Partner visas allow Australian citizens, permanent residents, or eligible New Zealand citizens to sponsor their spouse or de facto partner for permanent residence in Australia. Both married and de facto couples are eligible, provided the relationship is genuine and ongoing. De facto couples must generally demonstrate they have been living together in a committed relationship for at least 12 months prior to applying, unless there are compelling circumstances or the couple’s de facto relationship is registered in a state or territory.
Onshore Pathway — Subclass 820/801
The onshore pathway is for partners who are already in Australia at the time of lodgement. The partner is first granted a temporary Subclass 820 visa, which allows them to live, work, and study in Australia while the application is further assessed. After a waiting period – typically two years from the date of application – the Department reviews additional evidence of the continuing relationship before granting the permanent Subclass 801.
The two-year wait applies where the couple has been in the relationship for less than three years at the time of lodgement (or less than two years if they have a dependent child together). Couples who have been together for longer may have the temporary stage waived in some circumstances, though this is assessed case by case.
Offshore Pathway — Subclass 309/100
The offshore pathway follows the same two-stage structure but is for partners residing outside Australia when the application is lodged. The Department will grant the temporary Subclass 309 visa first, allowing the partner to travel to and remain in Australia. The permanent Subclass 100 then follows after the same mandatory waiting period.
It is worth noting that once an offshore application is lodged, applicants can generally travel to Australia while waiting – they are not required to remain overseas throughout processing.
Evidence Requirements
All partner visa applications place a high evidentiary burden on the couple. The Department assesses the relationship across four categories:
- Financial – shared bank accounts, joint financial commitments, evidence of financial interdependence.
- Social – joint travel, shared social activities, recognition of the relationship by family and friends, statutory declarations from people who know the couple.
- Household – shared lease or mortgage, utility accounts, evidence of cohabitation.
- Commitment – length of the relationship, knowledge of each other’s background and lives, future plans together.
No single category is determinative, but a weak showing across the board – or a significant gap in any one area – can result in the application being refused or the couple being asked to provide further evidence. For couples who live apart temporarily due to work or family circumstances, a detailed explanation supported by evidence of ongoing communication is essential.
Frequently Asked Questions
What is the difference between a married and de facto Partner Visa application?
The visa subclass is the same. The difference is in the evidence. Married applicants provide a marriage certificate; de facto applicants must demonstrate at least 12 months of genuine cohabitation, or register their relationship where available.
Can I work while my Partner Visa is being processed?
If you apply onshore, you will generally be granted a Bridging Visa A, which may include work rights depending on your previous visa conditions. It is important to confirm your specific bridging visa conditions before commencing or continuing employment.
Do both my partner and I need to attend an interview?
Not always. Most applications are assessed on the documents lodged, but the Department may request an interview in some cases. Being consistent and truthful in your paperwork reduces this risk significantly.
What happens after the two-year waiting period?
The Department will contact you to assess whether your relationship is still genuine and continuing. You will need to provide updated evidence. If satisfied, the permanent stage (801 or 100) is granted.
Can same-sex couples apply for a Partner Visa?
Yes. Same-sex couples are fully eligible under the Partner Visa programme on the same basis as opposite-sex couples. Both married and de facto relationships are recognised.
Can we include dependent children in the application?
Yes. Dependent children can be included as secondary applicants. Children over 18 may qualify if they are financially dependent.
I had a student visa refused two years ago. Can I still apply for a Partner Visa from within Australia?
Possibly – but you need to understand whether the Section 48 bar applies to your specific situation, whether Schedule 3 criteria will be imposed, and whether those can be satisfied or waived. This requires a proper eligibility assessment before you do anything.
My sponsor sponsored someone for a Partner Visa 10 years ago. Does that affect my application?
The five-year restriction between sponsorships applies. If that first sponsorship was approved more than five years ago, the restriction should no longer apply. However, the lifetime limit of two sponsorships is still relevant if there has been more than one previous sponsorship.
Can a criminal record overseas affect my Australian Partner Visa?
Yes. The character test considers criminal conduct anywhere in the world, not just in Australia. Police clearances are required from every country you have lived in for 12 months or more in the past 10 years.
What happens if my health assessment comes back as "does not meet"?
If your Partner Visa application is assessed under PIC 4007 (which partner visas are), a health waiver may be available. You cannot request one yourself – the Department will invite you to respond. Acting quickly and with strong evidence is essential, and legal assistance at that stage is highly advisable.
I responded to a natural justice letter from the Department but my visa was still refused. What now?
Time is critical. Depending on how the refusal was made, you may have review rights at the Administrative Review Tribunal (ART). Deadlines are strict – often 21 days for onshore decisions.
Disclaimer!
Content on this page is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Australian immigration law is complex and its policies and visa eligibility criteria are changing regularly.