If you are planning to apply for an Australian Partner visa, understanding the eligibility requirements is an important first step. The requirements can vary depending on your relationship, where you are when you apply and the particular visa pathway available to you.
In general, Partner visa applicants need to demonstrate a genuine relationship with an eligible Australian partner, have an approved sponsor, meet applicable health and character requirements and provide evidence supporting their application.
This guide explains the main Partner visa requirements in Australia, including relationship, sponsorship, health, character and documentary requirements.
What Are the Requirements for an Australian Partner Visa?
The exact requirements depend on the visa you are applying for, but applicants will generally need to:
- Be the spouse, de facto partner or prospective spouse of an eligible Australian partner, depending on the visa
- Have an eligible sponsor
- Meet the relevant age requirements
- Satisfy the relationship requirements for the particular visa
- Meet applicable health requirements
- Meet applicable character requirements
- Have no outstanding debt to the Australian Government, or have an arrangement in place to repay it
- Sign the Australian Values Statement where required
Some applicants may also need to satisfy additional requirements based on their immigration history, current or previous visa and circumstances at the time of application.
The Department of Home Affairs currently identifies the Partner visa pathways as subclasses 820 and 801 for applicants applying in Australia, subclasses 309 and 100 for applicants applying from outside Australia and subclass 300 for prospective spouses.
Which Partner Visa Requirements Apply to You?
The Partner visa program includes temporary, provisional and permanent stages. The main differences are as follows.
| Visa | Who Is It Generally For? | Where Do You Apply? | Main Pathway |
| Subclass 820 | Spouse or de facto partner | In Australia | Temporary stage → subclass 801 |
| Subclass 801 | Holder of subclass 820 | Permanent stage of the onshore pathway | Permanent |
| Subclass 309 | Spouse or de facto partner | Outside Australia | Provisional stage → subclass 100 |
| Subclass 100 | Holder of subclass 309 | Permanent stage of the offshore pathway | Permanent |
| Subclass 300 | Prospective spouse intending to marry | Outside Australia | Allows the holder to come to Australia and marry before applying for a Partner visa |
The onshore and offshore Partner visa applications are generally lodged as temporary and permanent applications together, with the permanent stage assessed when the applicant becomes eligible.
The important point is that the core eligibility requirements overlap considerably, but additional requirements can apply depending on the visa and the applicant’s circumstances.
1. You must have an eligible relationship
One of the most important Partner visa requirements is the relationship itself.
For the main Partner visa pathways, you generally need to be the spouse or de facto partner of:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen
The relationship must generally be genuine and continuing, and the applicant must meet the relevant relationship requirements when applying and, where required, when the application is decided.
What counts as a spouse?
For Partner visa purposes, a spouse is someone who is in a married relationship with their partner.
Being legally married does not mean that an applicant can simply provide a marriage certificate and automatically satisfy the relationship requirement. The Department may consider the circumstances and nature of the relationship when assessing the application.
What is a de facto relationship?
A de facto partner must be in a de facto relationship with their partner.
For subclasses 820 and 309, you will generally need to have been in the de facto relationship for at least 12 months immediately before applying.
Importantly, time spent dating or maintaining an online relationship does not necessarily count as time in a de facto relationship.
There are exceptions to the usual 12-month requirement. These can include certain compelling and compassionate circumstances, relationships involving a partner who holds or held a permanent humanitarian visa, certain humanitarian visa applications and relationships registered with an Australian State or Territory authority.
Because the exceptions are circumstance-specific, applicants should not assume that the 12-month requirement can simply be disregarded.
2. You need an eligible sponsor
Partner visa applicants generally need their spouse, de facto partner or prospective spouse to sponsor them.
For the main Partner visa pathways, the sponsor must generally be:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen
The Department must approve the sponsorship.
For subclasses 820 and 309, the sponsor generally remains the same sponsor during the relevant temporary stage. You cannot simply change to another sponsor after the visa is granted.
For a subclass 300 Prospective Marriage visa, the sponsor is the applicant’s prospective spouse.
3. You must meet the relevant age requirement
Age requirements depend on the relationship and visa pathway.
For subclasses 820 and 309, applicants in married or de facto relationships must generally be 18 years or older when they apply.
For the subclass 300 Prospective Marriage visa, both the applicant and their prospective spouse must be 18 years or older when applying.
4. You need to prove that your relationship is genuine
For many applicants, demonstrating the relationship is one of the most important parts of a Partner visa application.
The Department may consider evidence about the different aspects of the relationship rather than relying on a single document.
Applicants should therefore think about how their evidence demonstrates the reality of their relationship, including matters such as:
- Financial aspects – Joint accounts, bills, purchases or financial commitments
- Household arrangements – Shared living arrangements and household responsibilities
- Social aspects – Evidence that family and friends recognise you as a couple
- Nature of your commitment – Relationship history, ongoing commitment and future plans
The most useful approach is to provide evidence that tells a consistent and credible story about the relationship, rather than simply submitting a large number of unrelated documents.
