Australian Partner Visa Guide: Introduction, Requirements, Process, Costs & Tips
Introduction to the Australian Partner Visa
The Australian Partner Visa is also called a spouse visa or de facto visa.
It allows the partner of an Australian citizen or permanent resident to live in Australia.
This visa is for couples, whether married or in a real de facto relationship.
It helps them reunite or build a life together in Australia.
Partner visas have two main types. The first is an onshore partner visa.
This includes subclass 820, which is temporary, and subclass 801, which is permanent.
The second type is an offshore partner visa. This includes subclass 309, which is provisional, and subclass 100, which is permanent.
Both streams ultimately lead to permanent residency if the relationship continues to satisfy requirements.
In this guide, we will discuss several important topics.
First, we will go over the eligibility criteria.
Next, we will explain the application process.
We will also look at processing times and costs.
Additionally, we will highlight common mistakes to avoid.
Finally, we will provide tips for a successful Australian Partner Visa application.
We will also share recent changes to the partner visa program. This way, you will have the latest information.
Eligibility Requirements for an Australian Partner Visa
To be eligible for an Australian Partner Visa, you and your partner must meet several requirements.
In general, the visa is open to the spouse (married) or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
Below are the key eligibility criteria:
1) Genuine Relationship
2) Married or De Facto Partnership
3) Eligible Sponsor
4) Health and Character
5) Other Requirements
You should not have any debts to the Australian government.
If you do, you need to have a plan to repay them.
You must also truly intend to live together and keep your partnership in Australia.
If you are applying from inside Australia, you must have a valid visa.
If you don’t have one, you need to meet certain criteria, like the Schedule 3 requirements for some former visa holders.
Note: There is a Prospective Marriage Visa (subclass 300) for engaged couples who are not yet married.
This visa lets you enter Australia to get married. After your marriage, you can apply for a partner visa.
This guide focuses on partner visas for spouses and de facto partners.
Application Process for the Partner Visa
1) Choose the right Partner Visa subclass
First, determine whether you will apply onshore or offshore.
If you and your partner are in Australia, you usually apply for the onshore Partner Visa (subclass 820/801).
If you are outside Australia, you apply for the offshore Partner Visa (subclass 309/100).
In either case, the application is a combined process for a temporary and a permanent visa.
You lodge one application (and pay one fee) for both the temporary and subsequent permanent partner visa.
You first get a temporary visa (820 or 309). After about two years, you can apply for a permanent visa (801 or 100).
If you have been in a long-term relationship, you may get the permanent stage soon after the temporary visa.
This applies if your relationship has lasted 3 years or more, or 2 years or more if you have a child
2) Prepare your documentation
The partner visa application is extensive. You will need to gather a wide range of documents to prove your relationship is genuine.
This includes evidence of your life together across four broad aspects: Financial aspects (joint bank accounts, bills, assets),
Household aspects include joint leases and mail sent to the same address. Social context includes photos together, travel plans, social media posts, and statements from friends or family
and Commitment to each other (like wills naming each other, plans for the future).
Both the applicant and sponsor must provide identity documents like passports and birth certificates.
They need to provide proof of their relationship. This can include a marriage certificate or evidence of a de facto relationship.
Additionally, they must submit personal documents.
The sponsor must fill out a sponsorship form. They also need to provide documents like proof of citizenship or residency and police checks.
Make sure to include certified translations of any document not in English.
3) Lodge the Partner Visa application online
All partner visa applications are lodged online through the Department of Home Affairs’ ImmiAccount portal.
You (the applicant) will complete the visa application form and upload all supporting documents electronically.
Your partner (sponsor) must submit a separate sponsorship application form (Form 40SP).
They can do this through their own ImmiAccount or by using a link from your application.
The visa application requires payment of the visa fee at the time of lodgment (see “Costs” below).
Make sure that all required fields are filled and all necessary documents are attached before you submit.
An incomplete application can cause delays or even rejection.
4) After applying for Partner Visa – bridging visas and waiting
If you applied onshore while on a valid visa, once your partner visa application is submitted,
You will usually get a Bridging Visa A (BVA).
This visa lets you stay in Australia legally while you wait for a decision.
(This bridging visa activates when your current visa expires.)
The bridging visa usually allows work and gives access to Medicare.
This is a relief for many applicants during the long waiting period.
Offshore applicants must stay outside Australia and wait.
You cannot enter Australia until the temporary 309 visa is granted.
The only exception is if you have another visa, like a visitor visa.
While you wait, the Department may reach out to you or your sponsor.
They might ask for more information or request an interview if needed.
Always respond promptly and thoroughly to any requests.
