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Partner Visas

Overview

✦Partner Visas — Bringing Your Partner to Australia

The partner visa pathway allows Australian citizens, permanent residents, and eligible New Zealand citizens to sponsor their spouse or de facto partner to live and work in Australia.

The process is generally divided into two stages — a temporary visa (stage one) and a permanent visa (stage two). Applicants must demonstrate that their relationship is genuine and continuing, supported by evidence across financial, social, household, and commitment-based aspects.

The Three Pathways

Applying from outside Australia — Subclasses 309 and 100

The Subclass 309 is the temporary stage for applicants who are outside Australia when they apply. Around two years after lodgement, the Department assesses eligibility for the permanent Subclass 100. If the relationship remains genuine and continuing at that point, the permanent visa is granted. Couples in long-term relationships (generally three years, or two years where there is a dependent child of the relationship) may be assessed for the permanent visa directly.

Applying from within Australia — Subclasses 820 and 801

The Subclass 820 is the temporary stage of the onshore pathway, available to eligible applicants who are in Australia at the time of lodgement. The permanent Subclass 801 follows in the same sequence as the offshore pathway — assessed around two years from the original application date, provided the relationship remains genuine and continuing.

Engaged to be married — Prospective Marriage Visa (Subclass 300)

The Subclass 300 allows you to travel to Australia to marry your Australian citizen, permanent resident or eligible New Zealand citizen fiancé or fiancée. The marriage must generally occur within the visa validity period, which is usually between 9 and 15 months from the date of grant. After the marriage, you can apply onshore for the Subclass 820/801 partner visa pathway.

Eligibility Requirements

To be eligible for a partner visa, the following conditions must generally be satisfied:

The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen aged 18 or over.

The applicant and sponsor must be in a genuine spousal or de facto relationship.

De facto couples must have been in a relationship for at least 12 months prior to lodgement (exceptions apply for registered relationships).

Both parties must be aged 18 or over (with limited exceptions for offshore applications).

The sponsor must not be subject to a bar on sponsoring — sponsors are generally limited to two approvals in a lifetime and one active sponsorship at a time.

The applicant must meet health and character requirements.

Evidencing a Genuine Relationship

The Department assesses every partner relationship across four categories. Strong applications address all four with consistent, contemporaneous evidence.

Financial aspects

A shared financial life: joint bank accounts, shared household expenses, joint assets or liabilities, and patterns of mutual financial support.

Nature of the household

Your shared living arrangements: leases or ownership documents, joint utility accounts, and how you share domestic responsibilities and organise daily life.

Social aspects

How the relationship is recognised by family, friends and community: statutory declarations from people who know you (Form 888), joint invitations, shared activities and joint travel.

Nature of your commitment

The duration of the relationship, your knowledge of each other’s lives, your plans for the future, and your mutual commitment to a shared life together to the exclusion of all others.

Review Rights

If a partner visa application is refused, the applicant generally has the right to seek merits review at the Administrative Review Tribunal (ART), provided they are not offshore at the time of lodgement of the review application. Time limits apply and are strictly enforced.

Frequently Asked Questions

Can I apply for a partner visa if we are not married?

Yes. De facto relationships can be eligible if you meet relationship requirements, including living together (or not living separately on a permanent basis) and demonstrating a genuine and continuing relationship.

How do we prove our relationship is genuine?

Evidence may include shared finances, living arrangements, communication history, social recognition, travel history, and commitment to a shared life.

Can I apply while on a visitor visa?

Yes, in many cases you can apply while in Australia on a valid visa. However, visa conditions such as "no further stay" may affect eligibility.

How long does a partner visa take?

Processing times vary. Partner visas are generally processed in stages and can take several months to years depending on individual circumstances.

Why Choose Yantra Legal?

Yantra Legal is a boutique Australian law practice focused on providing clear, practical, and compassionate legal support in migration and family law matters. We understand that legal issues are often closely tied to important life decisions, relationships, and future plans. Our approach is grounded in clarity, strategy, and genuine care for each client's situation.

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Yantra Legal is a boutique Australian law practice providing practical and compassionate legal support in migration and family law matters. We combine legal expertise with a clear, honest, and client-focused approach to help you make informed decisions at every stage.

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