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Pathway	Where you apply	Sponsor	Stages
Partner visa subclass 820/801	In Australia	Australian citizen, Australian permanent resident or eligible New Zealand citizen	Temporary partner visa 820 first. Permanent partner visa 801 after about two years.
Partner visa subclass 309/100	Outside Australia	Australian citizen, Australian permanent resident or eligible New Zealand citizen	Temporary partner visa 309 first. Permanent partner visa 100 after about two years.
Prospective marriage visa subclass 300	Outside Australia. You must enter Australia before the marriage.	Australian citizen, Australian permanent resident or eligible New Zealand citizen you are engaged to	Temporary. Generally valid for 9 to 15 months.

Partner visa (subclass 820/801)

The Subclass 820 is temporary, leading to the permanent Subclass 801 after approximately two years. Location and sponsor requirements are set out in the table above.

Location

Applicants must be in Australia when applying and when the temporary visa 820 is granted.

Duration / Length

The partner visa subclass 820 is temporary, leading to the 801 visa after approximately two years.

Eligibility requirements

Must be in a genuine relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen
Must meet health and character requirements.
Must have your spouse or de facto partner sponsor you.
Temporary partner visa applicants must apply while in Australia.

Our partner visa lawyers act on 820 and 801 applications.

Prospective marriage visa (subclass 300)

The Subclass 300 allows entry to Australia before the wedding. Have all your documents in order before you apply.

Location

Applicants can be outside Australia when applying and must enter Australia before the marriage occurs.

Duration / Length

This visa is temporary and is generally valid for 9 to 15 months from the date of grant, depending on individual circumstances. The deadline to marry your sponsor is generally 9 to 15 months from the date of grant. The exact expiry date is stated on the visa grant notice. Condition 8519 and Condition 8520 both require the marriage to take place before the visa expires.

Eligibility requirements

Must be 18 years old or older.
Must be engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen.
Must intend to marry the sponsor within the visa validity period.
Must have met your prospective spouse face to face as an adult since turning 18 and have known each other personally at the time you applied for this visa.
Must meet health and character requirements.

Our partner visa lawyers act on prospective marriage visa applications.

Planning to marry first? See the prospective marriage visa subclass 300 requirements and application steps.

Partner visa (subclass 309/100)

The Subclass 309 is temporary, leading to the permanent Subclass 100 after approximately two years. Location and sponsor requirements are set out in the table above.

Location

Applicants must be outside Australia when applying for the temporary 309 visa.

Duration / Length

The 309 visa is temporary, progressing to the 100 visa after approximately two years.

Eligibility requirements

Must be in a genuine, ongoing relationship to be eligible for the partner visa.
Must meet health and character requirements.
Must be outside Australia when applying for the 309 visa.

Our partner visa lawyers act on 309 and 100 applications.

Applying from outside Australia? See how the offshore partner visa subclass 309/100 application works.

Family violence

This provision lets an applicant who experiences family violence stay on their partner visa pathway even if the relationship ends.

Location

Applicants can be in or outside Australia when applying, depending on their specific visa pathway and circumstances.

Duration / Length

The duration aligns with the visa pathway, ensuring the applicant can remain in Australia while their application is assessed.

Eligibility requirements

Must provide evidence of family violence.
Must hold or have applied for a temporary partner visa.
Must hold or have previously held a Prospective Marriage (subclass 300) visa.
Must meet all standard visa criteria apart from the ongoing relationship requirement.

Schedule 3 partner visas

Schedule 3 criteria apply to partner visa applicants who are not holding a substantive visa at the time of application. This covers applicants who are unlawfully in Australia, and applicants who hold a bridging visa following a period of unlawful stay. This additional set of requirements must be met to ensure that the applicant can apply for a permanent partner visa despite their previous visa status issues.

If you are unlawful or on a bridging visa, read about the Schedule 3 criteria for partner visa applicants without a valid visa.

Location

Applicants must be in Australia when applying and must meet Schedule 3 criteria if they are unlawfully in Australia or on a bridging visa.

Duration / Length

The Schedule 3 criteria apply throughout the visa processing period until the applicant’s permanent partner visa application is assessed against these additional requirements.

Eligibility requirements

Must be in a genuine relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
Must meet health and character requirements.
Must provide compelling reasons for the period of unlawful stay or the breach of visa conditions.
Must meet specific Schedule 3 criteria, demonstrating that granting the permanent visa would be in the interests of the applicant and their Australian partner.