5) Outcome of the temporary partner visa
If your temporary partner visa (820 or 309) is approved, congratulations – this is the major hurdle!
Partner Visa 820 visa allows you to live and work in Australia temporarily while you wait for the permanent 801 visa.
A Subclass 309 visa lets you enter and live in Australia while you wait for the permanent 100 visa.
You must inform Immigration of any major changes. This includes changes like your address or if your relationship ends.
From the date you applied, once roughly 24 months have passed, the Department will begin processing your permanent partner visa stage (801/100).
They will often ask you to provide new proof of your relationship. This is to make sure it is real and ongoing before they give you the permanent visa.
You do not need to submit a new application or pay a new fee for this second stage. It is all included in the initial application.
6) Permanent residency (801/100)
After two years, if you still meet all the requirements, you can get the permanent Partner Visa.
This is only if your relationship is still ongoing. This is subclass 801 if you are in Australia and subclass 100 if you are outside Australia.
This visa gives you permanent resident status in Australia with full work rights and eligibility for eventual citizenship.
If you have been in a long-term relationship or have children together, you may receive a permanent visa.
This can happen right after your temporary visa is approved. This means you can skip the wait
Once you have a permanent visa, you can stay in Australia forever. You will have the same rights as other permanent residents.
Throughout the process, patience and diligence are key. The application involves a lot of paperwork and a long wait, but careful preparation will pay off.
Partner Visa Processing Times
One of the biggest challenges for partner visa applicants is the waiting period. Processing times for Australian partner visas can be long.
They depend on individual situations and Department backlogs.
As of the latest data, typical processing times can take several months to more than two years for the temporary visa stage.
For onshore partner visa applications (subclass 820), about 25% are decided in about 3 months.
Half of the applications are decided in 6 months. Seventy-five percent are decided in around 16 months. Up to 90% of cases may take 34 months, which is nearly three years, to be finalized.
Offshore partner visas (subclass 309) have similar timelines. Many applicants wait about 12 to 18 months or more. Some cases can take over 2 years.
The permanent visa (801/100) is usually processed 2 years after the first application. However, if the relationship is stable, the wait for the permanent stage is often just a formality.
Some permanent visas are granted soon after if you qualify as long-term partners.
Several factors influence how fast your application is processed:
1) Completeness of your Partner Visa application
Submitting a decision-ready application (with all required documents and evidence provided upfront) can significantly reduce delays.
Incomplete applications or missing information will lead to requests for further evidence and longer processing.
2)Partner Visa Volume of applications
The Department of Home Affairs manages a large caseload. If there’s a surge in partner visa lodgments or if annual visa quotas are met, wait times can increase.
Conversely, government initiatives or more staff allocation can improve processing speeds.
3) Partner Visa Background checks
Getting and verifying health exams, police checks, and security clearances can take time.
This is especially true if you or your partner have lived in many countries. Police certificates from some countries can take months to obtain.
4) Partner Visa Interview or investigation
Sometimes, immigration officers may interview people or check relationship claims more carefully.
This can happen if they doubt the truth of the relationship. This extra scrutiny can lengthen the process.
5) Partner Visa Policy changes
Changes in immigration policy or procedures can affect processing times.
For example, adding a separate sponsorship approval step may increase front-end processing time.
However, other measures to streamline the process might reduce it.
In summary, you can expect to wait 1 to 2 years on average for a temporary visa. Some applications are processed faster, while others take longer.
You can’t control everything, but you can control how complete and accurate your application is. This can help avoid unnecessary delays.
Costs Involved (Partner Visa Australia Cost)
Applying for an Australian Partner Visa is not cheap. It is one of the most expensive visa applications in Australia.
It’s important to be aware of all the costs involved so you can budget accordingly.
Here’s a breakdown of the costs to consider:
1) Visa Application Charge
The primary partner visa Australia cost involves the visa application fee paid to the Australian government at lodgment.
As of 2024, the base partner visa application fee is around AUD 9,000 (specifically, AUD 9,095 for most applicants)
This fee covers both the temporary and permanent visa processing – you pay once for the combined application.
The fee has gone up over the years and can change.
For example, it was about $7,715 a few years ago, but now it is over $9,000. Always check the current fee on the Department’s official Visa Pricing Table.)
This amount is non-refundable. If your visa is refused, you will not get this money back. This is a strong reason to get the application right the first time.
Note: If you had a Prospective Marriage (Subclass 300) visa and are now applying for a partner visa, you will pay a smaller fee. This fee is about $1,300 to $1,500 instead of the full amount.
2) Medical Examination
You and any dependent applicants will need to undergo health examinations as part of the process.
