If you are married or in a de facto relationship with an Australian citizen or permanent resident, you can join them in Australia with a Partner Visa.
Australian Partner Visas are divided into Onshore and Offshore visas, which differ based on where you are when you lodge the application – in Australia or outside. They are further divided into temporary and permanent visas, based on their duration.
Australia Partner Visa Types
Here are the types of Australian visas for partners and spouses:
Prospective marriage visa
If you are in a committed relationship with someone living in Australia and wish to marry them, you can apply for a Prospective Marriage Visa (Subclass 300).
This is a temporary visa, which allows you to enter Australia with the intention of getting married. After your wedding, you can apply to become permanently settled in Australia with your spouse.
Onshore Partner Visas
If you marry an Australian citizen or resident while you are in Australia with a type of visitor’s visa, you may apply for an Onshore Temporary Partner Visa (Subclass 820). There is a joint application process, so you have to apply for both of them at the same time.
After two years with a subclass 820 visa, you can apply for an Onshore Permanent Partner Visa (Subclass 801), which is permanent.
Offshore Partner Visas
You can apply for an Offshore Partner Visa (Subclass 309) if you are currently outside Australia and would like to move there to join your Australian resident spouse or partner. The 309 Visa is the first in a two-step process for getting Australian permanent residence:
- Subclass 309 Visa is temporary – it allows you to travel to Australia and wait about two years until you become eligible for permanent residency.
- Subclass 100 Visa is permanent – you receive this once your 309 Visa expires.
You have to apply for both the Subclass 309 and Subclass 100 Visa at the same time, but you will only receive the permanent visa once two years have passed since you got the temporary visa. You have to be outside Australia when you apply and when you receive the 309 Visa, but you can be in or outside Australia when you receive the permanent visa.
General Conditions for an Australian Partner Visa
To be eligible for an Australian Partner Visa, you and your partner must meet these conditions:
- Your partner has to be an Australian citizen, a permanent resident, or an eligible New Zealand citizen.
- Both you and your partner be adults (over 18 years old).
- Either be married or in a genuine, exclusive relationship (i.e. you live together, share finances and domestic lives, etc.) for at least twelve months at the time of application.
- The partner cannot sponsor more than two partners in their lifetime.
- The partner cannot sponsor you if they have already sponsored another partner within the last five years.
- If the partner was sponsored and received their own Permanent Partner Visa within the last five years, they must wait until five years have passed since they received the visa.
Supporting Documents for Partner Visas
- Passport / Scanned Passport Copy: Must show photo, personal details, issue and expiry dates, and in some cases, the signature.
- Birth & Identity Evidence: Your birth certificate (or equivalent identification if not available) and national ID card.
- Evidence of Your Relationship: Either a marriage certificate or proof of a de facto/committed relationship including evidence that you live together.
- Financial & Domestic Proofs:
- Documents showing you share finances (e.g., joint bank statements, loans, mortgage, etc.).
- Documents showing you share domestic responsibilities (e.g., utility bills in both names, mail addressed to both, evidence of joint custody).
- Police Certificates: From Australia and any other country where you have lived longer than the prescribed period.
- Written Relationship Statement: A detailed written statement outlining how you met, your relationship’s progress, significant dates, and your future plans.
- Previous Relationship History: Proof of any previous relationship (e.g., divorce papers).
- For dependent children: identification, birth/adoption certificates, proof of legal custody/enrollment, or evidence of dependency if over 18.
- Good Character Documentation:
- Documents of good character, including police certificates (from any country lived in for over 12 months) and a completed Form 80.
- The partner’s passport.
- Additional Documents for the Subclass 100 and 801 visa:
- Two copies of Form 888 completed by two Australian citizens/residents who know both of you.
- A completed “Statutory declaration – Partner visa (sponsor)” by your partner.
- Address/Passport Changes: A completed Form 929 if you’ve changed your address or passport.
- Additional Documents for Prospective Marriage Visa:
- Proof that you and your partner have met in person as adults.
- Proof (e.g., a letter from a wedding officiator) that you will marry within nine months.
- Written statements from both partners describing your relationship (including meeting details, engagement, significant events, joint activities, and future plans).
Any documents not originally in English must be translated and certified.
How to Apply for a Partner Visa?
The process of obtaining a partner visa depends largely on the type of visa that you are applying for. For the 820 and 801 visas you can submit your application from Australia. On the other hand, you need to apply for the 309, 100, and 300 subclasses at an Australian embassy in your country of residence.
The application process for the offshore visas goes as follows:
- Create an ImmiAccount, or log in if you already have one. To register, you need to provide your personal details, email address, and phone number.
- Start a new application on the ImmiAccount. You have to start a new application and answer the questions. You can save and continue the application at a later date using the “Edit” option.
- Check whether you need a health examination. If you do, you must organize one – there will be a link you must follow.
- Complete and submit the online application form. You have to answer all the questions.
- Pay the visa application fee. You must pay the fee via a credit or debit card online.
- Write down the transaction reference number (TRN) and send it to your partner. They will need your visa transaction reference number (TRN), identification documents, and police certificates.
- Attach electronic copies of the required documents. You must attach the documents after you submit the application. In case you must do so before submitting the form, you will be notified.
- Your partner applies for Sponsorship using their own ImmiAccount or yours. To start the application, they must select the option “Sponsorship for a Partner to Migrate to Australia (300, 309/100, 820/801)”.