De facto partner visa Australia

A de facto visa, also called a de facto relationship visa, is not a separate visa subclass. Australian migration law recognises de facto couples under the same Partner visa pathways as married couples, applying through the onshore Subclass 820/801 or the offshore Subclass 309/100 depending on where the applicant is located.

Location

Applicants can be in Australia (Subclass 820/801) or outside Australia (Subclass 309/100), depending on which Partner visa pathway they apply through.

Duration / Length

Follows the same timing as the underlying pathway: the temporary 820 or 309 visa progressing to the permanent 801 or 100 visa after approximately two years.

De facto visa requirements:

Must generally show they have been in a genuine de facto relationship for at least 12 months immediately before lodging the application, under Migration Regulations 1994 (Cth) reg 2.03A(3).
This requirement may be waived if the relationship is registered under an Australian state or territory relationship register.
This requirement may also be waived where there are compelling and compassionate circumstances, such as a child of the relationship or a serious illness, that prevented the couple from living together for the full 12 months.
Must provide evidence of the relationship across four categories: financial, household, social, and commitment. See our detailed evidence guide for a full breakdown.

Couples who live in different places can still apply if they can show a genuine and continuing relationship.

Partner visa (820/801)

The de facto partner visa Australia subclass 820 and the permanent partner visa subclass 801 are for those in a committed relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, allowing them to live in Australia. It starts with the temporary partner visa (820) and progresses to the permanent visa (801).

Location

Applicants must be in Australia when applying and when the temporary visa 820 is granted.

Duration / Length

The partner visa subclass 820 is temporary, leading to the 801 visa after approximately two years.

Eligibility requirements

Must be in a genuine relationship with an Australian partner or a New Zealand citizen.
Must meet health and character requirements.
Must have your spouse or de facto partner sponsor you.
Temporary partner visa applicants must apply while in Australia.

Prospective marriage visa (300)

The prospective marriage visa is for individuals planning to marry their Australian partner, allowing entry to Australia before the wedding. Getting a temporary partner visa Australia permanently requires all documentation in order.

Location

Applicants can be outside Australia when applying and must enter Australia before the marriage occurs.

Duration / Length

This visa is temporary and is generally valid for 9 to 15 months from the date of grant, depending on individual circumstances. The deadline to marry your sponsor, once the visa is granted and you have entered Australia, is generally 9 months from the grant date under Condition 8519/8520.

Eligibility requirements

Must be 18 years old or older.
Must be engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen.
Must intend to marry the citizen Australian permanent resident within the visa validity period.
Must have met your prospective spouse or de facto partner face to face as an adult since turning 18 and have known each other personally at the time you applied for this visa.
Must meet health and character requirements.

Partner visa (309/100)

The 309/100 spouse or de facto relationship and visa is for a spouse or de facto partner of Australian citizens, permanent residents, or eligible New Zealand citizens applying from outside Australia. It begins with the temporary 309 visa and leads to the permanent 100 visa.

Location

Applicants must be outside Australia when applying for the temporary 309 visa.

Duration / Length

The 309 visa is temporary, progressing to the 100 visa after approximately two years.

Eligibility requirements

Must be in a genuine, ongoing relationship to be eligible for the de facto partner visa Australia.
Must meet health and character requirements.
Must be outside Australia when applying for the 309 visa.

Family violence

This provision allows those Australian permanent residents experiencing family violence to still qualify for the de facto partner visa Australia offers even if the de facto relationship ends, protecting vulnerable individuals.

Location

Applicants can be in or outside Australia when applying, depending on their specific visa pathway and circumstances.

Duration / Length

The duration aligns with the visa pathway, ensuring the applicant can remain in Australia while their application is assessed.

Eligibility requirements

Must provide evidence of family violence.
Must hold or have applied for a temporary partner visa.
Must hold or have previously held a Prospective Marriage (subclass 300) visa.
Must meet all standard visa criteria apart from the ongoing relationship requirement.

Schedule 3 partner visas

The Schedule 3 criteria apply to permanent partner visa applicants who are unlawfully in Australia or on a bridging visa after a period of unlawful status. This additional set of requirements must be met to ensure that the applicant can apply for a permanent partner visa despite their previous visa status issues.

Location

Applicants must be in Australia when applying and must meet Schedule 3 criteria if they are unlawfully in Australia or on a bridging visa.

