Partner Visa Australia (Subclass 309/100 and 820/801)
Partner visas allow the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live with their partner in Australia.
Depending on whether the applicant is inside or outside Australia, the relevant pathway may be the offshore Partner visa Subclass 309/100 or the onshore Partner visa Subclass 820/801.
- For married and de facto partners
- Onshore and offshore pathways available
- Temporary and permanent stages
- Evidence of a genuine relationship is essential
What is a Partner Visa?
A partner visa is for a person who is married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
The main purpose of this visa is to allow genuine couples to live together in Australia. The Department of Home Affairs usually considers whether the relationship is genuine, continuing and not entered into only for migration purposes.
Partner Visa Types
There are two main partner visa pathways:
- Subclass 309/100 Partner Visa – usually for applicants who apply from outside Australia.
- Subclass 820/801 Partner Visa – usually for applicants who apply from inside Australia.
In most cases, the first stage is a temporary partner visa. The permanent partner visa may be decided later, unless the relationship meets circumstances where both stages can be considered together.
De Facto Relationships
A de facto relationship may be accepted where the couple is not legally married but can show that they are in a genuine and continuing relationship.
In many cases, the couple may need to show that the de facto relationship existed for at least 12 months before applying. This requirement may not apply in some circumstances, such as where the relationship is registered under an Australian state or territory law or where there are compelling circumstances.
Same-Sex Relationships
Australia recognises same-sex relationships for partner visa purposes. A same-sex partner may apply for a partner visa if the relationship meets the relevant legal and evidentiary requirements.
Applicants with complex legal or identity circumstances should obtain advice before applying, particularly where overseas marriage laws, gender recognition or identity documents may require careful review.
Onshore and Offshore Applications
For the offshore Partner visa pathway, Subclass 309 is the temporary stage and Subclass 100 is the permanent stage.
For the onshore Partner visa pathway, Subclass 820 is the temporary stage and Subclass 801 is the permanent stage.
The correct pathway depends on the applicant’s location, visa status, relationship history and other circumstances at the time of application.
Main Requirements
Partner visa applications usually involve three key requirements:
- Eligible sponsor: the sponsor must usually be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
- Age requirement: the applicant and sponsor generally need to be at least 18 years old.
- Genuine relationship: the relationship must be genuine, continuing and supported by evidence.
The sponsor may also need to provide identity documents, police clearances and information about previous sponsorships or partner visa history.
Relationship Evidence
The Department usually considers several aspects of the relationship when assessing whether it is genuine and continuing.
- Financial aspects: joint bank accounts, shared expenses, joint loans, shared property or financial support.
- Household aspects: shared residence, joint lease, utility bills, household responsibilities or care arrangements.
- Social aspects: evidence that family and friends know about the relationship, joint travel, invitations, photos and social activities.
- Commitment: the length of the relationship, future plans, communication history and intention to continue the relationship.
In some cases, the Department may request further information or conduct an interview.
Sponsorship Limitations
There can be limitations on sponsoring a partner visa applicant, particularly where the sponsor has previously sponsored another partner or has themselves been sponsored as a partner.
Some limitations may apply if a person has sponsored multiple partners or sponsored another partner within a recent period. However, exceptions may apply in compelling circumstances, such as where there are children of the relationship or other significant factors.
Visa Benefits
Depending on the visa granted and the applicant’s circumstances, a partner visa holder may be able to:
- Live in Australia with their partner
- Work in Australia
- Study in Australia
- Travel to and from Australia during the visa period
- Access Medicare where eligible
- Progress to permanent residency if requirements are met
Visa Application Charges and Processing Times
Visa application charges and processing times change regularly. Applicants should review the latest official information before lodging an application.
Official Visa Application Charges
Check the latest partner visa application charges published by the Department of Home Affairs.
View Current Visa ChargesOfficial Visa Processing Times
Processing times vary depending on the visa subclass, supporting evidence and Department workload.
View Processing TimesFrequently Asked Questions
What is the difference between Subclass 309/100 and Subclass 820/801?
Subclass 309/100 is generally the offshore partner visa pathway, while Subclass 820/801 is generally the onshore partner visa pathway. The correct pathway depends on where the applicant is located and their visa circumstances.
Can de facto partners apply for a partner visa?
Yes. De facto partners may apply if they can show that the relationship is genuine and continuing. In many cases, evidence of at least 12 months of de facto relationship may be required unless an exception applies.
What evidence is important for a partner visa?
Important evidence may include financial records, household evidence, social evidence, communication history, travel records, statements from family or friends and documents showing the couple’s commitment to the relationship.
Can same-sex partners apply for an Australian partner visa?
Yes. Same-sex relationships are recognised for Australian partner visa purposes, provided the couple meets the relevant legal and evidentiary requirements.
Can a partner visa lead to permanent residency?
Yes. Partner visa pathways usually involve a temporary stage and a permanent stage. Applicants may become eligible for permanent residency if the relationship continues and the relevant requirements are met.
Book a Partner Visa Consultation
Need help preparing a partner visa application or reviewing your relationship evidence?
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