 is granted
• Subclass 801: Permanent partner visa

2. Subclass 309 / 100 – For those outside of Australia at time of lodgement

• Subclass 309: Provisional partner visa allowing a stay until subclass 100 is granted
• Subclass 100: Permanent partner visa

Key Requirements for a Partner Visa in Australia

To be eligible for a partner visa, you must:

• Be either:
  • Married
  • In a de facto relationship for at least 12 months
  • In a de facto relationship for under 12 months and have registered your relationship with Births, Deaths and Marriage in an Australian state.
• Be in a genuine and continuing relationship with your sponsor;
• Your sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen;
• Be of good character;
• Be of good health (a health waiver is possible); and
• Provide evidence of shared life, including:
  • Joint finances (bank accounts, assets)
  • Cohabitation (shared bills, lease agreements)
  • Social acknowledgment of your relationship
  • Future plans as a couple

Character and Partner Visas

The person applying for a partner visa must be of good character.

The Australian citizen sponsoring the partner visa will also have their character assessed. Any convictions will be disclosed to your spouse before your visa is approved. If you have serious or repeat offences we recommend you seek the help of an immigration lawyer before making an application.

Cost of Applying for a Partner Visa

The visa application charge for a partner visa is AUD $9,365. This is payable at the time of provisional visa application. No additional fee is required when applying for the permanent stage (801/100)

Tips for a Successful Partner Visa Application

1. Start gathering evidence early – Especially for police clearances which can have lengthy waits in some countries
2. Be honest and consistent – Inconsistencies can lead to visa refusal or additional processing delays
3. Include statutory declarations / Form 888s – From at least two supporting witnesses.
4. Keep records updated – Inform the Department of any changes to relationship status, passport details or address.
5. Seek advice – Contact an immigration lawyer if your partner is unlawfully in Australia, is on a bridging visa or the sponsor has criminal convictions.

What Happens After You Apply?

• You’ll receive a bridging visa (if applying onshore), allowing you to remain in Australia.
• The Department of Home Affairs may request additional documents or an interview (in rare situations).
• If granted, the temporary visa allows full work and study rights.
• The permanent visa is assessed approximately 2 years after the initial application.

Need Help With Your Partner Visa?

Applying for a partner visa can be complex, especially with high fees and long wait times. Working with a lawyer can improve your chances of success and reduce stress.

Need help with your Partner Visa application? Contact us today for a consultation with an immigration lawyer.