Partner Visa
Home / Partner Visa
Partner Visas For Australia
If you’re in a genuine relationship with an Australian citizen, permanent resident or eligible New Zealand
citizen, you may be eligible to apply for a Partner visa to live, work and stay in Australia. There are three
main types of partner visas Onshore, Offshore, and Prospective Marriage and your best choice depends
on your current location and your relationship status.
1. Onshore Partner Visa (Subclass 820/801) – apply inside Australia.
2. Offshore Partner Visa (Subclass 309/100) – apply outside Australia.
3. Prospective Marriage Visa (Subclass 300) – for those who intend to marry in Australia.
General Partner Visa Eligibility
Relationship Evidence:
To lodge a Partner visa, the applicant and sponsoring partner must demonstrate that they are
in a genuine and continuing relationship. This can be satisfied in two ways:
Marriage:
1. The parties must be legally married under the Australian Marriage Act 1961 or under a
marriage legally recognised in the country where it took place.
2. The marriage must be valid according to Australian law, which means both individuals must be
of legal marriageable age, freely consenting to the marriage, and not already married to someone
else.
3. Evidence such as the marriage certificate and photographs of the ceremony, along with proof of
shared life together after the wedding, is required.
De-Facto Relationship:
A de-facto relationship generally requires at least 12 months of living together on a genuine
domestic basis, unless an exemption applies.
Exemptions include:
If the relationship has been formally registered under state or territory law in Australia.
Relationship registration is available in NSW, Victoria, Queensland, Tasmania, South
Australia, and the ACT, where at least one partner must reside in the state or territory,
and a certificate is issued as proof. However, Western Australia and the Northern
Territory do not have relationship registration schemes, meaning couples living there
cannot register locally but may still be eligible to apply if they meet requirements in other
states or territories.
If there are compelling and compassionate circumstances, such as the presence of a
child of the relationship.
Evidence of genuine and continuing relationship include:
▪ Financial aspects: joint accounts, bills, insurance policies, property leases or ownership.
▪ Household aspects: shared living arrangements, joint responsibility for daily needs.
▪ Social aspects: how the couple is viewed by friends, family, and community; photographs,
joint invitations, travel together.
▪ Commitment to live together: length of the relationship, future plans, communication
records if living apart.
Health & character:
police checks and health examinations required.
Sponsor limitations:
a sponsor can usually support max 2 partner visas in a lifetime with a 5-year
gap between sponsorships (limited exceptions for compelling circumstances).
VAC (fees):
Primary Applicant pays AUD 9,095, with additional applicant charges around AUD
4,550 (18+) and AUD 2,280 (<18).
Visa Option 1) Onshore Partner Visa (Subclass 820/801)
This visa is for those applicants who are currently in Australia at the time of application for
820 (Temporary) and subclass (801) permanent visa. This visa lets you remain lawfully in Australia while
your application is processed.
After the grant of subclass 820 visa, it takes 2 years for the applicant to become eligible for Stage 2
subclass 801 visa application or if the applicant was in a long-term relationships (3+ years, or 2+ years
with dependent children) the applicant can be assessed for permanent stage subclass 801 visa.
If applicant or applicant’s child or sponsor child experience family violence under the family violence
provisions subclass 801 (Permanent) visas can be granted to the applicant.
If sponsor dies during the processing of subclass 801 application, then applicant can still be granted
subclass 801(Permanent) visa.
Limitation: If you have your previous partner visa application refused in Australia then you cannot
lodge another partner visa application due to not satisfying the valid application criteria. Refusal of other
visas in Australia still makes you eligible to lodge onshore partner visa application as section 48 bar
exemptions under regulation 2.12 allows subclass 820/801 applications
Advantages of lodging Onshore Partner Visa application:
▪ Bridging Visa A (BVA) typically granted, allowing you to stay lawfully until decision, with
work/study rights depending on prior visa and Medicare access.
▪ Bridging Visa B (BVB) needed to travel and return.
▪ Children included only if at the same location as the main applicant.
▪ If not, they must apply later via Subclass 445 Dependent Child Visa.
▪ Evidence required across the four pillars (financial, household, social, commitment).
Visa Option 2 Offshore Partner Visa (Subclass 309/100)
The offshore partner visa is for applicants applying outside Australia.
▪ Subclass 309 (Provisional): Allows entry into Australia as the partner of an eligible sponsor.
▪ Subclass 100 (Permanent): Granted after about 2 years from the initial application, or sooner
in long-term relationships.
Eligibility
▪ You must be married or in a de facto relationship with your Australian partner.
▪ You need to prove your relationship is genuine and continuing, with strong evidence across
financial, household, social, and commitment aspects.
▪ You and any dependents must meet health and character checks.
Special Provisions
▪ Family Violence: Victims of family violence may still be able to obtain permanent residency.
▪ Death of Sponsor: Applicants may still progress if the sponsor dies, provided compelling
circumstances exist.
▪ Sponsor Limitations: Same rules as the onshore partner visa (max two sponsorships, with a
five-year gap unless exceptional circumstances).
Costs & Processing
▪ Visa Application Charge: AUD 9,095.
▪ Processing Times: Approximately 10–12 months for Subclass 309, with the Subclass 100
assessed around 12–18 months later (total duration usually 2–3 years).
Dependents
▪ Dependent children may be included in the application.
▪ They must also satisfy health and character requirements.
Visa Option 3 Prospective Marriage Visa (Subclass 300)
The prospective marriage visa is for fiancé(e)s outside Australia who plan to marry their Australian
partner.
Key Features
▪ Valid for 9–15 months from grant.
▪ You must marry your partner during this period.
▪ After marriage, you must notify the department, and your application can be processed for
Subclass 309/100 visa.
Eligibility
▪ Must demonstrate a genuine intention to marry within the visa validity.
▪ Must show strong evidence of an ongoing relationship and plans for the wedding.
▪ You must meet health and character requirements.
Special Provisions
▪ Family Violence: If the relationship ends due to violence after marriage, you may still be
eligible to progress to permanent residency.
▪ Death of Sponsor: Applicants may continue their visa process if the sponsor dies and strong
ties exist in Australia.
Costs & Processing
▪ Visa Application Charge: AUD 9,095.
▪ An additional reduced fee applies later when applying for the 820/801 visa.
▪ Processing Times: Around 11–17 months for most applications; some may take up to 26–35
months depending on individual circumstances.
Dependents
▪ Dependent children may be included in your application and must meet health and character
checks.
Why Choose Visa 1 Migration?
▪ Partner visas are complex and costly and require detailed relationship evidence. Delays or
refusals are common if applications are not properly prepared. Refusal of applications often
cause frustration and cost heavily. At Visa 1 Migration Pty Ltd we help you with:
▪ Assess the right stream (820/801, 309/100, or 300).
Visa Option 3 Prospective Marriage Visa (Subclass 300)
▪ Build strong relationship evidence and Form 888 witness statements.
▪ Manage Bridging Visa conditions, travel and Medicare.
▪ Plan for children offshore via Subclass 445.
▪ Guide on migration laws directly applicable to the success or refusal of applications for a
positive outcome
Need Help with Your Visa?
Let Our Experts Guide You Through the Process. Book a free consultation.
Call: +61 424 568 461
Email: info@visa1migration.com