Applying for a Partner visa in Australia can feel overwhelming, and for good reason. The legal requirements are strict, the paperwork is rigorous, and mistakes, sometimes even minor errors, can cause significant delays or put your application at risk. A clear understanding of your rights, responsibilities, and eligibility is crucial to ensure your application has the best chance of success.

In this guide, we will explain the key legal requirements, address frequently asked questions, and provide practical legal insights to help you navigate the Partner visa process with confidence. This guide applies to all couples — whether same-sex or opposite-sex, married or unmarried, and whether living together or apart — who are seeking to pursue the Partner visa pathway.

What Partner visas are available in Australia?

If you are married or in a de facto relationship, there are two main Partner visa options in Australia: the onshore Partner visa (subclass 820/801) and the offshore Partner visa (subclass 309/100).

Both the onshore and offshore Partner visas serve the same purpose – to enable the visa applicant to live in Australia with their partner, who must be an Australian citizen, permanent resident, or eligible New Zealand citizen.

Each involves a two-stage process: an initial temporary visa is granted first, followed by eligibility for permanent residency once the relationship is shown to remain genuine and ongoing.

If you intend to marry your Australian partner in Australia, it may be necessary to apply for a Prospective Marriage visa (subclass 300), which allows you to enter Australia, marry your partner, and subsequently transition to a Partner visa.

Onshore Partner Visa – Subclass 820/801

The onshore Partner visa is designed for applicants who are already in Australia at the time of lodging their application.

The process begins with the temporary Partner visa (subclass 820). While awaiting a decision, applicants are generally granted a Bridging visa, which allows them to remain lawfully in Australia during the processing period.

Holders of the subclass 820 visa or an appropriate Bridging visa are usually entitled to work, study and access Medicare while their application is being assessed. However, applicants should exercise caution when travelling outside Australia, as travel rights depend on the specific conditions attached to their Bridging visa.

Following the grant of the subclass 820 visa, and generally around two years after the date of lodgment, applicants become eligible to provide additional documentation in support of the permanent Partner visa (subclass 801). The relationship must remain genuine and ongoing, and sufficient evidence must be submitted to substantiate this.

Offshore Partner Visa – Subclass 309/100

The offshore Partner visa is intended for applicants who are located outside Australia at the time of lodging their application.

This process begins with the application for the temporary Partner visa (subclass 309). Once granted, this visa allows the applicant to enter and reside in Australia with their Australian partner while awaiting the outcome of the permanent Partner visa (subclass 100).

Similar to the onshore pathway, applicants may become eligible for the permanent Partner visa (subclass 100) approximately two years after the date of lodgment, provided the relationship continues to satisfy the relevant legal and evidentiary requirements.

Similar to the subclass 801 visa, the subclass 100 visa grants permanent residency in Australia, enabling the visa holder to live, work, and study indefinitely, and to eventually apply for Australian citizenship, subject to meeting the eligibility requirements.

What are the Partner visa requirements in Australia?

Australia’s Partner visa is available to couples who are either legally married or in a de facto relationship that demonstrates a mutual commitment to a shared life. Both same-sex and opposite-sex couples are eligible.

To be eligible for this visa as a de facto partner, applicants must generally:

• Be in a genuine and continuing relationship with their partner, who is an Australian citizen, permanent resident, or eligible New Zealand citizen;
• Have been in a de facto relationship for at least 12 months immediately before applying; and
• Provide comprehensive evidence that your relationship is genuine and ongoing, addressing the financial, social, household, and commitment aspects of the partnership.

The 12-month cohabitation requirement may not apply if the relationship is formally registered with a State or Territory that maintains a relationship register.

Relationship registration is available in all Australian States and Territories, except Western Australia and the Northern Territory.

What is classified as a de facto relationship?

In Australia, a de facto relationship refers to a couple living on a genuine domestic basis, even if they are not legally married. To qualify under the migration law, you must demonstrate that you:

• Are not married to each other;
• Are not related by family;
• Live together (or have lived together) in a shared household;
• Do not live separately and apart on a permanent basis;
• Have a mutual commitment to a shared life, to the exclusion of all others; and
• Are in a genuine and continuing relationship.

Merely sharing a residence is insufficient. Individuals who live together as housemates or friends, without showing emotional, financial, or social interdependence, will not satisfy the required standard.

It is also worth noting that couples who are unable to live together full-time — such as those working under FIFO arrangements, serving in the military, or living apart due to temporary circumstances — may still be recognised as being in a de facto relationship. The key is the ability to provide evidence of a shared life through financial, communicative, and emotional commitment.