The cost of medical checks can vary by country and provider, but you should budget a few hundred dollars per person.
In Australia, a standard immigration health exam might cost around AUD $300–$500. If you have specific medical conditions, additional tests could increase this cost.
These exams are usually done after you apply (the Department will send you a request with instructions),
You can also choose to do a “health exam upfront.” This will give you results early. Talk to your migration LAWYERabout this, as timing can be important.
3) Police Clearance Certificates
4) Translation and Certification
Any documents that are not in English must be translated. If translated in Australia, use a NAATI-certified translator. If done overseas, use an accredited translator.
Translators charge for each document page. Costs can be about AUD $50 to $100 per page. This depends on how complex and urgent the work is.
You may need to have copies of official documents certified by an authorized person.
However, if you scan the originals in color for online submission, certification might not be needed for all documents.
Factor in these costs if applicable to your documents.
5) Migration Agent or Lawyer Fees (optional)
Many couples decide to hire a registered migration agent or immigration lawyer for help with the partner visa.
This is because the process can be complex.Professional fees can vary a lot. They often cost $4,000 to $7,000 or more for a partner visa service.
The price depends on the service level and how complex your case is.
This cost is not required, but if you feel unsure, it is a good idea to consider it. It can provide peace of mind and expert help.
6) Other potential costs
You might have incidental expenses such as getting passport photos taken (for identity documents or police checks),
mailing documents may be needed if something must be sent physically.
Travel costs may apply if an interview is required at an Australian mission abroad.
Most partner visa applications do not need an interview.
However, if you are asked to attend one overseas, you must travel to the embassy or consulate at your own cost.
Summary
In total, a couple should be prepared to invest a significant amount into this process.
For most, the visa fee (~$9k) + medicals & police checks (perhaps $500–$1000+) are the big unavoidable costs.
Even though it costs money, getting a partner visa brings great benefits.
You can live with your loved one in Australia and eventually get permanent residency.
Just make sure to save up and plan for these fees in advance, so that financial stress doesn’t delay your application.
Common Mistakes to Avoid When Applying Partner Visa
Applying for a partner visa can be tricky, and it’s easy to make mistakes. These mistakes can be very costly.
Remember, the nearly $9,000 fee is non-refundable if your application is refused.
The Department of Home Affairs has often denied many partner visa applications.
This is usually due to mistakes or not enough evidence.
Here are some common mistakes couples should avoid:
1) Insufficient or Poor Evidence of Relationship
One of the most common mistakes is not giving enough proof – or not the right proof – to show your relationship is real.
Simply being in love is not enough; you have to document your relationship thoroughly.
Avoid submitting a scant set of documents or only photos. Provide a wide range of evidence covering financial, social, household, and commitment aspects.
For example, don’t just submit a few photos and call it a day. Include items like joint bank statements, lease agreements, and utility bills with both names.
Also, add travel tickets, chat logs, call records, and statutory declarations from friends and family.
Also ensure the evidence tells a consistent story (dates and details should align across all your documents).
Tip: Both the applicant and sponsor should write personal statements. They can also use Form 888 for Australian witnesses.
In these statements, share your relationship history. Be honest and include many relevant details.
Failing to supply sufficient proof of the relationship is a frequent reason for partner visa refusals.
2) Inconsistencies or Errors in the Application
Another red flag is inconsistent information in your forms or between your forms and evidence.
Double-check names, dates of birth, addresses, timelines of your relationship, etc., across all forms and documents.
Mismatched dates can create doubt. For example, if your statement says you met in May 2019, but a form lists June 2019, it raises questions.
Likewise, ensure the information you and your partner provide is consistent with each other.
Inconsistencies can be seen as misrepresentation or an indication the relationship isn’t genuine.
It’s an easily avoidable mistake: take time to proofread all answers and have your partner do the same.
3) Not Meeting the De Facto Criteria (Unaware of the 12-month rule)
Some applicants apply as de facto partners without realizing they haven’t met the 12-month cohabitation requirement.
Immigration does allow some exceptions. You might qualify if you register your relationship in an Australian state or territory.
You can also qualify if you have strong reasons. However, generally, If you have been together for less than 12 months and are not married, you must register your relationship.
Otherwise, you need to wait until you have been together for 12 months before applying. Ignoring this rule can lead to a straight refusal.
Make sure you qualify as de facto. You can do this by living together for a year or more. If you don’t have that much time, take steps to legally register your relationship.
4) Missing Documents or Not Following Instructions
5) Lodging at the Wrong Time or Place
6) Not Submitting the Sponsorship Form / New Sponsor Requirements
7) Assuming “She’ll Be Right”
In Australian slang, “she’ll be right” means assuming things will just work out.
