Partner Visa Australia

The partner visa allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia. At OVEC, we assist clients with partner visa applications from Canberra and nationally — including onshore and offshore applications, prospective marriage visas, and the two-stage permanent pathway. With over 15 years of experience and 176 five-star Google reviews, OVEC is one of Canberra’s most trusted registered migration agents (MARN 1170438).

Partner Visa Pathways

There are three main partner visa pathways in Australia, depending on your relationship status and whether you are applying from inside or outside Australia.

Onshore Partner Visa — Subclass 820 and 801

If you are already in Australia on a valid visa and in a genuine relationship with an eligible sponsor, you can apply for the onshore partner visa. This is a two-stage application — you lodge both the temporary (subclass 820) and permanent (subclass 801) stages at the same time. Once the subclass 820 is granted, you are able to remain lawfully in Australia while the permanent stage is assessed. The permanent subclass 801 is generally considered two years after the initial application date (or immediately, if you have been in the relationship for three or more years, or have dependent children together).

Offshore Partner Visa — Subclass 309 and 100

If you are outside Australia at the time of lodging your application, you apply for the offshore partner visa. Like the onshore pathway, this is a two-stage application — the temporary subclass 309 and permanent subclass 100 are lodged together. The subclass 309 allows you to enter and remain in Australia temporarily while the permanent stage is processed. The criteria and processing structure are the same as the onshore pathway, but the temporary visa stage requires you to be outside Australia when the visa is granted.

Prospective Marriage Visa — Subclass 300

If you are not yet married but intend to marry an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be eligible for the Prospective Marriage visa (subclass 300). This visa allows you to travel to Australia and marry your partner within nine months of the visa being granted. You must then apply for a partner visa from within Australia to remain after the visa expires. The subclass 300 is a temporary visa only — it does not directly lead to permanent residence without the subsequent partner visa application.

Eligibility Requirements

To be eligible for a partner visa, you must be in a genuine relationship with an eligible sponsor and meet health and character requirements. The key requirements are as follows.

The Sponsor

Your sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. The sponsor must be at least 18 years of age and must not have previously sponsored another partner visa applicant within the past five years, unless the Department is satisfied that compelling and compassionate circumstances justify an exception. The sponsor must also not have been found to have committed any relevant offences, including family violence or child abuse.

The Relationship

For a married partner visa, the marriage must be legally valid under Australian law. For a de facto partner visa, you must demonstrate that you have been in a genuine de facto relationship for at least 12 months immediately before lodging the application, unless you are registered under a prescribed state or territory law (such as a registered relationship), or there are compelling circumstances for waiving the 12-month requirement.

The Department assesses the genuineness of the relationship across four aspects:

• Financial aspects — joint bank accounts, shared financial commitments, joint ownership of property or assets
• Nature of the household — shared living arrangements, joint responsibility for household tasks
• Social aspects — the relationship is known to and accepted by family and friends, joint participation in social activities
• Commitment — knowledge of each other’s personal circumstances, long-term plans, and the duration of the relationship

Evidence across all four aspects is important. A weak or one-sided evidence base is one of the most common reasons partner visa applications are refused or subject to a Request for Further Information.

Health and Character Requirements

All partner visa applicants — and any dependent family members included in the application — must satisfy health and character requirements. Health requirements involve a medical examination conducted by a Department-approved physician (a Panel Doctor). Character requirements generally involve a police clearance from any country where the applicant has lived for 12 months or more in the past 10 years. OVEC advises clients on which requirements apply and how to arrange the necessary checks in a timely manner.

Processing Times

Partner visa processing times are among the longest in the Australian migration program. Applications are assessed in the order they are received, and current processing times for the permanent stage (subclass 801 or 100) can exceed several years. The temporary stage (subclass 820 or 309) is typically decided faster. OVEC advises clients on realistic timelines based on current Departmental processing data and ensures applications are complete and well-documented to avoid unnecessary delays.

Family Violence Provisions

If a relationship breaks down due to family violence while a partner visa application is being processed, the applicant may still be eligible for the permanent partner visa under the family violence provisions. These provisions allow the Department to consider an application for the permanent stage even where the relationship has ended, provided the applicant can establish that they suffered family violence during the relationship. OVEC handles applications involving the family violence provisions with sensitivity and care.

Sponsorship Obligations

Sponsors take on obligations when they agree to sponsor a partner visa applicant. These include providing assurances of support and obligations under Australian law. If a sponsored partner arrives in Australia and requires social security assistance within the first two years, the sponsor may be subject to a debt recovery process. OVEC advises sponsors on their obligations before and after the visa is granted.

Frequently Asked Questions

Do we need to have lived together to apply for a partner visa?

For a de facto partner visa, you must generally show that you have been in a genuine de facto relationship for at least 12 months. This typically includes evidence of cohabitation, but couples in long-distance or separated-living situations can still qualify if the relationship is genuine and can be evidenced across the four relationship aspects. For a married partner visa, there is no cohabitation requirement — the legal marriage itself satisfies the relationship requirement, though you must still demonstrate the relationship is genuine.

Can I work in Australia while my partner visa is being processed?

Yes. Once the temporary stage (subclass 820 or 309) is granted, you are entitled to work in Australia without restriction. While an onshore bridging visa is in effect between lodging and the 820 being granted, most applicants are also entitled to work on their bridging visa. OVEC advises on work entitlements based on your specific visa history and bridging visa conditions.

Can my children be included in my partner visa application?

Yes. Dependent children can be included in a partner visa application as secondary applicants. They are subject to health and character requirements and must be declared at the time of application. Children who are not included at the time of application may be added later in some circumstances, but it is generally preferable to include all dependants at the outset.

What happens if we separate before the permanent visa is decided?

If the relationship ends before the permanent partner visa is decided, the application for the permanent stage will generally be refused — unless the breakdown was caused by family violence, or there are dependent children from the relationship. OVEC can advise on the options available if your relationship circumstances change during the processing period.

How long does it take to get a partner visa?

Processing times vary. The temporary stage typically takes a shorter period to decide than the permanent stage. The permanent stage can take several years. OVEC advises clients based on current Departmental processing benchmarks and updates clients as their application progresses.

How OVEC Can Help

As registered migration agents (MARN 1170438), OVEC provides professional partner visa advice and assistance in Canberra and to clients nationally and internationally. Our services include eligibility assessment, relationship evidence strategy, document review and compilation, sponsorship application, visa lodgement, Department communication management, and advice on complex situations including long-distance relationships, previous visa refusals, and separation during processing.

Contact OVEC

Contact OVEC today to discuss your partner visa application.

📞 0430 586 030
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OVEC — Oz Visa & Education Consultants. Registered Migration Agent MARN 1170438. General information only — not legal advice. Migration law changes frequently; always seek current professional advice before lodging any application.