The key takeaway: Australian law focuses on the substance of your relationship rather than the couple’s living arrangements. If you are separated at the time of application, or if the relationship cannot be demonstrated to be genuine and continuing, your Partner visa application is unlikely to succeed.

A note on Australian partner sponsorship

Sponsorship is integral to the Partner visa process. Without an eligible sponsor, the application cannot proceed.

To qualify as a sponsor, your partner must be at least 18 years of age and be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.

• Sponsors are also required to:
• Confirm the genuine nature of the relationship in a written statement;
• Provide proof of their status and identity (such as a passport or birth certificate); and
• Meet the character requirements set by the Department of Home Affairs.

In some circumstances, sponsors may also need to undergo health checks.

How much does a Partner visa cost?

In Australia, the Partner visa application fee currently starts from AUD $9,365 for most applicants. Applicants holding a Prospective Marriage visa (subclass 300) may be eligible for a reduced fee of AUD $1,560.

It is important to note that these fees cover only the Department of Home Affairs application charge. They do not include additional mandatory or recommended expenses, such as:

• Medical examinations;
• National police checks or other overseas penal clearance certificates;
• Certified translations of documents; or
• Professional legal advice.

If you are applying with dependent children, additional charges also apply.

How to apply for a Partner visa

Applying for a Partner visa in Australia is a multi-step process that requires careful preparation and strict compliance with the requirements set by the Department of Home Affairs.

The success of your application depends on providing robust evidence of your relationship and ensuring that all forms and documents are complete, accurate, and well-organised.

Given that the Partner visa is one of the most expensive visas in the Australian immigration system, careful preparation of your application is essential to avoid delays or complications.

1. Gather evidence of your relationship

Before lodging your Partner visa application, it is essential to gather documents that demonstrate that your relationship is genuine and continuing. These may include:

• Joint financial records: bank statements, shared bills, mortgage or lease;
• Proof of living arrangements: rental agreements, utility accounts, shared services;
• Communication history: meaningful messages, call logs, or emails;
• Photos together in everyday life and at special events;
• Travel records: tickets, hotel bookings, or itineraries showing time spent together;
• Statutory declarations from both partners;
• At least two Form 888 declarations from friends or family;
• Marriage certificate or relationship registration certificate, as applicable;
• Evidence of future plans, such as housing, children, or financial goals.

Beyond simply providing documentation as a box-ticking exercise, the Department of Home Affairs wants to see a coherent narrative of your relationship. Every relationship is unique, and rather than flooding the case officer with every receipt or photo, it is important to curate your documents to clearly illustrate how your relationship began, how it has developed, and how it is expected to continue in the future.

2. Lodge the visa application

All Partner visa applications must be submitted online through ImmiAccount.

Applicants are required to:

• Submit the application via the ImmiAccount;
• Pay the applicable visa application fee; and
• Upload all required supporting documents.

3. Meet health and character requirements

All applicants are required to provide police clearances from each country in which they have lived for 12 months or more. In addition, applicants must undergo health examinations, with the results of these examinations sent directly to the Department of Home Affairs. These assessments are mandatory and must be completed for the application to be processed.

4. Attend an interview (if required)

Some applicants may be required to attend an interview with a Department of Home Affairs case officer to discuss their relationship and provide further clarification. It is crucial to be consistent, truthful, and thorough during this stage.

5. Wait for processing and decision

If your application is approved, you will be granted a temporary Partner visa. After approximately two years, provided your relationship continues to be genuine and ongoing, you may progress to the permanent Partner visa stage.

What factors are considered when assessing a Partner visa application?

When assessing a Partner visa, whether for married couples or de facto partners, the Department of Home Affairs focuses on whether the relationship is genuine and continuing. Evidence addressing the four categories below can significantly strengthen your application.

1. Financial aspects

Applicants must demonstrate financial interdependence, meaning both partners contribute to and share financial responsibilities.

Examples of supporting evidence include:

• Joint bank accounts actively used by both partners;
• Shared mortgage or rental agreements;
• Household bills in both partners’ names; and
• Joint liabilities, such as car loans or insurance policies.

The emphasis is on genuine and ongoing use, rather than arrangements that exist solely on paper.

2. Household aspects

The Department considers how couples live together daily, distinguishing between a genuine married or de facto relationship and a situation where individuals are merely housemates.

Evidence of cohabitation may include:

• Mail addressed to both partners at the same residence;
• Shared household responsibilities such as cooking, shopping, or cleaning; and
• Joint tenancy or property ownership documents.

While statutory declarations (Form 888) from family and friends are valuable, detailed personal statements from each partner explaining how the household operates often carry significant weight in demonstrating a genuine, ongoing relationship.

