If you want to live in Australia with your spouse or de facto partner, you must meet specific legal requirements under Australian migration law. An Australian Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia temporarily and, eventually, permanently.
To qualify, you must prove that your relationship is genuine and continuing, meet health and character requirements, and satisfy visa subclass criteria. Most applicants apply for either the subclass 820/801 (onshore) or subclass 309/100 (offshore) partner visa streams. Applications are assessed under the Migration Act 1958 and Migration Regulations 1994.
Because partner visa applications are document-heavy and strictly assessed, obtaining legal guidance early can significantly improve your prospects. For tailored advice on your situation, consult experienced immigration lawyers at MIC Lawyers.
What Is an Australian Partner Visa?
An Australian Partner Visa allows a person in a genuine relationship with an eligible Australian sponsor to live in Australia.
There are two main pathways:
Subclass 820/801 (Onshore Partner Visa)
- Applied for while the applicant is in Australia
- Subclass 820 is temporary
- Subclass 801 is permanent (usually assessed after two years)
Subclass 309/100 (Offshore Partner Visa)
- Applied for while the applicant is outside Australia
- Subclass 309 is temporary
- Subclass 100 is permanent
In both pathways, you apply for the temporary and permanent visa at the same time.
Who Can Apply for a Partner Visa?
You may be eligible if you are:
- Legally married to an Australian citizen, permanent resident, or eligible NZ citizen; OR
- In a genuine de facto relationship with them.
What Counts as a De Facto Relationship?
To qualify as de facto, you must:
- Have been in the relationship for at least 12 months, OR
- Have your relationship registered in an Australian state or territory (such as NSW), OR
- Demonstrate compelling and compassionate circumstances.
The relationship must be genuine and continuing, not entered into for migration purposes.
What Are the Core Requirements for an Australian Partner Visa?
- Genuine and Continuing Relationship
This is the most critical requirement.
The Department of Home Affairs assesses your relationship across four key areas:
Financial Aspects
- Joint bank accounts
- Shared expenses
- Shared liabilities
- Evidence of financial support
Nature of the Household
- Living arrangements
- Division of household responsibilities
- Lease agreements or property ownership
Social Aspects
- How you present yourselves publicly
- Photos together
- Statements from friends and family
- Social media evidence
Commitment to Each Other
- Length of relationship
- Future plans
- Emotional support
- Long-term intentions
You must provide documentary evidence in each of these categories.
- Sponsorship Requirement
Your partner must sponsor you.
To sponsor someone, the sponsor must:
- Be 18 years or older
- Be an Australian citizen, permanent resident, or eligible NZ citizen
- Meet character requirements
- Not have exceeded sponsorship limits
There are restrictions if the sponsor has previously sponsored other partners or has certain criminal convictions.
- Health Requirements
Applicants must meet Australia’s health standards.
This usually involves:
- Medical examinations
- Chest X-rays
- HIV and other health screening tests
The purpose is to ensure the applicant does not pose a public health risk or cause significant healthcare costs.
- Character Requirements
Applicants must satisfy character requirements under Section 501 of the Migration Act.
This includes:
- Police clearance certificates from every country lived in for 12+ months
- No substantial criminal record
- No association with criminal organisations
Failure to meet character requirements can result in refusal.
- Age Requirement
Both applicant and sponsor must be at least 18 years old at the time of application.
Do You Need to Be Married?
No, you can apply as either:
- A legally married spouse; or
- A de facto partner (including same-sex couples).
Australia recognizes same-sex marriages and relationships equally under migration law.
How Long Does the Partner Visa Process Take?
Processing times vary depending on:
- Visa subclass
- Completeness of documentation
- Complexity of the relationship
- Department workload
Temporary visas are usually granted first. Permanent visas are typically assessed approximately two years after the initial application date, unless you qualify for early permanent grant (for long-term relationships).
Delays often occur when insufficient evidence is provided.
What Documents Are Required?
Common documents include:
Identity Documents
- Passport
- Birth certificate
- National ID
Relationship Evidence
- Marriage certificate (if married)
- Lease agreements
- Joint financial statements
- Utility bills
- Photos
- Statutory declarations (Form 888)
Character Documents
- Police certificates
- Military records (if applicable)
Health Documents
- Medical examination results
Each case differs. Missing or inconsistent documents can result in refusal.
What Happens If Your Partner Visa Is Refused?
If refused, you may have review rights at the Administrative Review Tribunal (ART), depending on the circumstances. Appeals are time-sensitive. Professional legal representation significantly improves prospects during review proceedings.
Can You Work While on a Partner Visa?
Yes, Subclass 820 and 309 visa holders generally have full work rights in Australia while waiting for permanent residency. They may also access Medicare (subject to eligibility).
What Are Common Reasons for Partner Visa Refusal?
Common refusal reasons include:
- Insufficient evidence of genuine relationship
- Inconsistent information in application
- Sponsor ineligible
- Failure to meet health or character requirements
- Relationship breakdown during processing
Is Legal Advice Necessary for a Partner Visa?
While it is possible to apply without a lawyer, partner visas are legally complex.
Errors or omissions can lead to:
- Long delays
- Requests for further information
- Visa refusal
- Financial loss of application fees
An experienced immigration lawyer can:
- Assess your eligibility
- Identify weaknesses in your case
- Structure evidence strategically
- Prepare legal submissions
- Represent you in review proceedings
For personalized immigration advice tailored to your situation, consult MIC Lawyers.
Frequently Asked Questions
Is it hard to get an Australian Partner Visa?
It can be challenging if evidence is weak or inconsistent. Strong documentation and clear proof of a genuine relationship significantly improve approval chances.
Can I apply for a partner visa while on a tourist visa?
Yes, in many cases you can apply onshore while holding a valid visa. However, visa conditions such as “No Further Stay” may prevent this. Legal advice is recommended.
Do I need to live together to qualify?
Generally, yes. Living together strengthens your case. If you live apart temporarily, you must provide compelling evidence explaining why.
How much does a Partner Visa cost?
Government application fees are substantial and subject to change. Additional costs may include medical exams, police certificates, and professional legal fees.
Final Thoughts: Protect Your Future in Australia
An Australian Partner Visa offers a pathway to permanent residency and a future together in Australia. However, the legal requirements are detailed and strictly assessed.
Meeting the relationship, sponsorship, health, and character criteria is essential. Proper documentation and legal strategy can make the difference between approval and refusal.
If you are considering applying or facing complications with your partner visa application, speak with experienced immigration lawyers at MIC Lawyers today.