5. You must meet the health requirement
Partner visa applicants must meet the Department’s applicable health requirements.
Depending on the circumstances, this can also apply to family members included in the application and, in some cases, family members who do not accompany the applicant to Australia.
For the permanent stages, applicants who have already completed health examinations may be told whether further examinations or health checks are required.
Health examinations can involve additional costs, so applicants should take this into account when preparing their application.
6. You must meet the character requirement
Applicants must also satisfy the applicable character requirements.
For subclasses 820 and 309, family members included in the application must also meet the relevant character requirements. For subclass 309 and subclass 300 applications, character information may also be requested for certain family members who are not travelling to Australia with the applicant.
Applicants should be prepared to provide police certificates or other information where required.
A previous visa refusal or cancellation can also affect eligibility, particularly for certain offshore and prospective marriage applications.
7. You must consider your previous immigration history
Your immigration history can be relevant to a Partner visa application.
For example, subclass 820 applicants who do not hold a substantive visa may be affected by previous visa cancellations or refusals and may need to satisfy additional requirements.
On the other hand, applicants for subclasses 309 and 300 may also be affected by previous visa cancellations or refusals.
Onshore applicants should also check the conditions attached to their current or previous visa before applying.
For example, a No Further Stay condition may prevent an applicant from making a valid onshore Partner visa application unless the relevant condition is waived first.
This is why applicants should check their current visa conditions before assuming that they can apply for a Partner visa from Australia.
8. Subclass 820 applicants must be in Australia
The subclass 820 Partner visa is the temporary stage of the onshore Partner visa pathway.
You must be in Australia when you apply, and family members applying with you must also be in Australia.
You must also satisfy the relevant requirements concerning your current visa status.
If you do not hold a substantive visa when you apply, additional criteria may apply. In certain circumstances, applicants may need to demonstrate that compelling reasons exist for the grant of the Partner visa.
The subclass 820 leads to the permanent subclass 801 Partner visa.
9. Subclass 309 applicants must be outside Australia
The subclass 309 Partner visa is the provisional stage of the offshore Partner visa pathway.
You must be outside Australia when you apply, and family members applying with you must also be outside Australia.
You must generally remain sponsored by the same sponsor during the relevant temporary stage.
The subclass 309 leads to the permanent subclass 100 Partner visa.
10. Permanent Partner visa applicants have additional requirements
The permanent Partner visas (subclasses 801 and 100) are generally the second stage of the Partner visa process.
Subclass 801
The subclass 801 is generally for people who hold a subclass 820 or, in certain circumstances, a Dependent Child visa (subclass 445).
In most cases, two years must have passed since the applicant applied for the temporary and permanent Partner visas before they become eligible to be assessed for the permanent stage.
The applicant generally needs to continue being the spouse or de facto partner of the same person who sponsored them.
However, there are circumstances in which a permanent Partner visa may still be granted even if the relationship has ended or the sponsor has died.
Subclass 100
The subclass 100 is generally for people who hold a subclass 309 or, in certain circumstances, a Dependent Child visa (subclass 445).
As with the subclass 801, two years generally needs to have passed since the applicant applied for the temporary and permanent Partner visas before they become eligible for assessment.
There are circumstances in which the permanent visa may be granted earlier, including certain long-term relationships and specified circumstances involving a sponsor who holds or held a permanent humanitarian visa.
Applicants for both permanent stages must generally continue to satisfy the relationship requirements and health requirements.
11. Subclass 300 applicants have different relationship requirements
The Prospective Marriage visa (subclass 300) is different from the Partner visa pathways because it is designed for someone who intends to marry their prospective spouse.
The applicant must:
- Be 18 years or older
- Have an eligible sponsor
- Intend to marry their prospective spouse before the visa period ends
- Have met their prospective spouse face to face as adults since turning 18
- Be personally known to their prospective spouse when applying
- Be outside Australia when applying
The visa generally allows the applicant to stay in Australia for 9 to 15 months from the date of grant. The holder can then marry their prospective spouse and apply for a Partner visa.
The subclass 300 also has its own health, character, government debt, Australian Values Statement and child welfare requirements.
12. You must have no outstanding debt to the Australian Government
If you or certain family members owe money to the Australian Government, the debt generally needs to be paid or subject to an arrangement to repay it.
This requirement can apply even where the family member who owes the debt is not accompanying you to Australia.
13. You may need to sign an Australian Values Statement
Applicants and family members aged 18 or older who apply with them may need to:
- Have read, or had explained to them, the Life in Australia booklet
- Sign an Australian Values Statement confirming that they will respect the Australian way of life and obey Australian laws
This requirement applies to the relevant temporary and prospective marriage Partner visa applications.
14. The best interests of children must be considered
The Department may refuse a Partner or Prospective Marriage visa if granting the visa would not be in the best interests of an applicant under 18.
This is an additional consideration where a child is involved in the application.
What Documents Do You Need for a Partner Visa?
The documents required for a Partner visa depend on your circumstances and the specific visa pathway. Rather than relying on a generic list, applicants should prepare documents that demonstrate they meet the relevant visa requirements.