3. Social aspects

A strong Partner visa application also demonstrates that your relationship is publicly recognised. Evidence may include:

• Photographs taken together at social events;
• Joint invitations to weddings, family functions, or other gatherings;
• Shared holidays or travel experiences; and
• Written statements from friends or relatives confirming your relationship.

Social media can support your application, but it should reflect genuine interaction rather than content staged solely for visa purposes.

4. Nature of the commitment

Finally, the Department of Home Affairs assesses the long-term commitment between partners. This may include:

• Plans, such as housing or children;
• Evidence of emotional and practical support; and
• Formal recognition of each other in wills, superannuation, or insurance beneficiary nominations.

While this category can be somewhat subjective, well-prepared statements and supporting documentation can make it one of the most persuasive elements of a Partner visa application.

How long does it take to process a Partner visa?

In Australia, each stage of the Partner visa typically takes 9 to 27 months to be processed. The exact timeframe depends on factors such as the completeness of your application, the strength of your supporting documents, any complicating circumstances surrounding the relationship, and current Department of Home Affairs processing backlogs. It is important to note that the Department of Home Affairs will not provide an exact estimate of how quickly your application will be processed.

To avoid delays, applicants should:

• Submit a complete application with well-organised evidence.
• Ensure all forms, including Form 888 declarations, are accurate and consistent; and
• Respond promptly to any requests from the Department of Home Affairs.

While the waiting period can be stressful, a carefully prepared application provides the best chance of approval without unnecessary setbacks.

What if my Partner visa application is rejected?

If your Partner visa application is refused in Australia, you generally have the right to appeal the decision through the Administrative Appeals Tribunal (AAT). An appeal allows the refusal to be reviewed, but strict rules and deadlines apply.

It is essential to lodge your appeal within the timeframe specified in the refusal notice. Failing to do so may result in the loss of your review rights. If the appeal is successful, the refusal is set aside, and your application is returned to the Department of Home Affairs for reconsideration.

Can you work and travel while waiting for a Partner visa?

Yes. A Partner visa application allows you to work and access Medicare in Australia once your Bridging visa becomes active. You may also be able to travel internationally, provided you obtain the appropriate visa permissions beforehand.

If you apply for the Partner visa onshore in Australia, you will typically be granted a Bridging visa A (BVA) once your current visa expires. The BVA allows you to remain lawfully in Australia while your application is being processed and, in most cases, provides full work rights and access to Medicare.

It is important to note that these rights commence only once the Bridging visa becomes active, not while you remain on your previous substantive visa at the time of application.

Travel while your application is being assessed requires additional steps. A BVA does not allow you to leave and re-enter Australia. If you need to travel overseas, you must apply for a Bridging visa B (BVB) before departure.

Without a BVB, you risk losing the right to return, and your Partner visa application may be jeopardised.

Each applicant’s circumstances are different, so it is important to seek proper guidance when submitting your application to ensure compliance and protect your rights.

What happens if we end our relationship?

If you separate from your partner before your Partner visa is granted, your application will most likely be refused. This applies whether you are still waiting on the temporary stage or in the process of progressing to the permanent stage.

However, if you already hold a temporary Partner visa, there are limited circumstances under which you may still qualify for the permanent visa. Examples include:

• If you and your partner share a child, or
• If you have experienced family violence during the relationship, or
• Your partner dies.

In these situations, the Department of Home Affairs will carefully assess the circumstances, and strong supporting evidence will be required.

Separation during the visa process is a serious matter and can affect your right to remain in Australia. Acting promptly, understanding your options, and seeking legal advice from an experienced migration lawyer is the best way to protect your position. Sometimes you may also need to seek advice from an experienced family lawyer.

Get trusted legal support with your Partner visa

Applying for a Partner visa in Australia is one of the most complex and closely scrutinised processes in the migration system.

Success depends not on feelings alone, but on your ability to demonstrate that your relationship is genuine, ongoing, and meets the strict requirements set out by the Department of Home Affairs. From financial records and household evidence to social recognition and future commitment, every detail matters.

While it may feel unnecessary or even intrusive to explain the nature of your relationship to a third party, particularly given that every relationship is unique, it is critical to approach the Partner visa process with diligence and seriousness. The consequences of a visa refusal in Australia can be significant, and applicants should take great care to ensure their application is complete, consistent, and supported by detailed evidence.

At BDN Lawyers, we understand the importance of this process. Our experienced migration lawyer, Connie Park, based in Queanbeyan, has helped countless married and de facto couples navigate the Partner visa pathway, providing peace of mind and the best chance of success.

If you are planning to apply for a Partner visa or need guidance following a refusal, our team is here to support you every step of the way. Speak to our team today to get started.