Australian family migration pathway
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.
The correct pathway depends on whether the applicant applies in or outside Australia, their current visa position, the relationship history and the evidence available at lodgement.
- Married or de factoincluding eligible same-sex couples
- Two locationsonshore and offshore pathways
- Two stagestemporary or provisional, then permanent
- Evidence focusedgenuine and continuing relationship
Stage 1
Understand the Australian Partner Visa
The Partner Visa program is designed for genuine couples who want to live together in Australia. It is not a single visa: the application normally combines a temporary or provisional stage with a permanent stage.
Eligible Relationship
The applicant must be the spouse or de facto partner of an eligible Australian or New Zealand sponsor.
Combined Application
The temporary and permanent visa stages are generally applied for together, although the permanent stage is usually assessed later.
Individual Assessment
Location, immigration history, previous sponsorships, family circumstances and available evidence can affect the strategy.
Important: Being married or living together does not by itself guarantee a visa. The relationship must satisfy the legal requirements and be supported by consistent evidence.
Stage 2
Compare the Onshore and Offshore Pathways
The application pathway should be selected only after checking the applicant's location, current visa conditions and ability to lodge a valid application.
Apply outside Australia
Subclass 309 and 100
The Subclass 309 Partner (Provisional) visa is the first stage of the offshore pathway. The Subclass 100 Partner (Migrant) visa is the permanent stage.
- Application setting
- Generally lodged while the applicant is outside Australia
- Permanent stage
- Subclass 100
Apply in Australia
Subclass 820 and 801
The Subclass 820 Partner visa is the temporary stage of the onshore pathway. The Subclass 801 Partner visa is the permanent stage.
- Application setting
- Generally lodged while the applicant is in Australia
- Permanent stage
- Subclass 801
Check before lodging: An applicant in Australia may have visa conditions or other legal restrictions that affect whether an onshore Partner Visa application can be made validly.
Stage 3
Check the Relationship Requirements
The legal relationship category and the history of the couple should be identified before the evidence is organised.
Married Partners
The marriage must be valid for Australian migration purposes and the relationship must be genuine and continuing.
De Facto Partners
De facto applicants generally need to establish the required relationship period unless a recognised exception applies.
Same-Sex Couples
Same-sex spouses and de facto partners are assessed under the same Partner Visa framework.
Commitment and Exclusivity
The couple should be able to show a mutual commitment to a shared life to the exclusion of other partners.
Living Arrangements
Periods of separation may require explanation and evidence showing why the couple remained committed despite living apart.
Previous Relationships
Divorce, separation, custody and earlier sponsorship history should be reviewed for legal and evidentiary consequences.
Stage 4
Check the Sponsor Requirements
The sponsor is separately assessed and must provide identity, status, character and sponsorship information.
Eligible Status
The sponsor must generally be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
Sponsorship History
Previous Partner Visa sponsorships or having previously been sponsored as a partner can create limitations that require careful review.
Character Information
The sponsor may need to provide police certificates and disclose relevant convictions or other information.
Sponsor Responsibilities
The sponsor must understand the undertakings and support responsibilities connected with the application.
Stage 5
Prepare Consistent Relationship Evidence
Strong applications normally contain evidence across several aspects of the relationship, supported by a clear chronology.
Financial Aspects
Joint accounts, shared expenses, property, liabilities, transfers and other records showing financial arrangements.
Household Aspects
Shared residence, leases, utilities, correspondence, household responsibilities and care arrangements.
Social Aspects
Recognition by family and friends, joint activities, travel, invitations, photographs and supporting statements.
Nature of Commitment
Relationship history, communication, periods apart, future plans and evidence of an ongoing shared life.
Quality over volume: Documents should be relevant, dated and internally consistent. Large collections of unexplained screenshots or photographs are not a substitute for a coherent evidentiary case.
Stage 6
Follow the Partner Visa Application Process
The applicant and sponsor components should be prepared as one coordinated matter.
- 1
Confirm the Pathway
Check whether the offshore or onshore visa pair is appropriate and whether a valid application can be lodged.
- 2
Map the Relationship History
Prepare a clear chronology covering how the relationship developed, major events, periods apart and future plans.
- 3
Collect Applicant Evidence
Compile identity, immigration, relationship, health, character and family-member documents.
- 4
Prepare the Sponsorship
Complete the sponsor component and provide the required status, character and sponsorship history evidence.
- 5
Lodge and Monitor
Submit the application through the required channel, retain evidence of lodgement and respond to lawful requests by the deadline.
- 6
Prepare for the Permanent Stage
Continue retaining updated relationship evidence and complete the permanent-stage assessment when eligible.
Stage 7
Understand Special Situations and Related Pathways
Changes in the relationship or family circumstances can affect the application and should be addressed promptly.
Safety and visa status
Family Violence Provisions
Eligible Partner Visa applicants may still qualify for the permanent visa after a relationship ends because of family violence. Personal safety comes first.
Read official information
Prospective Marriage Visa
Engaged couples who do not yet qualify as spouses or de facto partners may need to consider the Subclass 300 pathway.
Explore Subclass 300
Dependent Child Visa
A Subclass 445 visa may be relevant for an eligible dependent child connected with a temporary Partner Visa holder.
Explore Subclass 445
Family Migration Gateway
Compare Partner, Parent, Child and Other Family Visa pathways from the central Family Migration page.
Explore Family MigrationImmediate danger: Call 000. For confidential counselling and support, contact 1800RESPECT on 1800 737 732. Support is available regardless of visa status.
Stage 8
Check Official Charges and Processing Information
Government charges, processing priorities and processing estimates can change. Verify current information immediately before lodging.
Visa Pricing
Check the current application charge and any additional applicant charges directly with Home Affairs.
Check current visa pricingProcessing Times
Processing varies with pathway, completeness, health, character, checks and Department workloads.
Check processing timesPartner Visa Frequently Asked Questions
Home Affairs publishes current information about lodgement, priority requests, permanent-stage assessment, adding children and changes in circumstances.
Read official Partner Visa FAQsStage 9
Frequently Asked Questions
Select a question to expand the answer.
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 pathway. The appropriate pair depends on the applicant's location and immigration circumstances.
Can de facto partners apply for a Partner Visa?
Yes. A de facto partner may qualify if the relationship meets the legal requirements. A qualifying relationship period is generally required unless an applicable exception can be established.
Can same-sex partners apply?
Yes. Same-sex spouses and de facto partners can apply under the Australian Partner Visa framework if the relevant requirements are met.
What relationship evidence is important?
The Department commonly considers financial, household, social and commitment evidence. The best evidence depends on how the couple actually organises their relationship and should remain consistent with the application statements.
Can we apply if we have spent time living apart?
Periods apart do not necessarily prevent an application, but the reason, duration, communication and continued commitment should be explained and documented.
Can children be included?
Eligible dependent children may be included or may require a related visa pathway. Custody, consent and the child's location can require additional evidence.
When is the permanent Partner Visa assessed?
The permanent stage is usually assessed after the relevant eligibility period. Home Affairs advises temporary Partner Visa holders how to provide updated information through ImmiAccount when eligible.
What happens if the relationship ends?
The Department must be informed. Some applicants may still qualify in circumstances including family violence, death of the sponsor or certain shared-child situations, but the rules are specific and advice should be obtained promptly.
Next step
Book a Partner Visa Consultation
Need help selecting the correct pathway, reviewing sponsor eligibility or preparing consistent relationship evidence?