Duration / Length

The Schedule 3 criteria apply throughout the visa processing period until the applicant’s permanent partner visa application is assessed against these additional requirements.

Eligibility requirements

Must be in a genuine relationship with a citizen Australian permanent resident, Australian citizen, or eligible New Zealand citizen.
Must meet health and character requirements.
Must provide compelling reasons for the period of unlawful stay or the breach of visa conditions.
Must meet specific Schedule 3 criteria, demonstrating that granting the permanent visa would be in the interests of the applicant and their Australian partner.

Joint financial management

Evidence of a married relationship with shared financial responsibilities, such as joint bank accounts or joint ownership of assets, demonstrates the partnership's financial interdependence.

Shared financial goals

Applicants should show they have aligned financial goals, like saving for a home or planning joint investments. Financial aspects should be clear.

Financial support

Documentation of one partner financially supporting the other, if applicable, indicates a genuine partnership.

Shared expenses

Proof of shared expenses, like utility bills or rent, and even joint responsibility supports the evidence of financial cooperation.

Asset ownership

Evidence of jointly owned major assets, such as a car or property, can strengthen the application by showing shared financial investment.

Shared residence

Proof of living together, such as lease agreements or utility bills, confirms the cohabitation aspect of the de facto relationship.

Household duties

Evidence of shared household responsibilities, like grocery shopping or chores, indicates a genuine living arrangement.

Joint household management

Documentation showing joint decisions on household management, such as home improvements, reflects partnership in daily life.

Household membership

Acknowledgement by third parties of both partners as members of the same household adds credibility to the living arrangement.

Living arrangements

Consistent living arrangements over time, with evidence like dated mail, support the application by showing stability.

Social recognition

Statements from friends and family confirming the de facto relationship can help validate the social aspect of the partnership.

Shared social activities

Proof of participation in social activities together, such as attending events or travelling, shows a genuine bond.

Mutual friends

Having a shared social circle, evidenced by joint social media connections or group photos, demonstrates social integration.

Public recognition

Evidence of public acknowledgement of the de facto relationship, like being introduced as a couple in social settings, supports the application.

Social media presence

Joint social media presence or shared posts about significant life events can reinforce the social legitimacy of the de facto relationship.

Future planning

Documentation of future plans together, such as travel itineraries or financial planning, reflects long-term commitment.

Emotional support

Evidence of emotional support, like personal correspondence or messages, demonstrates the emotional connection.

Long-term intentions

Statements expressing intent to stay together long-term, whether written or verbal, support the genuine nature of the commitment.

Exclusive commitment

Proof of exclusivity, such as statements about not dating others, underscores the seriousness of the de facto relationship.

Joint decision-making

Evidence of making significant decisions together, such as career moves or family planning, highlights the depth of the commitment.

Partner Visa Requirements in Australia

For more information on when you can apply, it's important to understand these requirements thoroughly.

To qualify for an Australian partner visa, you must meet these requirements:

A genuine and continuing relationship.
An eligible sponsor.
The health requirement.
The character requirement.

The Four Pillars of Relationship Evidence

The Department of Home Affairs assesses every partner visa application against four categories of evidence. Each pillar must be addressed and a gap in any one category can affect the outcome of your application.

For a fuller breakdown of exactly what evidence is expected under each pillar, see our detailed evidence guide.

Download requirement checklist

Joint financial management

Evidence of a married relationship with shared financial responsibilities, such as joint bank accounts or joint ownership of assets, demonstrates the partnership's financial interdependence.

Shared financial goals

Applicants should show they have aligned financial goals, like saving for a home or planning joint investments. Financial aspects should be clear.

Financial support

Documentation of one partner financially supporting the other, if applicable, indicates a genuine partnership.

Shared expenses

Proof of shared expenses, like utility bills or rent, and even joint responsibility supports the evidence of financial cooperation.

Asset ownership

Evidence of jointly owned major assets, such as a car or property, can strengthen the application by showing shared financial investment.

Shared residence

Proof of living together, such as lease agreements or utility bills, confirms the cohabitation aspect of the de facto relationship.

Household duties

Evidence of shared household responsibilities, like grocery shopping or chores, indicates a genuine living arrangement.

Joint household management

Documentation showing joint decisions on household management, such as home improvements, reflects partnership in daily life.

Household membership

Acknowledgement by third parties of both partners as members of the same household adds credibility to the living arrangement.