Don’t think that your real relationship will guarantee a visa without hard work on the application.
Many partner visa refusals happen to genuine couples who did not know how much evidence or detail was needed
Treat the partner visa application like a legal/bureaucratic process (which it is) – be meticulous.
It’s a mistake to be over-confident and under-prepared. Also, don’t lie or leave out important facts. Always be honest about your situation.
Immigration authorities can check your information, and being dishonest can lead to bans.
The goal is to present your case in the best possible light with full transparency.
By avoiding these common mistakes and approaching the application with care, you greatly improve your chances of success.
Remember that even small errors can have big consequences in visa applications.
It can help to have someone (a friend, or a migration agent) review your application to catch mistakes you might have overlooked.
Given the high stakes – both emotionally and financially – it’s worth the extra diligence.
Tips for a Successful Partner Visa Application
Achieving a successful partner visa outcome requires strategic preparation and attention to detail.
Below are some TIPS to maximize your chances of approval and smooth the journey:
1) Start Early and Stay Organized
Begin collecting relationship evidence well before you plan to apply.
It can take time to gather documents like joint financial statements or to build a timeline of cohabitation.
Create a folder (physical or digital) to organize documents by category (financial, social, etc.). Use a checklist to track required items.
Early preparation ensures you won’t be scrambling before the deadline or missing documents. It also gives you time to address any gaps –
For example, if you notice you have little proof of shared finances, you can start combining some finances now. This will help strengthen your case by the time you apply.
2) Provide Comprehensive Relationship Evidence
We can’t stress this enough – quality and quantity of evidence matters.
Go beyond the minimum. Include multiple pieces of evidence for each aspect of your relationship.
For finances, for instance, provide bank statements spanning the length of your relationship, not just one month.
To show social proof, add photos of you together at different events. Include captions with the date and context.
You can also add screenshots of your chat history over time and proof of traveling together.
If you have a lot of photos, choose a representative selection across years rather than a dump of 500 images. The goal is to paint a convincing picture of your life as a couple.
Think about writing a clear and heartfelt relationship statement. Include how you met and how your relationship grew. Mention important milestones and your future plans together.
The more tangible and consistent your evidence, the easier it is for a case officer to approve your visa.
3) Submit a Decision-Ready Application
Aim to lodge your application with all required documents uploaded and forms completed correctly from the start. A “decision-ready” application can shave months off the waiting time.
The Department often processes well-prepared cases more quickly, as there’s no need to ask for extra info.
Include your police checks and health exam results if you have them (or at least do your medicals soon after applying when instructed).
Migration experts say that having a complete partner visa application can greatly reduce the wait time for approval.
While sometimes additional documents will still be requested, you should front-load as much as possible. It shows the case officer that you’re thorough and cooperative.
4) Double-Check Everything (Twice)
Before hitting that “submit” button, review every section of the online form. After you fill it out, take a break, then review it again with fresh eyes.
Cross-reference your answers with your supporting documents. Ensure dates match up and there are no contradictions.
Small typos (like a wrong passport number or a misspelled name) can cause hassles later.
If English isn’t your first language, have someone proficient review your written statements for clarity.
Essentially, treat the application like a final exam or important job application – polish it as much as you can.
5) Stay Communicative and Responsive
After lodging, check your email (and ImmiAccount) regularly for any correspondence from the Department.
Sometimes, you may need to provide more information. You might also be asked to take a health exam or biometrics if you haven’t done so yet.
Respond to any requests quickly and completely – delays in responding will directly delay your visa.
If you plan to travel or move while waiting for a decision, please inform the Department. You can also update your information in ImmiAccount.
Keeping the Department informed and responding promptly helps move your application along and shows you’re responsible.
6) Be Patient and Plan Accordingly
Prepare for a long wait, and have a plan for how you and your partner will manage during that time.
If you are the applicant waiting onshore, you might have a bridging visa without travel rights.
Think about applying for a Bridging Visa B if you need to travel in an emergency.
If you are apart (one of you is offshore and the other is onshore), talk about how to stay in touch.
You might also consider visiting on a tourist visa if possible.
Remember to disclose your partner visa if immigration asks when you enter on a tourist visa.
Emotional support and patience are important for the couple. The process can be stressful, but staying focused on the goal will help.
7) Consider Professional Advice if Unsure
If the process feels overwhelming or if your case has issues, consider talking to an experienced partner visa lawyer.
This includes cases with prior visa refusals, a criminal record, or not meeting the 12-month de facto rule.
They can provide personalized guidance and check your application.