- Your partner attaches the required supporting documents for the Sponsorship application. They have to provide their identity documents, proof they are legally resident in Australia, an Australian National Police Certificate as well as a Police Certificate from any country they have lived in longer than 12 months.
- Wait for the visa outcome. You must be outside Australia during this time.
On the other hand, to apply for the onshore visas, the Department of Home Affairs will notify you that they will start processing your 801 or 100 subclass visa and give you a list of documents you should provide. The earliest you can submit your application is one month before the two years date. Do not submit an application earlier than that, unless you receive an email instructing you to do so.
Here’s what you will need to do:
- Log into your ImmiAccount.
- On the ImmiAccount, you have to start the application for “Complete Stage 2 – Permanent Partner Visa Assessment (100, 801)”.
- Attach the required documents on the ImmiAccount.
- Submit the application.
- Keep note of your Transaction Reference Number (TRN).
The reason for the second set of documents is to make sure that you are still in a genuine relationship and meet the criteria to get permanent residence in Australia.
If you received the 820 and 801 Visas at the same time, you do not need to submit an additional application or documents.
Australia Partner Visa Cost
| Visa Type | Cost in AUD |
|---|---|
| Sublass 300 | 3,930 7,850 |
| Sublass 100 | Free |
| Sublass 820 | 7,850 |
| Sublass 801 | Free |
| Sublass 309 | 7,850 |
Additional Costs for Dependents
| Dependent Type | Cost in AUD |
|---|---|
| Sublass 300 for each dependent applicant over the age of 18 | 3,930 |
| Sublass 300 for each dependent applicant under the age of 18. | 1,965 |
| Sublass 820 for each dependent child over the age of 18 | 3,930 |
| Sublass 820 for each dependent child under the age of 18 | 1,965 |
| Sublass 309 dependent under the age of 18 | 1,965 |
| Sublass 309 dependent over the age of 18 | 3,930 |
Australia Partner Visa Processing Time
| Visa Type | Processing time |
|---|---|
| Sublass 300 | At least 22 months |
| Sublass 100 | 1 to 2 years |
| Sublass 820 | At least 22 months |
| Sublass 801 | At least 22 months |
| Sublass 309 | At least 16 months |
Frequently Asked Questions
What if my application is rejected?
If the Department of Home Affairs rejects your application for the 100 Visa, you may be able to file an appeal with the Administrative Appeals Tribunal (AAT). Be sure to research the appeal process and file on time; mistakes or missed deadlines can lead to a rejected appeal.
How do I prove my relationship is genuine?
To demonstrate your relationship is genuine, provide evidence such as:
- Utility bills or other documents proving shared domestic arrangements.
- Joint bank account or financial statements.
- Phone records or messages showing you stay in touch when apart.
- Photos together and with friends or family to confirm social acknowledgment.
- Statutory declarations from two supporting witnesses who know both of you.
What are the differences between temporary and permanent partner visas?
The temporary Partner Visas (Subclass 820/309) are issued first so you can live in Australia with your partner. After a waiting period—usually two years—you must submit additional documents to be granted the permanent Partner Visas (Subclass 801/100). In certain circumstances, such as a long-term relationship or having a dependent child together, the permanent visa may be processed immediately.
When can I apply for permanent residency?
Generally, you become eligible for the permanent visa two years after receiving your temporary visa. However, if you have been married or in a de facto relationship for longer than three years, or if you have been together for more than two years with a dependent child, you may qualify for immediate permanent residency.
What happens if my relationship ends or I break up?
If your relationship ends after receiving a temporary visa, you may still be eligible for permanent residency if you meet certain criteria (such as being a victim of domestic violence or sharing custody of a child). Otherwise, you might need to apply for a different visa or leave Australia.
Can I include my children in my visa application?
Yes, children can be added as dependents when you initially apply. If you need to add a dependent after submission but before the visa decision, you must complete the relevant form (e.g., Form 1436 for the 309 Visa). Once the visa is granted, additional dependents will need to apply through separate visa pathways, such as the Dependent Child Visa (Subclass 445).
Is the 801 Visa permanent residency and can it be cancelled?
The 801 Visa does grant permanent residency in Australia. However, it can be cancelled if you fail to meet its conditions or if false information was provided during your application. Note that once the visa is granted, your partner cannot cancel it; though sponsorship can be withdrawn while the visa is processing.
How do I transition from a Partner Visa to Australian citizenship?
After holding your permanent Partner Visa (Subclass 801) for around four years—and meeting all other requirements such as residency, knowledge of English and Australian culture—you can apply for Australian citizenship.
How long is the Prospective Marriage Visa valid and what steps must follow?
The Prospective Marriage Visa is valid for 9 to 15 months. During this period you must:
- Enter Australia by the specified date.
- Marry your fiancé before the visa expires (often with a Notice of Intended Marriage required).
- Apply for a Partner Visa (Subclass 820/801) if you plan to settle permanently.
Can I get married in Australia on a Tourist Visa?
While it is possible to get married in Australia on a Tourist Visa, it is generally recommended to apply for a Prospective Marriage Visa. Tourist Visas can lead to complications such as restricted work rights, the need for a Bridging Visa, and challenges with “No Further Stay” conditions.
What about switching from a Prospective Marriage Visa to a Partner Visa?
Once you are married, you can apply for the Partner Visa (Subclasses 820 and 801). The application process is more streamlined than switching from a Tourist Visa, allowing you to transition to permanent residency with fewer complications.