Living arrangements

Consistent living arrangements over time, with evidence like dated mail, support the application by showing stability.

Future planning

Documentation of future plans together, such as travel itineraries or financial planning, reflects long-term commitment.

Emotional support

Evidence of emotional support, like personal correspondence or messages, demonstrates the emotional connection.

Long-term intentions

Statements expressing intent to stay together long-term, whether written or verbal, support the genuine nature of the commitment.

Exclusive commitment

Proof of exclusivity, such as statements about not dating others, underscores the seriousness of the de facto relationship.

Joint decision-making

Evidence of making significant decisions together, such as career moves or family planning, highlights the depth of the commitment.

1. Initial consultation

We begin with a personalised consultation to understand your unique circumstances, assess your eligibility, and outline the best visa options for you.

2. Document preparation

Our team will assist in gathering and preparing all required documents, ensuring your application is accurate, complete, and compliant with all legal requirements, and providing critical documents like your birth certificate. It is essential that you have these ready.

3. Application submission

Once your documents are ready, we handle the submission of your application to the Department of Home Affairs, keeping everything on track and within deadlines. To learn more about the application process, check out our guide on how to apply for a temporary or permanent partner visa for Australia.

4. Ongoing support

Throughout the entire process, we provide ongoing support and communication, addressing any additional requests or concerns until your the Department makes a decision.

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Application steps

Choose your pathway: the 820/801 if you are in Australia, the 309/100 if you are outside Australia, or the 300 if you plan to marry.
Check that your sponsor is eligible.
Gather your evidence for the four areas: financial, household, social and commitment.
Lodge your application through ImmiAccount and pay the visa application charge.
Give health checks and biometrics when the Department asks for them.

How Australian Migration Lawyers manages your application

Initial consultationWe begin with a personalised consultation to understand your unique circumstances, assess your eligibility, and outline the best visa options for you.
Document preparationOur team assists in gathering and preparing all required documents, ensuring your application is accurate, complete, and compliant with all legal requirements.
Application submissionOnce your documents are ready, we handle the submission of your application to the Department of Home Affairs, keeping everything on track and within deadlines.
Ongoing supportThroughout the process, we provide ongoing support and communication, addressing any additional requests or concerns until the Department makes a decision.

Book a free consultation *

How to apply for a partner visa in Australia

Choose your pathway: the 820/801 if you are in Australia, the 309/100 if you are outside Australia, or the 300 if you plan to marry.
Check that your sponsor is eligible.
Gather your evidence for the four areas: financial, household, social and commitment.
Lodge your application through ImmiAccount and pay the visa application charge.
Give health checks and biometrics when the Department asks for them.

Count on Australian Migration Lawyers to bring your family together

We are deeply committed to reuniting families and providing compassionate support throughout your visa journey. With decades of experience, we stand by you every step of the way, whether you're in Australia or overseas. Our flexible approach means you can meet with us in person or online, ensuring we’re accessible whenever you need us.

Our team of dedicated partner visa lawyers understands that every case is unique. We take the time to listen, guide, and empower you with the best possible advice, treating your goals as our own. We are not just legal representatives; we are your partners in navigating the migration process, working tirelessly to keep your family together and bring your loved ones home through the right partner visa for Australia.

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Why work with our partner visa lawyers in Australia

What makes a partner visa complex is the volume of evidence required across four separate categories, strict eligibility rules that vary by relationship type and location, and the risk that a single missing document can delay or derail your application. Working with an experienced partner visa migration lawyer addresses each of these directly.

We simplify complex cases: We can navigate intricate scenarios and ensure your application meets all legal requirements.
We handle the paperwork for you: We make sure your documents are accurate, complete, and submitted correctly, reducing the risk of errors.
We help lower your risk of refusal: With our deep understanding of partner visa regulations, we address potential issues early on, helping to maximise your chances of success.
We’re here to support your needs: Whether it’s overcoming language barriers, managing stress, or personal challenges, we’re with you every step of the way.
We keep you informed: Our team ensures you’re updated throughout the entire process, so you always know what to expect next.

Our partner visa immigration lawyers work with couples in Australia and overseas. You can meet with us in person or online.

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Partner visa cost and fees in Australia

Before lodging your application, it's important to understand the Partner Visa costs in Australia, including government fees, medical examinations, police checks, and any document translation expenses. Having a clear understanding of these costs can help you plan your application and avoid unexpected expenses.

