Partner Visa Sponsorship and Processing: What You Need to Know

The Australian partner visa program allows an Australian citizen, permanent resident, or eligible New Zealand citizen to sponsor their spouse or de facto partner to live in Australia. This pathway is designed to reunite partners and provides a route to permanent residency. Navigating the application process requires a clear understanding of the different visa streams available, whether you are applying from inside or outside Australia.

Onshore vs Offshore Partner Visas (Subclass 820/801 and 309/100)

The partner visa program is divided into two main streams based on the applicant's location at the time of application. Regardless of the stream, applicants lodge a single application for both a temporary and a permanent visa, paying one consolidated government fee upfront.

• Onshore Partner Visa (Subclass 820/801): This visa is for applicants who are already in Australia. The first stage is the Temporary Partner Visa (Subclass 820), which permits the applicant to remain in Australia while the Department of Home Affairs processes their application. This temporary visa provides a bridge to the Permanent Partner Visa (Subclass 801). Once granted, the Subclass 801 visa allows the holder to live in Australia permanently.
• Offshore Partner Visa (Subclass 309/100): This visa is for applicants who are outside Australia. The initial stage is the Partner (Provisional) Visa (Subclass 309), which allows the applicant to travel to and live temporarily in Australia. This visa is the first step towards the permanent Partner (Migrant) Visa (Subclass 100). After a certain period, if the relationship is ongoing, the permanent visa is granted, allowing the holder to stay in Australia indefinitely.

The government application charge currently starts from AUD9,365.00 for most applicants. This fee is subject to change.

Who Can Sponsor and Be Sponsored?

For a partner visa application to be successful, both the sponsor and the applicant must meet specific criteria.

The sponsor must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. They must also be at least 18 years old.

The visa applicant must be in a legally recognised relationship with their sponsor as either a:

• Spouse, meaning you are legally married.
• De facto partner, meaning you have been in a genuine, committed relationship for at least 12 months

Sponsorship Requirements and Responsibilities

Meeting the core requirements for partner visa sponsorship is crucial. The Department of Home Affairs assesses several key areas of the application in detail.

Evidence of a Genuine and Continuing Relationship

The sponsor and the applicant must provide substantial evidence to prove their relationship is genuine and ongoing. Simply being married or living together is not enough. Evidence can include documents showing shared finances, the nature of your household, social aspects of your relationship, and your commitment to one another. Personal statements from both partners are also a vital component.

Character, and Identity Requirements

The character of both the applicant and the sponsor is also assessed. A significant criminal record, particularly a prison sentence of 12 months or more, can lead to a refusal. Applicants must provide police clearance certificates from every country they have lived in for 12 months or more over the last ten years. Australian Migration Lawyers can provide guidance on meeting these complex requirements.

During the application, the sponsor is required to lodge Form 40SP (Sponsorship for a partner to migrate to Australia) along with other essential documents through their online ImmiAccount.

Sponsor Obligations and Limitations

There are strict limitations on sponsorships. If a sponsor has previously sponsored another partner, they may need to wait at least five years before they can sponsor again. Furthermore, an individual is generally limited to sponsoring only two partners in their lifetime.

Current Processing Times and What Affects Them

Partner visa processing times can vary significantly based on the specifics of the application and the Department's current workload.

Indicative Timelines for Onshore and Offshore Visas

The Department of Home Affairs provides estimated processing times, which are updated periodically. As of late 2025, typical timelines are:

• Subclass 309/100 Visa: The temporary Subclass 309 stage sees most applications processed within 21 to 31 months. The permanent Subclass 100 stage typically takes between 19 and 29 months after eligibility.
• Subclass 820/801 Visa: For the onshore stream, the temporary Subclass 820 visa is often processed within 21 to 34 months. The permanent Subclass 801 stage is generally quicker, with most processed in 12 to 20 months.

It is important to remember that these are just estimates. The processing time for the temporary visa is calculated from the date of lodgement.

Factors That Influence Processing Times

Several factors can delay a partner visa application. Delays are often caused by incomplete applications or slow responses to requests for further information from the Department. Delays in receiving external checks, such as police clearances or health assessments, can also cause significant obstructions.

To avoid unnecessary hindrances, applicants should aim to submit a comprehensive, "decision-ready" application. This includes:

• Providing all necessary supporting documents at the time of lodgement.
• Applying online through the ImmiAccount to streamline submission.
• Responding to any departmental requests for information promptly.

Application Tips and Next Steps

A well-prepared application can help manage timelines and maximise your prospects of a successful outcome.

Preparing a Strong Application Package

To help your application move through the system efficiently, it is vital to provide a complete and well-organised application package. Using the document checklists available in ImmiAccount is a good starting point to ensure all required forms and evidence are attached.

When to Seek Professional Advice

While some applicants can manage the process themselves, seeking guidance from a legal professional is highly advisable, especially for those with complex circumstances. An experienced lawyer can provide tailored assistance with eligibility issues, documentation requirements, and preparing a strong case.

Staying Updated on Policy Developments

Migration law and policy are subject to constant change. The Department of Home Affairs regularly updates its procedures and priorities. It is essential to stay informed about these developments to ensure your application remains on the right track from lodgement to decision.

Final Thoughts

The partner visa application provides a clear pathway for a spouse or de facto partner to live in Australia permanently. Being thoroughly informed about the different visa types, the detailed application process, and the significant sponsorship requirements is the first step toward a successful outcome. Both onshore and offshore visas can lead to permanent residence, which is a prerequisite for those who later wish to apply for Australian citizenship. As application volumes continue to grow, staying informed and preparing a meticulous application has never been more important. For expert assistance with your partner visa journey, contact Australian Migration Lawyers.