Generally, you may need documents covering:
- Identity – Documents confirming your identity and personal details
- Relationship – Evidence demonstrating the nature and history of your relationship
- Sponsor – Evidence of your sponsor’s eligibility and relevant sponsorship documents
- Health and character – Documents required to satisfy the applicable health and character requirements
- Other supporting evidence – Documents such as a divorce or death certificate, custody documents or family court orders
The Department may request further information or documents during processing. Applicants should therefore monitor their ImmiAccount and respond within the specified timeframe.
Want the full list of documents you may need? Email us at hello@salia.com.au with the subject line “Partner Visa Checklist” and we’ll send you our Australian Partner Visa Document Checklist.
Can a Partner Visa Application Continue if the Relationship Ends?
In some circumstances, yes.
Ending a relationship does not necessarily mean that a Partner visa application automatically ends. Special provisions may apply where, for example:
- The sponsoring partner has died
- The applicant or an included family member has experienced domestic or family violence by the sponsoring partner
- The applicant and sponsor have a child and share access and parental responsibility
The Department has specific provisions dealing with relationship changes and family violence, and eligibility depends on the individual circumstances.
Applicants in these circumstances should obtain appropriate advice before withdrawing an application or taking action that could affect their visa status.
Key Takeaway
The most important requirements are to identify the correct visa pathway, establish an eligible relationship, have an eligible sponsor and provide evidence that supports your circumstances.
You may also need to satisfy health and character requirements, address any previous immigration issues, have no outstanding Australian Government debt, comply with Australian Values requirements and satisfy other criteria specific to your visa.
Because Partner visa requirements can vary significantly depending on your relationship, visa history and personal circumstances, meeting the basic requirements does not necessarily guarantee a visa grant.
How SALIA Lawyers & Associates Can Help
Partner visa applications can involve more than simply completing forms. The requirements can vary depending on your relationship, visa history, location and individual circumstances, and providing the right evidence is an important part of preparing a strong application.
At SALIA Lawyers & Associates, we assist individuals and families with Australian immigration matters, including Family & Partner Visas. Our team can help you understand which visa pathway may be appropriate for your circumstances, assess the relevant eligibility requirements, prepare and review supporting evidence and guide you through the application process.
We take a personalised approach because every relationship and immigration history is different. Whether you are applying for a Partner visa, dealing with a change in circumstances or facing a more complex immigration issue, we can provide advice tailored to your situation.
If you are considering an Australian Partner visa and are unsure about your eligibility or the evidence you need, SALIA Lawyers & Associates can help you understand your options and navigate the application process with greater clarity and confidence.
Frequently Asked Questions
Do I have to be married to apply for a Partner visa?
No. You may qualify through a de facto relationship if you meet the applicable requirements. For subclasses 820 and 309, a de facto relationship will generally need to have existed for at least 12 months immediately before applying, although exceptions can apply.
What are the basic requirements for a Partner visa in Australia?
Generally, you need to be in a qualifying relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, have an approved sponsor and meet the relevant relationship, health, character and other visa requirements.
Can I apply for a Partner visa while I am in Australia?
You may be able to. The subclass 820 is the onshore Partner visa pathway and requires you to be in Australia when you apply. However, your current visa conditions and immigration history can affect whether you can make a valid application.
Can I apply for a Partner visa from outside Australia?
Yes. The subclass 309 is the offshore Partner visa pathway and requires you to be outside Australia when you apply.
How long does a de facto relationship need to last for a Partner visa?
For subclasses 820 and 309, the general requirement is at least 12 months immediately before applying. Certain exceptions may apply, including specified compassionate circumstances, registered relationships and particular humanitarian circumstances.
What evidence do I need to prove my relationship?
You should provide evidence covering the different aspects of your relationship, such as your financial arrangements, household, social life and commitment to each other. The evidence should be consistent with the history and circumstances of your relationship.
Who can sponsor a Partner visa?
The sponsor is generally the applicant’s spouse, de facto partner or prospective spouse. For the main Partner visa pathways, the sponsor must generally be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
What happens after the temporary Partner visa?
For the onshore pathway, subclass 820 is followed by subclass 801. For the offshore pathway, subclass 309 is followed by subclass 100. The permanent stage is generally assessed after two years have passed since the temporary and permanent applications were lodged, although exceptions can apply.
Can I get a Partner visa if my relationship has ended?
Potentially. There are provisions that may allow an application to continue in certain circumstances, including family violence, the death of the sponsor and certain circumstances involving children.
Is the Prospective Marriage visa the same as a Partner visa?
No. The subclass 300 Prospective Marriage visa is designed for someone who intends to marry their prospective spouse in Australia. After marrying, the visa holder may apply for a Partner visa.
Disclaimer: Please note that the information provided is intended as a general guide and should not be relied upon as legal or migration advice. As migration laws and regulations can change, we recommend consulting an Australian Lawyer or Registered Migration Agent for advice tailored to your circumstances.