While it’s an added cost, an expert’s eye can catch issues you might miss and avoid a costly refusal.
This is especially helpful for complex cases. Make sure to use an expert in migration law if you do.
Many reputable experts specialize in partner visas, like us at Emigrate Lawyers.
8) Stay Up-to-Date on Policy Changes
Immigration rules can change. While we discuss recent changes below, stay updated on partner visa requirements.
Check official Home Affairs announcements or news for updates.
For example, if new requirements, like an English test, become necessary, you should prepare for them ahead of time.
Following these tips can improve your chances of a smooth and successful partner visa application.
Many couples do get their visa approved on the first try by being thorough and careful.
Remember, the visa process can be complicated, but it is a challenge you can finish.
Once you get through it, you and your partner can start the next chapter of your lives together in Australia.
Recent Changes and Updates to Partner Visa Policy
Australian partner visa policies have seen some updates in recent times. Applicants must be aware of these recent changes to ensure their information is up-to-date.
1) Onshore/Offshore Grant Flexibility (Late 2023)
A significant change was implemented on 25 November 2023 regarding where you can be when the visa is granted.
Offshore partner visa applicants (subclass 309) had to be outside Australia when their visa was granted.
Onshore applicants (subclass 820) had to be in Australia at the time of grant. This sometimes forced couples to juggle travel plans.
As of November 25, 2023, partner visas can be granted no matter where the applicant is in many cases. The government has removed the strict location requirement for approval.
In practice, this means if you applied offshore but happen to be in Australia on, say, a visitor visa when your 309 visa is ready,
the visa can be granted without you leaving the country (and vice versa for onshore applicants abroad).
However, note that at the time of applying, the old rule still applies (you must lodge 820 onshore, and 309 visa offshore).
This change adds flexibility and peace of mind. It stops situations where an applicant must fly out of Australia just to get their visa.
2) Visa Fee Increases
The cost of partner visas has increased in recent years.
Notably, from 1 July 2023 (and again in 2024), the visa application charge went up.
It’s now over AUD $9,000 for the main applicant (as mentioned earlier). This was an increase from around $7,850 a couple of years prior.
If budgeting, be aware that fees usually rise annually on the 1st of July with Australia’s new financial year. Always check the current fee right before you apply.
While this isn’t a policy change in terms of criteria, it’s a financial update that all applicants feel.
4) Processing and Priority Updates
The Department of Home Affairs sometimes announces changes in processing priorities.
During the COVID-19 pandemic, for example, onshore partner visas were prioritized to allow families to stay together.
There was a time of COVID concessions. These allowed some offshore partner visa applicants to get their visa while in the country.
This was due to travel restrictions. This change led to new location rules in 2023.
The government is working to reduce the large backlog of partner visa applications. They are doing this by increasing the number of partner visas in the migration program.
In program year 2020-21, a big increase in partner visa quota aimed to clear waiting times.
As of the latest updates, partner visas are in high demand and have no cap. This means all valid applications should eventually be processed.
Keep an ear out for any news on processing times – but at this point, expect the waiting game described earlier.
Summary
In conclusion, staying informed about these changes is important.
Immigration policies can evolve, and requirements today might be different in a year.
Make sure to read any new instructions on the official Home Affairs website when preparing your application.
When in doubt, consult official sources or migration lawyers to clarify how new rules might apply to you.
By knowing the current rules and recent changes, you can avoid surprises.
This will help your partner’s visa application succeed under the latest standards.
By following this guide and staying diligent, you’ll be well on your way to joining your partner in Australia through a Partner Visa. Good luck with your application!
About the Author – Madhab Kharel
Madhab Kharel is a skilled Australian immigration and family lawyer. He focuses on migration law, partner visas, protection visas, judicial reviews, and divorce cases.
Madhab is the founder and main lawyer at Emigrate Lawyers. He is committed to giving expert legal help to clients dealing with the Australian immigration system.
Madhab cares deeply about justice and advocacy. This has made him focus on complex migration cases. His work includes partner visas, skilled migration, student visa refusals, and humanitarian protection visas.
With years of hands-on experience, Madhab has built a reputation for helping individuals and families reunite in Australia.
His approach focuses on the client. He makes sure every case gets personal attention and smart legal solutions. He is dedicated to achieving the best outcomes possible.
Madhab is not just a lawyer. He strongly supports migrants’ rights. He also takes part in community programs. These programs offer legal education and help to new immigrants.
His strong knowledge of migration law, along with his commitment to ethical legal practice, makes him a trusted advisor. He helps individuals who need guidance on visa and residency issues.
For help with your partner visa application or other migration law issues, contact Madhab Kharel at Emigrate Lawyers.