Your expenses can vary based on the type of temporary partner visa you’re applying for and your individual circumstances. We’ve outlined the primary costs you can expect when applying for different temporary partner visas to help you budget accordingly.

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Applicant	Visa application charge
Main applicant	$11,710
Child aged 18 or over	$5,860
Child under 18	$2,935

These charges apply to the 820/801, 309/100, 300, family violence and Schedule 3 pathways. For the 300 visa, these amounts are the first instalment, due at lodgement.

Other costs can include medical examinations, police checks and document translations.

Partner visa processing time

Most partner visa applications take between 22 and 32 months to process, depending on the visa type and specific circumstances of your application. The temporary partner visa (820 or 309) comes first. The permanent partner visa (801 or 100) follows about two years later. Factors such as the accuracy of your submission, the completeness of your documents, and the time of lodgement can all influence the timeframe. Understanding these elements can help you better anticipate the process and manage expectations.

Other factors that impact processing times include government efficiency and external checks like health and character assessments. To learn more about how long partner visa processing takes in Australia, it’s important to consider these common variables:

Additional documentation requests or delays in health and character checks can extend processing times.
High application volumes, especially during peak periods, may result in longer waiting periods.
Incomplete or inaccurate applications can cause significant delays, emphasising the need for thorough preparation.

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July, 2024

The definition of family violence was updated to be more inclusive, using "experienced" instead of "suffered," reflecting a respectful approach.

July, 2025

The government application fee for partner visas (subclasses 820/801, 309/100, and 300) increased to $9,365 for the primary applicant, with additional applicant fees of $4,685 for applicants aged 18 or over and $2,345 for applicants under 18.

March, 2026

The Migration Amendment (2026 Measures No. 1) Act 2026 received Royal Assent, giving the government power to temporarily pause arrivals for groups of temporary visa holders during international emergencies. Offshore applicants should note that holding a valid visa no longer guarantees entry if an arrival control determination is in place. If an arrival control determination applies, plan your travel with your lawyer before you book.

April, 2026

The Department of Home Affairs now expects partner visa applications to be decision-ready at lodgement. Multiple follow-up requests are no longer routinely issued. Lodge with your evidence ready.

July, 2026

The partner visa application charge increased to $11,710 for the primary applicant, an increase of approximately 25 percent, with additional applicant charges of $5,860 for a child 18 or over and $2,935 for a child under 18.

Recent changes to partner visa laws

Navigating temporary partner visa laws can be complex, especially with the frequent updates and changes to regulations. We're committed to staying ahead of these changes, so you don't have to. Our migration lawyers prepare your application against the current rules. Explore our timeline below to stay informed about the most recent updates in partner visa laws and see how we help you adapt to these evolving legal landscapes.

July, 2024

The definition of family violence was updated to be more inclusive, using "experienced" instead of "suffered," reflecting a respectful approach.
July, 2025

The government application fee for partner visas (subclasses 820/801, 309/100, and 300) increased to $9,365 for the primary applicant, with additional applicant fees of $4,685 for applicants aged 18 or over and $2,345 for applicants under 18.
March, 2026

The Migration Amendment (2026 Measures No. 1) Act 2026 received Royal Assent, giving the government power to temporarily pause arrivals for groups of temporary visa holders during international emergencies. Offshore applicants should note that holding a valid visa no longer guarantees entry if an arrival control determination is in place. If an arrival control determination applies, plan your travel with your lawyer before you book.
April, 2026

The Department of Home Affairs now expects partner visa applications to be decision-ready at lodgement. Multiple follow-up requests are no longer routinely issued. Lodge with your evidence ready.
July, 2026

The partner visa application charge increased to $11,710 for the primary applicant, an increase of approximately 25 percent, with additional applicant charges of $5,860 for a child 18 or over and $2,935 for a child under 18.

