Partner Visa Australia
The Partner visa allows the partner, spouse, or de facto partner of an Australian citizen or permanent resident to live in Australia.
Both the temporary and permanent partner visas are applied for together.
Considering applying for a Partner visa? We’ve created a guide for those thinking about applying for a Partner/Spouse/De Facto visa. To qualify and apply for a Partner Visa in Australia, you must either be:
- Married to, OR
- In a de facto relationship (unless exempt),
with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen at the time of applying.
If you apply for a Partner visa while in Australia, you’ll receive a Bridging visa. Keep in mind that there may be restrictions on working or studying, depending on your previous visa. If you had work or study rights on your previous visa, these conditions may continue on the Bridging visa. During the waiting period for the Permanent Partner visa (subclass 100 or 801), you won’t be eligible for fee assistance such as HECS, Newstart, or other government subsidies.
Subclass 820 – Partner Visa (Temporary)
- This is a temporary visa.
- It leads to the permanent Partner visa.
- You must be in Australia when you apply.
Subclass 801 – Partner Visa (Permanent)
- This is a permanent visa.
- You must hold a temporary Partner visa (subclass 820) before applying for this.
If you plan to lodge the Partner visa application yourself, note that the process can be complicated. To begin, you will need to:
- Create an ImmiAccount.
- Complete Form 47SP (Application for migration to Australia by a partner).
- The sponsor must complete the 40SP Sponsorship Form after the main applicant submits their form.
- Pay the Partner visa application fee.
- Review, submit, and attach all required documents.
There is an option to submit the application by post, but we advise against it since it can be difficult to track and attach documents later.
If you meet the eligibility criteria, you’ll initially be granted a Temporary Partner visa (Subclass 820 for onshore or Subclass 309 for offshore). After two years on the Temporary visa, you can apply for the Permanent Partner visa (Subclass 801 or 100).
Marriage or De Facto Relationship
You must be either legally married or in a de facto relationship to qualify. For those applying offshore, you need to be:
- Legally married in your country or another country, OR
- Intending to marry soon (before a decision is made on the Temporary Partner visa).
Certain marriages, such as polygamous marriages, those involving prohibited relationships (e.g., between an ancestor and descendant), and underage marriages, are not recognized.
In addition, your relationship must meet the following conditions:
- A mutual commitment to a shared life as spouses, excluding others.
- The relationship must be genuine and ongoing.
- The couple must live together or not live apart permanently.
- Meet health and character requirements.
Upcoming Migration Changes in 2024
De Facto Relationship Definition
You and your partner are considered in a de facto relationship if:
- You are not legally married.
- You are committed to a shared life, excluding others.
- Your relationship is genuine and ongoing.
- You live together or don’t live apart permanently.
- You’re not related by family.
Same-sex and different-sex relationships are eligible.
Typically, a de facto relationship must have existed for at least 12 months before applying. Time spent dating or in an online relationship doesn’t count. However, exemptions to the one-year requirement may apply.
Partner Visa Types:
- 820/801 Partner Visa: An onshore visa that allows partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia.
- 309/100 Partner Visa: An offshore visa that allows partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia.
- 300 Prospective Marriage Visa: This visa lets you come to Australia to marry your partner and then apply for a Partner visa.
Applicant Document Checklist for a Partner Visa
Identity Documents:
- Birth certificate showing both parents’ names or equivalent government-issued ID.
- Passport photo page.
- Two recent passport-sized photos.
- National identity card (if applicable).
- Proof of name change (if applicable).
Relationship Documents:
- Two Form 888 Statutory Declarations.
- Proof of a genuine and ongoing relationship.
- Marriage certificate (if married) or evidence of a de facto relationship.
Additional Documents:
- Divorce or separation papers if previously married.
- Health documents (submitted by your doctor).
- Character documents, including Form 80 and police certificates.
Sponsor Document Checklist
Identity Documents:
- Proof that the sponsor is an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Proof of Australian residence (if applicable).
Character Documents:
- Police certificates.
- Military service records (if applicable).
If you are sponsoring on behalf of a child, you’ll need additional documentation, such as court papers authorizing the marriage.
Proof of Relationship
Both the applicant and sponsor must provide documents demonstrating the relationship’s genuineness. This includes:
- Financial: Joint financial responsibilities such as mortgage, lease, joint bank accounts, or household bills.
- Household: Evidence of shared household duties, living arrangements, or joint child responsibilities.
- Social: Proof that your relationship is known to others, including joint activities or travel.
- Commitment: Evidence of your long-term commitment, such as shared personal matters, wills, or communication during separation.
If Your Current Visa Expires
If your visa expires before the temporary partner visa is granted, you can stay in Australia on a Bridging Visa A (BVA). If you need to travel outside Australia, you must apply for a Bridging Visa B (BVB).
Bridging visas allow you to:
- Work and study (without government support).
- Enroll in Medicare.
If you cancel your current visa, you will become an unlawful non-citizen, ineligible for Bridging Visa A, B, or C, and may only be considered for a Bridging Visa E.
Upcoming Changes
Starting November 25, 2023, subclasses 309, 820, and 801 can be granted regardless of where the applicant is located at the time of the decision.
Changes to Sponsored Family Visas have not yet been implemented for Partner visas. If you are considering applying for a Partner visa, we recommend booking a consultation to understand how these changes may impact you.