If your partner is an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen, a Partner visa allows you to live in Australia on a pathway to permanent residence. Applications can be made onshore or offshore, depending on your circumstances and strategy.
Who can apply
You may be eligible if:
- You are the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
- You meet one of the following:
- You are legally married (a marriage valid under Australian law, or recognised under Australian law if entered overseas).
- You have been in a de facto relationship for more than 12 months and can evidence this.
- You have registered your relationship under an eligible State or Territory scheme.
- Both partners are at least 18 years old.
- You are not closely related (within a prohibited degree of relationship).
- The relationship is genuine and ongoing, to the exclusion of others, pursuant to Australian immigration laws & policy.
The two-stage process (lodged together)
When you apply for a Partner visa, you are effectively applying for two visas at once:
- Provisional — subclass 820 (onshore) or 309 (offshore): permits you to live in Australia while the permanent stage is assessed.
- Permanent — subclass 801 (onshore) or 100 (offshore): usually assessed two years after the original partner application date. A further application is made and evidence provided at this point. There is no application charge for this stage.
Long-term relationships may be assessed for the permanent stage earlier, where the statutory settings are met.
Onshore vs offshore
- Onshore (820/801): if you lodge while holding a substantive visa, you are usually granted a Bridging Visa A to remain in Australia during processing. A BVA does not allow travel; if you need to depart and return, you must obtain a Bridging Visa B before leaving.
- Offshore (309/100): lodged outside Australia. If you need to be in Australia during processing, you’ll need to hold another visa that permits travel and re-entry; the partner application itself does not grant travel rights until a decision is made.
Showing the relationship is genuine
Case officers don’t know you personally. Your application needs consistent, contemporary evidence across the four areas the Department looks at:
- Nature of the household — where you live, how you share day-to-day responsibilities.
- Financial aspects — how you organise and share money (accounts, bills, liabilities).
- Social aspects — how you present yourselves to family, friends and the community.
- Nature of the commitment — the duration, intention to a shared life, and future plans.
Being married or having a registration helps with legal status but does not remove the need to evidence each area. Written statements (including Form 888s), timelines, and documents should align and be accurate.
Sponsor requirements
The sponsor must meet sponsorship requirements, including police checks and sponsorship limitations (for example, limits on how many partners can be sponsored and waiting periods where a sponsor was previously sponsored). These arise pursuant to Australian immigration laws & policy and should be checked against your dates and history.
Prospective Marriage (subclass 300)
If you are engaged and outside Australia, the Prospective Marriage visa may be appropriate. It allows entry to Australia to marry within the prescribed period, after which you proceed to the Partner pathway onshore (820/801). It is a different process with its own criteria and timing considerations.
Work, study, Medicare — what to expect
- Work rights: depend on your current visa until your BVA takes effect (onshore). The temporary partner visa generally carries full work rights.
- Study: permitted; fees and entitlements vary by State/Territory and institution.
- Medicare: permanent residents have access; some applicants become eligible earlier based on partner visa status. This is nuanced — obtain advice for your circumstances.
Common errors that cause problems
- Lodging without meeting the relationship requirement (for de facto, missing the 12-month evidence or a registration).
- Sparse or inconsistent evidence across the four areas.
- Conflicts with information from previous visa applications.
- Ignoring Requests for Information or providing late, incomplete responses.
- Onshore cases lodged without a substantive visa and no proper treatment of Schedule 3 (where applicable).
Getting it right the first time saves time, cost and stress. In the worst cases, avoidable mistakes can lead to a refused application and an expensive appeal and re-lodgement cycle.
Practical preparation
Before you lodge, organise your material so it presents a coherent, truthful account of the relationship. The Department must be satisfied, pursuant to Australian immigration laws & policy, that the relationship meets the prescribed criteria; provide clear, dated and consistent evidence.
Prioritise quality over volume — inconsistent timelines, undated images and irrelevant screenshots can sometimes do more harm than good.
Never create or embellish documents; where there are gaps or anomalies, explain them plainly.
Documents you will need to prepare
- Identity documents
- Character documents: police clearances for every country you have lived in for 12 months or more in the last 10 years (including Australia). Arrange official translations where required.
- Relationship statements (statutory declarations): one from the applicant and one from the sponsor covering how you met, cohabitation, household arrangements, finances, social life and future plans. Explain any gaps or inconsistencies.
- Witness statements: at least two Form 888s (or statutory declarations) from people who actually know your relationship, with certified ID attached. Each declarant should write in their own words.
- Relationship evidence (the four areas):
- Household: such as; leases/mortgages, joint utilities, mail to the same address.
- Financial: such as; joint accounts, shared liabilities, insurance, super/beneficiary nominations, regular transfers.
- Social: such as; photographs, joint travel itineraries, invitations, statements from friends/family acknowledging the relationship.
- Commitment: such as; wills/beneficiaries, long-term plans, evidence of ongoing contact during any time apart.
If your relationship breaks down
Outcomes depend on when the breakdown occurs and the facts. Act early and get advice.
Before the temporary stage is granted (820/309): the application will usually be refused, unless a limited exception applies (for example, family violence or death of the sponsor), pursuant to Australian immigration laws & policy.
After the temporary stage, before the permanent stage (801/100): you must notify the Department. In some cases you can still be considered for the permanent stage (for example, family violence, a child of the relationship, or death of the sponsor).
After the permanent stage (801/100): the visa is not dependent on the relationship continuing (subject to fraud/public-interest issues).
How Leyton Stone Law can help
We assess eligibility for all Partner Visas, advise on onshore versus offshore strategy, and map sponsor obligations and any sponsorship limitations. We help you gather your relationship evidence, assist you in preparing relationship and sponsor statements, manage Statutory Declarations & Form 888s, and plan bridging and travel (BVA/BVB) so status is maintained.
Where Schedule 3 may be engaged, we advise on risk and submissions. If a matter has been refused, we advise on merits review, judicial review prospects and re-lodgement strategy. The aim is a coherent, decision-ready application that aligns with the legal criteria and your circumstances.
Disclaimer
The information in this article is general in nature and does not constitute legal advice. Immigration matters can be complex — you should seek advice from a registered migration agent or immigration lawyer about your individual circumstances before making any decision.
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