Visa type

Visitor visa Australia (Subclass 600)

Timeline

3 months

Lawyer

Benjamin Magill

Visa type

Protection Visa

Timeline

1 year

Lawyer

Walt Calis

Visa type

Protection Visa

Timeline

1 year

Lawyer

Benjamin Magill

Visa type

Partner Visa (Subclass 820) Granted

Timeline

14 months

Lawyer

Yasmin Hicks

Visa type

Partner Visa (Subclass 820/801)

Timeline

2 years and 11 months

Lawyer

Cindy Zhao 趙青

Visa type

Skills in Demand Visa (Subclass 482) Grant

Timeline

5 months

Lawyer

Cindy Zhao 趙青

Visa type

Visitor Visa (Subclass 600)

Timeline

1 month

Lawyer

Oliver Thomas Christensen

Visa type

Protection visa (subclass 866)

Timeline

1 year and 8 months

Lawyer

Annalise Pope

Visa type

Partner Visa (820/801)

Timeline

17 hours (after lodgement)

Lawyer

Hannah Warner

Visa type

Double Grant Partner 309/100 Visa

Timeline

6 months

Lawyer

Benjamin Magill

Visa type

Temporary Skill Shortage (subclass 482)

Timeline

9 months

Lawyer

Cindy Zhao 趙青

Visa type

Subclass 300 Prospective Marriage Visa

Timeline

1 year

Lawyer

Perry Q Wood

Visa type

Partner 801 Visa (Domestic Violence Case)

Timeline

2 months

Lawyer

Perry Q Wood

Visa type

Protection Visa Application

Timeline

59 Days

Lawyer

Benjamin Magill

Visa type

Employer Sponsor Appeal

Timeline

6 months

Lawyer

Cindy Zhao 趙青

Visa type

New Zealand Citizen Family Relationship visa (subclass 461)

Timeline

6.5 weeks

Lawyer

Benjamin Magill

Visa type

Partner Visa (subclass 309)

Timeline

1 year

Lawyer

Perry Q Wood

Visa type

Partner (Provisional) Visa Appeal (subclass 309)

Timeline

9 months

Lawyer

Micah Schembri

Visa type

Orphan Relative 117 Cancellation Visa

Timeline

2 months

Lawyer

Benjamin Magill

Visa type

BF Transitional (Permanent) visa

Timeline

1 year and 5 months

Lawyer

Cindy Zhao 趙青

Visa type

Partner Visa (Subclass 820) Granted

Timeline

14 months

Lawyer

Yasmin Hicks

Visa type

Partner Visa (Subclass 820/801)

Timeline

2 years and 11 months

Lawyer

Cindy Zhao 趙青

Visa type

Partner Visa (820/801)

Timeline

17 hours (after lodgement)

Lawyer

Hannah Warner

Visa type

Double Grant Partner 309/100 Visa

Timeline

6 months

Lawyer

Benjamin Magill

Visa type

Subclass 300 Prospective Marriage Visa

Timeline

1 year

Lawyer

Perry Q Wood

Visa type

Partner 801 Visa (Domestic Violence Case)

Timeline

2 months

Lawyer

Perry Q Wood

Visa type

Partner Visa (subclass 309)

Timeline

1 year

Lawyer

Perry Q Wood

Visa type

Partner (Provisional) Visa Appeal (subclass 309)

Timeline

9 months

Lawyer

Micah Schembri

Problem: Current visa expires. Will I need a bridging visa?

Your current visa is expiring or expired, and you want to apply for a partner visa.

Solution

If you apply for the partner visa before your current visa expires, you will be covered by a Bridging Visa A (BVA), which will allow you to stay in Australia whilst you wait for your application to be processed. If you lodge your partner visa application after your current visa expires, your application may be considered invalid because you did not hold a substantive visa at the time of application. In this case, you would need to apply for a Bridging Visa E (BVE) to ensure you remain in Australia lawfully whilst you resolve your immigration status.

Current visa is cancelled. Can I still get a bridging visa?

Your current visa has been cancelled, and you want to apply for a partner visa.

Solution

If your visa has been cancelled and you want to apply for a partner visa (Subclass 820) in Australia, the process can be complex. However, partner visa applications are exempt from the Section 48 Bar, meaning you can apply for a partner visa even after a visa cancellation. You should:

Apply for a Bridging Visa E (BVE) whilst you sort out your immigration status.
Prepare and submit your partner visa (subclass 820) application, addressing the visa cancellation in your application.

Problem: You separate during the visa processing period

You and your partner are legally married but separate during the partner visa processing period.

Solution

If you separate before the temporary partner visa is granted (subclass 820 or 309), the Department of Home Affairs should be notified, and typically, the application will be refused.

If you have been granted the temporary visa but separate before the permanent visa decision, the visa can still be refused; however, there are exceptions for specific circumstances.

If you separate once the permanent partner visa is granted, it does not affect your visa status, and you can remain in Australia as a permanent resident.

