Can We Apply for a Partner Visa?

 

Partner Visas allow the partner or spouse (same or opposite sex) of an Australian Citizen, Australian Permanent Resident, or eligible New Zealand Citizen to reside in Australia permanently, providing a reliable and secure pathway to permanent residency.

There are two pathways, each consisting of two visas:

1. The offshore Partner Visa (Subclasses 309 and 100)
2. The onshore Partner Visa (Subclasses 820 and 801)

Both offshore and onshore Partner Visas are combination visas, meaning applicants apply for both visas simultaneously. The temporary visa transitions to the permanent visa, generally after two years.

 

Why Apply for a Partner Visa?

 

Partner Visa holders can live, study, and work in Australia and may also sponsor family members to join them. They can access Australia’s public health care (Medicare) and apply for Australian citizenship once eligible.

Eligible visa holders may attend free English language lessons through the Adult Migration English Program.

There are no travel restrictions for visa holders; however, permanent visa holders must apply for a Resident Return Visa (RRV) to travel after five years.

 

Partner Visa Requirements

 

Applicants must satisfy the following criteria:

• Meet the relationship requirements.
• Be over 18 years of age.
• Meet the health requirements.
• Meet the character requirements.
• Have no debt to the Australian government.
• Not have had a visa cancelled or a previous application refused.

The applicant’s partner must also sponsor them for two years after the temporary visa is granted.

The visa will not be granted if it is not in the best interests of an applicant under 18.

 

Partner Visa Evidence

 

Partner Visa applicants must demonstrate that they are in a genuine and continuing relationship to the exclusion of all others.

As part of the application process, applicants must provide the Department of Home Affairs (the Department) with evidence of their relationship. This may include:

• Relationship history.
• Evidence of a shared household.
• Joint financial arrangements.
• Social recognition of the relationship.
• Long-term commitment to each other.

Examples of acceptable evidence include:

• Joint ownership or rental of a home.
• Correspondence addressed to both applicants at the same address.
• Joint utility accounts (electricity, gas, telephone).
• Joint bank accounts.
• Proof of declaring the relationship to government bodies, commercial or public institutions.
• Photographs with details of people, locations, and dates.
• Evidence of joint travel, including travel tickets and itineraries.
• Social media communication records.
• Estate planning documents (e.g., Will, Advanced Care Directive, Enduring Power of Attorney).

Read more about gathering evidence for a Partner Visa here.

 

Age & Health Requirements

 

Applicants must generally be 18 to apply for a Partner Visa and meet minimum health standards.

However, if an applicant develops a health issue at the time of application or has an underlying health condition, they may apply for a health waiver.

Applicants and any members of the family unit or dependent children must be free from any disease that:

• Imposes significant healthcare and community service costs on the Australian community.
• Limits the access of Australian citizens and permanent residents to healthcare and community services in short supply.

As part of the application process, applicants and their family unit members must undergo a health examination, which remains valid for 12 months.

 

Character Requirement

 

The good character requirement applies to all visa applicants, including family members and dependent children.

The Department will determine if an applicant meets the good character requirement. Generally, applicants with no significant criminal records (defined as imprisonment of more than 12 months) meet this requirement. A common way to prove good character is obtaining an Australian Federal Police Certificate.

Applicants must declare all criminal offences and truthfully answer all questions. The Department will not grant a Partner Visa if there is a risk the applicant may engage in criminal conduct and pose a danger to the Australian community.

Learn more about visa implications related to criminal convictions here.

 

Australian Debts & Visa History

 

Applicants and their family members must repay any outstanding debts owed to the Australian government before applying.

Applicants may not be eligible for a Partner Visa if they have had a previous visa cancelled or refused in Australia.

 

Onshore Partner Visa (Subclass 820 & 801)

 

The Temporary Partner Visa (Subclass 820) is the first step toward permanent residency for applicants in Australia at the time of application.

Once granted, applicants may study, work, and live in Australia while awaiting the outcome of their permanent visa application.

In certain cases, the temporary visa may transition automatically to the permanent Partner Visa, provided the eligibility criteria are met.

 

Refused Applications

 

If an application is refused, the applicant may be eligible to request a review at the Administrative Review Tribunal (ART).

Although lengthy, this process allows the applicant to remain in Australia until a decision is made.

Between July 2024 and March 2025, 55% of Partner Visa appeals were successful, according to the ART website.

If the Permanent Partner Visa (Subclass 801) is not granted automatically, the Department will notify the applicant of their eligibility to apply, usually two years after their initial application.

Applicants must provide evidence that they remain in a genuine relationship.

 

Offshore Partner Visa (Subclass 309 & 100)

 

The Subclass 309 Visa is the offshore equivalent of the onshore temporary Partner Visa.

Applicants must be outside Australia at the time of application. Once granted, they can travel to Australia to begin their life onshore with their spouse or de facto partner.

The holder of a Subclass 309 Visa can study, work, and live in Australia while awaiting the permanent Partner Visa (Subclass 100).

If the Subclass 309 Visa is refused, the applicant cannot apply for a merits review of the decision.

Unlike the onshore visa, their Australian citizen or permanent resident spouse can apply for a review with the ART on their behalf.

 

Partner Visas & Permanent Residency

 

Applicants become permanent residents of Australia when their Subclass 100 or 801 Visa is granted.

If the visa applicant is outside Australia at the time of grant, they must enter Australia before the date specified in their grant letter (usually within 12 months).

Dependent Child (Subclass 445) Visa holders may apply for a Permanent Partner Visa.

 

Can You Skip the Temporary Partner Visa?

 

All applicants must apply for both a temporary and permanent Partner Visa, either onshore or offshore.

However, in exceptional cases, onshore applicants may be granted both visas simultaneously.

Generally, applicants who have been in a long-term relationship for at least three years – or two years if they have a dependent child together – may receive permanent residency without waiting the usual two-year period, depending on the strength of the application.

 

Why Would a Partner Visa Be Refused?

 

A Partner Visa application may be refused if the Department does not consider the relationship genuine.

 

Contact Us

 

Contact Bambrick Legal to schedule a consultation with our migration team:

• Schedule a professional consultation with our specialists here
• Call us on 08 8362 5269
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• Follow us on LinkedIn

Please note: Our migration and citizenship consultations are provided on a fee basis.

Related Blog – Can a Divorced Person Sponsor a Partner Visa in Australia?