Australian Partner Visas: A Plain-English Guide

By Peter Toms, Principal Lawyer · Updated 12 November 2026

If your partner is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, a partner visa lets you live in Australia on a pathway to permanent residence. You can apply from inside Australia (onshore) or outside Australia (offshore). Which one is right depends on where you are, what visa you hold and your history with the Department.

Partner visas are not points-tested, there is no English test and no age limit. That does not make them simple. They are evidence-heavy, expensive, and assessed against detailed legal criteria. The Department refuses a significant number every year, usually because of problems that could have been avoided.

The short answer: you need to show a genuine and continuing relationship, meet the legal relationship requirements on the day you apply, and present consistent evidence across four areas of your life together. Your partner also has to qualify as a sponsor.

Who can apply

You may be eligible if:

you are married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or eligible New Zealand citizen;
if you are married, the marriage is valid under Australian law (including a marriage overseas that Australia recognises);
if you are de facto, you have generally lived together, or not lived separately on a permanent basis, for at least 12 months immediately before you apply. A relationship registered under a prescribed State or Territory scheme (for example, in New South Wales) can remove the 12-month requirement;
you are both at least 18 when you apply;
you are not closely related; and
the relationship is genuine and continuing, and you have a mutual commitment to a shared life together to the exclusion of all others.

Two visas, one application

When you apply, you are applying for two visas at once:

The temporary visa: subclass 820 (onshore) or 309 (offshore). This lets you live, work and study in Australia while the permanent stage is assessed.
The permanent visa: subclass 801 (onshore) or 100 (offshore). This is usually assessed about two years after you first applied. You provide updated evidence that the relationship is continuing, but you do not pay a second application charge.

If you have been together for at least three years when you apply, or at least two years and you have a dependent child of the relationship, you may be able to be granted the temporary and permanent visas together under the long-term relationship provisions.

Onshore or offshore?

Onshore (820/801). You must be in Australia when you apply. If you hold a substantive visa when you lodge, you will usually be granted a Bridging Visa A (BVA), which keeps you lawful until the temporary visa is decided. The BVA generally carries the same work conditions as your previous visa. If that visa did not allow work, you can apply for a further BVA without the work restriction, but you will usually need to show financial hardship. A BVA does not let you travel. If you need to leave and come back, you need a Bridging Visa B before you go.

Offshore (309/100). You must be outside Australia when you apply and when the temporary visa is granted. You can visit Australia on another visa while you wait, but the partner application itself gives you no right to enter. Offshore applications are often the safer route for people who would face Schedule 3 or a “no further stay” condition onshore.

A few points that trip people up:

No substantive visa? If your last visa has expired, or been refused or cancelled, extra criteria called Schedule 3 will usually apply to an onshore application. See our Schedule 3 guide.
Section 48 bar. In limited circumstances, a partner visa can be lodged onshore after a visa refusal or cancellation, but strict requirements apply. See our Schedule 3 guide.
No further stay. If your current visa has a “no further stay” condition (such as 8503) that has not been waived, you generally cannot lodge an onshore partner visa. Check your grant notice or VEVO before you plan anything.

How the Department assesses the relationship

The case officer does not know you. They make a decision from the papers, by looking at four areas:

Financial aspects: how you share money and financial responsibility. For example, joint accounts, shared bills and liabilities, joint assets, and money you send each other.
The nature of the household: where you live, how you share the running of the home, and the care of any children.
Social aspects: how you present yourselves to family, friends and the community. For example, joint invitations, travel, and statements from people who know you as a couple.
The nature of your commitment: how long you have been together, how you stayed in contact during time apart, and your plans for the future.

Being married or having a registered relationship helps with the legal requirements, but it does not remove the need to evidence each of these areas. The Department weighs the evidence as a whole. A gap in one area is not fatal if it is explained and the rest of the picture is strong.

The sponsor

Your partner, the sponsor, must also qualify. The Department considers:

Sponsorship limits. A sponsor can generally be refused if they have already sponsored two partners, or if they sponsored a partner, or were sponsored as a partner themselves, within the last five years. There is limited room for exceptions where there are compelling circumstances.
Character. Sponsors may need to provide police checks, and certain convictions, particularly involving violence or children, can prevent approval where there are children in the application.
Their own status. The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen when the application is made.

If your sponsor was sponsored on a partner visa within the last five years, check this before you do anything else.

The cost

Partner visas are one of the most expensive Australian visas. From 1 July 2026, the Government application charge for an onshore partner visa is $11,710 for the main applicant, with additional charges for each family member included. It is paid when you lodge, it covers both stages, and it is generally not refunded if the application is refused or withdrawn. A refusal can mean losing the full amount.

Work, study and Medicare

Work: the temporary partner visa generally comes with full work rights. Before it is granted, your work rights depend on your bridging visa.
Study: you can study, although fees and entitlements vary by State and institution.
Medicare: many onshore partner applicants can enrol in Medicare once their application is lodged. Offshore applicants generally become eligible once their visa is granted and they are in Australia. Check your own position with Services Australia.

Documents you will need

Every application is different, but you should expect to provide:

identity documents for you, your partner and any children;
police certificates for every country you have lived in for 12 months or more in the last 10 years (including Australia), with translations where needed;
detailed statements from you and your partner about your relationship history: how you met, when you moved in together, how you run your household and finances, your social life and your plans;
at least two statements (Form 888 or statutory declarations) from Australian citizens or permanent residents who know your relationship personally;
evidence across the four areas above, such as leases, joint accounts, bills, travel records and photographs; and
health examinations and, where relevant, documents for children.

More is not always better. Undated photos, hundreds of chat screenshots and documents that contradict each other can do more harm than good. Quality and consistency carry more weight than volume.

If the relationship breaks down

What happens depends on when the relationship ends:

Before the temporary visa is granted: the application will usually be refused, unless a limited exception applies (for example, family violence or the death of the sponsor).
After the temporary visa, before the permanent visa: you must tell the Department. In some cases you can still be granted the permanent visa, for example where there has been family violence, there is a child of the relationship, or your sponsor has died.
After the permanent visa is granted: your permanent residence does not depend on the relationship continuing, unless there are issues such as fraud.

If your relationship has ended, or there has been family violence, get advice early. The family violence provisions have strict evidence requirements.

Common mistakes

Applying as de facto before the 12-month requirement is met, without a registered relationship.
Evidence that is thin in one or more of the four areas, with no explanation.
Statements that are inconsistent with each other, or with information in previous visa applications.
Lodging onshore without a substantive visa and not dealing with Schedule 3.
Lodging onshore with an unwaived “no further stay” condition.
Not checking the sponsor’s history before lodging.
Missing deadlines for requests for further information.

Practical preparation

Before you lodge, organise your material so it tells a clear, truthful and consistent story. Explain any gaps or unusual features plainly, such as periods living apart, a short relationship before marriage, or a large age gap. Never create or embellish documents. False or misleading information can lead to refusal, and a bar on further visas for years.

Related guides

How we can help

Getting it right the first time protects your money and your future together. We can help you understand what is needed and prepare an application that is complete from day one.

Book a consultation, email us at info@leytonstonelaw.com, or call +61 (02) 8114 4577.

Disclaimer: This article is general information only and is not legal advice. Immigration law and policy change often, and every case depends on its own facts. Please seek advice about your individual circumstances before making any decision.

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