To learn more, read our blog: What If Your Relationship Ends During a Partner Visa?

Problem: You can’t access all necessary documents

You cannot access all necessary documents while completing your application for a partner visa.

Solution

If you cannot access or obtain certain documents, it does not mean you cannot submit an application. You can submit alternative evidence, statutory declarations, or personal statements to strengthen your case.

If you cannot provide the documents in the specified timeframe, you can request an extension of time with the Department of Home Affairs before the original timeframe for response expires.

Problem: Insufficient evidence of relationship

You don’t have sufficient evidence of your de facto relationship when applying for a partner visa.

Solution

If you have insufficient evidence for your own de facto relationship with your partner, submitting alternative de facto relationship evidence, such as personal statements, statutory declarations, and social proof, can strengthen your application.

You can provide explanations for gaps in evidence and include any supporting documents showing shared responsibilities, future intentions, and financial arrangements.

Seeking professional advice from a migration lawyer is recommended to address the issue of insufficient evidence and and to review the gaps in your evidence.

Problem: Partner is offshore

You’re applying for a partner visa, but your partner is currently offshore (outside Australia).

Solution

If you want to apply for a partner visa but your partner is offshore (outside Australia), you will need to apply for an offshore partner visa (Subclass 309/100).

Important Considerations:

The offshore partner visa (subclass 309) does not automatically grant a Bridging Visa A (BVA).
If your partner is in Australia on another visa (e.g., visitor or student visa), they will need to leave the country before the 309 visa is granted.

Current visa expires. Will I need a bridging visa?

Your current visa is expiring or has expired, and you want to apply for a partner visa.

Suggestion

The timing of your application relative to your visa expiry has significant consequences for your lawful status in Australia. Getting this wrong can affect your ability to remain in the country while your application is processed. Contact us before your visa expires.

Current visa is cancelled. Can I still get a bridging visa?

Your current visa has been cancelled, and you want to apply for a partner visa.

Suggestion

A visa cancellation does not automatically prevent you from applying for a partner visa, but the process is complex and the steps you take immediately after cancellation matter. Contact us promptly to understand your options.

You separate during the visa processing period

You and your partner are legally married but separate during the partner visa processing period.

Suggestion

A change in your relationship during the processing period has different consequences depending on where you are in the process. The outcome depends on your specific circumstances. Speak with your lawyer before notifying the Department of Home Affairs.

To learn more, read our blog: What If Your Relationship Ends During a Partner Visa?

You can't access all necessary documents

You cannot access all necessary documents while completing your partner visa application.

Suggestion

Difficulty obtaining documents does not necessarily prevent you from lodging an application, but how you handle it matters. Our lawyers can advise on the options available to you.

Insufficient evidence of relationship

You do not have sufficient evidence of your relationship when applying for a partner visa.

Suggestion

Insufficient evidence is one of the most common reasons partner visa applications are refused or delayed. A lawyer can review your evidence before lodgement and identify gaps while there is still time to address them.

Partner is offshore

You are applying for a partner visa, but your partner is currently outside Australia.

Suggestion

Applicants outside Australia apply through a different pathway, and there are important bridging visa considerations that differ from the onshore process. Contact us to confirm the right approach before lodging.

Why partner visa applications are refused

Common reasons include weak relationship evidence, inconsistent statements, non-disclosure (including PIC 4020), unmet health or character requirements, sponsor limits, the wrong visa subclass, and no reply to a request for information. Many of these are avoidable with proper preparation.

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Partner visa for LGBTQIA couples

LGBTQIA couples apply for a partner visa on the same pathways as other couples. The 820/801 and the 309/100 apply to married and de facto couples. You must show a genuine and continuing relationship.

We support the LGBTQ+ community globally.

Is a spouse visa the same as a partner visa in Australia?

Yes. Australia does not issue a separate "spouse visa" — married applicants apply through the same Partner visa pathways as de facto couples: the onshore Subclass 820/801 or the offshore Subclass 309/100. A valid, Australian-recognised marriage certificate is required as evidence of the relationship, alongside proof the marriage is genuine and continuing.

What are the benefits of getting a Partner visa?

A partner visa in Australia provides stability for both you and your sponsoring Australian partner or spouse, allowing you to live and build a life together in Australia without the stress of temporary status. It offers various benefits, even before permanent residency is granted.

