Yes, you can obtain Australian permanent residency through a Partner visa if you meet the eligibility requirements. In most cases, applicants first receive a temporary visa before becoming eligible for permanent residence.
Australia’s Partner visa program allows eligible spouses and de facto partners of Australian citizens, Australian permanent residents and eligible New Zealand citizens to live in Australia and eventually become permanent residents. Depending on where you are when you apply and your relationship status, you may follow one of three pathways to permanent residency.
How does a Partner visa lead to Australian permanent residency?
Most applicants do not receive permanent residency immediately. Instead, they first receive a temporary visa before progressing to the permanent stage if they continue to meet the visa requirements.
The pathway depends on your circumstances:
| Your Situation | Visa Pathway |
| Married or in a de facto relationship and applying in Australia | Subclass 820 → subclass 801 (permanent) |
| Married or in a de facto relationship and applying outside Australia | Subclass 309 → subclass 100 (permanent) |
| Engaged and intending to marry in Australia | Subclass 300 → marry in Australia → apply for subclass 820/801 |
In most cases, applicants are assessed for permanent residency after holding the temporary Partner visa and demonstrating that their relationship remains genuine and ongoing.
Which Partner visa should you apply for?
The right visa depends on your relationship status and where you are when you lodge your application.
Subclass 820 and 801
If you are already married or in a de facto relationship and are in Australia when you apply, you will generally apply for the onshore Partner visa pathway.
The subclass 820 visa allows you to live, work and study in Australia while your permanent subclass 801 visa is being processed.
Permanent-stage eligibility is generally assessed approximately two years after the original combined 820/801 application was lodged – not two years after the subclass 820 was granted.
Subclass 309 and 100
If you are married or in a de facto relationship but are outside Australia when you lodge your application, you will generally apply for the offshore Partner visa pathway.
The subclass 309 visa is the temporary stage before the permanent subclass 100 visa.
As with the 820/801 pathway, permanent-stage consideration generally occurs approximately two years after the original 309/100 application, rather than two years after the subclass 309 grant.
Subclass 300 Prospective Marriage
The Prospective Marriage visa is designed for engaged couples who are not yet married or in a de facto relationship.
It allows the visa holder to travel to Australia, marry their Australian sponsor during the visa validity period and then apply for the onshore Partner visa.
When does Subclass 300 apply?
The subclass 300 Prospective Marriage visa applies to couples who are engaged but are not yet married and do not yet qualify as de facto partners.
The subclass 300 visa may be suitable if:
- You are engaged to your partner.
- You intend to marry your partner in Australia.
- You are outside Australia when you apply.
- You have met your prospective spouse in person as adults and have a genuine relationship.
After the marriage takes place, the visa holder can apply for the subclass 820/801 Partner visa pathway to seek Australian permanent residency.
Who can apply?
You may be eligible for a Partner visa if:
- Your spouse or partner is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
- Your relationship is genuine and continuing.
- Your partner agrees to sponsor you.
- You satisfy the requirements of the visa you apply for.
If you are applying as a de facto partner, you will generally need to demonstrate that you have lived together for at least 12 months before lodging your application unless an exemption applies, such as having a registered relationship.
What is a de facto partner?
A de facto partner is someone who is in a genuine and committed relationship with another person but is not legally married to them.
For Partner visa purposes, a de facto relationship is more than simply dating or being in a long-term relationship. The couple must generally demonstrate that they have built a shared life together, similar to a married couple.
Evidence of a de facto relationship may include:
- Living together in the same household
- Sharing financial responsibilities, such as bills, rent or joint accounts
- Making decisions and plans together as a couple
- Being recognised by family and friends as a couple
- Providing ongoing emotional and personal support to each other
Examples
Example 1: Subclass 300 may apply
Sarah is an Australian citizen and is engaged to Michael, who lives overseas. They have met in person several times but have never lived together and are not married. Michael may consider applying for a subclass 300 Prospective Marriage visa.
Example 2: Partner visa may apply instead
Emma and Daniel are not married but have lived together for two years, share household expenses and have evidence of a committed relationship. They may be considered de facto partners and may apply for a Partner visa instead of a subclass 300 Prospective Marriage visa.
How much does a Partner visa cost?
As of 1 July 2026, the government application charge for most Partner visas, including subclass 820/801, subclass 309/100 and subclass 300 Prospective Marriage, starts from $11,710 for the primary applicant. The subclass 820 application charge is reduced for eligible holders of a subclass 300 Prospective Marriage visa because they have already paid the initial application fee.
Additional costs may apply for health examinations, police certificates and document translation.
Can you work while waiting for permanent residency?
Yes.
The temporary Partner visas (subclass 820 and subclass 309) allow eligible applicants to live, work and study in Australia while they wait for a decision on the permanent stage of their application.
Similarly, holders of the subclass 300 Prospective Marriage visa can work and study while they are in Australia before lodging a Partner visa application.
Need advice about your Partner visa options?
Every relationship and migration journey is different. The right Partner visa pathway depends on factors such as your relationship status, where you are applying from and the evidence available to demonstrate your relationship.
At SALIA Lawyers & Associates, our experienced migration team can help you understand your options, assess your eligibility and guide you through the Partner visa application process.
Whether you are married, in a de facto relationship or engaged to an Australian partner, we can assist with understanding the requirements, preparing supporting evidence and addressing any complexities that may affect your application. With professional guidance, you can make informed decisions about your pathway towards building your future in Australia.
Frequently Asked Questions
Can I get Australian PR by marrying an Australian citizen?
Marriage alone does not automatically grant permanent residency. You must apply for and be granted the appropriate Partner visa and meet all eligibility requirements.
Can I get PR if I am in a de facto relationship?
Yes. De facto partners may be eligible if they can demonstrate that their relationship is genuine and ongoing and they satisfy the visa requirements.
Do I have to be married to apply?
No. Australia recognises both married couples and eligible de facto partners for Partner visa purposes. Engaged couples may instead qualify for the subclass 300 Prospective Marriage visa.
Can my boyfriend or girlfriend sponsor me?
Simply being in a dating relationship is not enough. Generally, you must be married, in an eligible de facto relationship or engaged and applying for a subclass 300 Prospective Marriage visa.
Can I apply while I am in Australia?
Yes, if you are already in Australia and are married to or in a de facto relationship with your sponsor, you may be eligible to apply for the subclass 820 Partner visa.
Can I apply if I am overseas?
Yes. Applicants outside Australia generally apply for the subclass 309 Partner visa if they are already married or in a de facto relationship or the subclass 300 Prospective Marriage visa if they intend to marry in Australia.
How long does it take to become a permanent resident?
The time varies depending on your circumstances and the Department of Home Affairs’ processing of your application. Most applicants first receive a temporary Partner visa before being assessed for permanent residency.
Can same-sex couples apply?
Yes. Australia applies the same Partner visa requirements to eligible same-sex and opposite-sex couples.
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.
