If you’re in a committed relationship with an Australian citizen, permanent resident or Eligible New Zealand citizen, you may be eligible to live in Australia through one of the country’s Partner visa options. These visas are designed to help couples stay together while building a life in Australia and they can even lead to permanent residency.
There are three main types of Partner visas:
- Partner Visa Onshore (Subclass 820 & 801)
- Partner Visa Offshore (Subclass 309 & 100)
- Prospective Marriage Visa (Subclass 300)
Each has its own eligibility criteria and pathway to permanent residency.
Who can apply for a Partner visa?
To qualify for a Partner visa, you must be in a genuine and continuing relationship with your partner. This can include:
- A marriage (legally recognised)
- A de facto relationship, including registered relationships
You’ll need to prove that:
- Your relationship is exclusive and ongoing
- You live together, or don’t live apart on a permanent basis
- You can provide extensive documentation of your shared life (finances, household, social aspects, future plans)
You’ll also need to complete police checks, health exams, and submit a separate sponsorship application depending on which partner visa you’re applying for.
Subclass 820 & 801: Partner visa (Onshore)
This visa is for those already in Australia. You’ll first be granted the Temporary Partner visa (820), followed by the Permanent Partner visa (801), usually after a two-year waiting period. However, if you can show you’ve been in a long-standing relationship (3+ years, or 2+ years with a child), you may be eligible for grant of the permanent visa without the additional waiting period.
After lodging the application:
- You’ll likely receive a Bridging Visa A with full work and study rights
- You’ll be eligible for Medicare
- You’ll need to wait for processing and may be asked to submit more evidence
Subclass 309 & 100: Partner visa (Offshore)
This option is for people applying outside of Australia. The process is similar to the onshore pathway and also begins with a temporary visa (309) before moving to the permanent stage (100). Depending on your situation, you may be able to travel to Australia while the visa is processed, but you won’t automatically receive a bridging visa like you would if applying onshore.
Subclass 300: Prospective Marriage visa (Fiancé visa)
The Subclass 300 visa allows engaged partners to come to Australia and get married. You must apply outside of Australia, and the marriage must occur within the visa’s validity period. Once married, you can apply for the Subclass 820/801 Partner visa while onshore.
To apply, you must prove:
- You’ve met in person since turning 18
- Your relationship is genuine
- There’s an intention to marry in Australia (with evidence, such as a Notice of Intended Marriage)
This visa cannot be extended, so it’s essential to follow up with the Partner visa application after your marriage.
What to know before you apply
- Same-sex couples are eligible for all three visa types
- You can include dependent children in your application
- Evidence must reflect the financial, social, household, and future aspects of your relationship
- A marriage certificate alone is not enough, and comprehensive documentation is essential
- If you already hold a Bridging Visa when you apply for a Partner visa, additional requirements must be met.
Where you can get help
Partner visa applications can be complex, lengthy, and require clear evidence. Seeking professional advice early can save time, stress, and avoid unnecessary visa refusals.
You can contact a registered migration agent using the Office of the Migration Agents Registration Authority (MARA) registry, or contact an immigration lawyer:
Nicole Kirkwood
Australian Visa & Immigration Experts
MARN: 0962323
Email: email@avie.com.au
Website & book a consultation: www.avie.com.au
What we do: Provide expert migration advice, assist and lodge all skills assessments and visa applications, state and regional sponsorship, ART and all other migration matters.