As a permanent partner visa subclass 309, 820, or 300 visa holder, you can:

Enter Australia (subclass 309 and 300).
Work without restrictions and earn at least the minimum wage.
Study without limitations.
Travel freely in and out of Australia.
Access Medicare.
Get married (subclass 300).

As a subclass 100 or subclass 801 visa holder, in addition to the above, you can:

Enjoy full Medicare access.
Pay domestic student fees at Australian institutions.
Apply for citizenship once residence requirements are met.
Sponsor family members under the relevant programmes

Can I apply for a partner visa while on a bridging visa?

Yes, you can, but you must obtain permission from the Department to stay in Australia while your temporary partner visa subclass 820 application is processed. This requires showing compelling reasons. The requirements are strict, so please contact us to discuss what you'll need for your partner visa application.

*Applicable to subclass 820/801 visa applicants.

Can I appeal if my partner visa application is refused?

Yes, the applicant or sponsor can usually appeal the visa refusal to the Administrative Review Tribunal, which will review the decision according to the law. Our legal team is experienced in the appeals process and can represent you before the Tribunal.

What happens after I become an Australian permanent resident?

Once you obtain a full permanent residence visa or partner visa, you can apply for Australian citizenship after meeting residence requirements. We can guide you on the specific requirements and help you navigate the process of becoming an Australian citizen as efficiently as possible.

Can a permanent partner visa be cancelled in Australia?

Yes, permanent partner visas can be cancelled under certain conditions, such as providing false information, breaching visa conditions, or engaging in serious criminal activity. If you’re concerned about a potential cancellation of a permanent basis here, please contact us promptly, as opportunities to appeal have strict time limits.

How do I sponsor my partner to Australia?

Your partner applies for the visa and you are the sponsor. You must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

Will I have a partner visa interview?

Not every applicant does. The Department may ask for one, or ask questions in writing. Prepare your evidence so your answers match your documents.

Can a long-distance couple apply for a partner visa?

Yes, if you can show a genuine and continuing relationship. Keep records of your visits and your contact.

What does a partner visa cost?

The main applicant charge is $11,710. A child aged 18 or over is $5,860. A child under 18 is $2,935.

How long does a partner visa take?

Most partner visa applications take between 22 and 32 months, depending on the visa type and individual circumstances.

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Partner Visa Australia

Partner visa options for spouses or de facto partners of Australian citizens and permanent residents

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Key Takeaways

Partner Visa Overview

The Australian Migration Lawyers difference

Fixed prices

Deal directly with your lawyer

Clear communication

Satisfaction guaranteed

Installments available

Types of Australian partner visas

Spouse visa and marriage visa in Australia

Location

Duration / Length

Eligibility requirements

Location

Duration / Length

Eligibility requirements

Location

Duration / Length

Eligibility requirements

Location

Duration / Length

Eligibility requirements

Location

Duration / Length

Eligibility requirements

Location

Duration / Length

De facto visa requirements:

Check your eligibility for an Australian partner visa

Is the sponsor an Australian Citizen, PR or NZ Citizen?

Are the applicant and sponsor in a genuine, committed relationship?

Are the applicant and sponsor married / de-facto?

Is the applicant in Australia?

Have they lived together / not separately for 12 months?

Is the applicant in Australia?

Are they intending to marry before the end of the visa period?

Are they intending to marry before the end of the visa period?

The applicant may be eligible for a Prospective Marriage Visa (Subclass 300)

The applicant may be eligible for a Partner Visa (Subclass 820/801)

The applicant may be eligible for a Partner Visa (Subclass 309)

Your answers indicate that you may not be eligible for an Australian partner visa

Partner Visa Requirements in Australia

Financial aspects of the relationship

Nature of household

Social aspects of the relationship

Nature of the commitment

Partner Visa Requirements in Australia

The Four Pillars of Relationship Evidence

Partner visa sponsor requirements

Partner visa application process

1. Initial consultation

2. Document preparation

3. Application submission

4. Ongoing support

How to apply for a partner visa in Australia

Application steps

How Australian Migration Lawyers manages your application

How to apply for a partner visa in Australia

Count on Australian Migration Lawyers to bring your family together

Why work with our partner visa lawyers in Australia

Partner visa cost and fees in Australia

Partner visa processing time

Recent changes to partner visa laws

July, 2024

July, 2025

March, 2026

April, 2026

July, 2026

Recent changes to partner visa laws

July, 2024

July, 2025

March, 2026

April, 2026

July, 2026