The 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 permanently. It is one of the most popular — and most complex — visa categories.
Which Partner Visa Subclass Do You Need?
There are two main pathways depending on where you are when you apply:
Onshore: Subclass 820/801 (Partner Visa)
If you are in Australia when you apply, you lodge a combined application for the Subclass 820 (temporary) and Subclass 801 (permanent) partner visa. You receive the temporary visa first and, after approximately two years, are assessed for the permanent visa.
Offshore: Subclass 309/100 (Partner Visa)
If you are outside Australia when you apply, you lodge a combined application for the Subclass 309 (temporary) and Subclass 100 (permanent) partner visa.
Key Requirements
To be eligible for a partner visa, you must demonstrate:
1. A Genuine and Continuing Relationship
The Department of Home Affairs will assess whether your relationship is genuine by examining four key areas:
- Financial aspects — joint bank accounts, shared expenses, financial interdependence
- Nature of the household — living arrangements, shared responsibilities
- Social aspects — recognition by family and friends, social activities together
- Commitment — duration of the relationship, future plans, knowledge of each other
2. Sponsorship
Your Australian partner must sponsor your application. The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
3. Health and Character Requirements
Both you and your sponsor must meet health and character requirements.
Evidence You Need to Prepare
| Evidence Category | Examples |
|---|---|
| Financial | Joint bank statements, shared lease/mortgage, joint bills |
| Household | Photos of shared home, evidence of shared responsibilities |
| Social | Statutory declarations from friends/family, photos together, travel records |
| Commitment | Communication records, future plans, relationship timeline |
Tip: Quality matters more than quantity. A well-organised application with strong, relevant evidence is far more effective than a large volume of weak evidence.
Processing Times
Current processing times vary significantly:
| Visa Subclass | Approximate Processing Time |
|---|---|
| Subclass 820 (temporary, onshore) | 15 – 29 months |
| Subclass 801 (permanent, onshore) | 18 – 30 months |
| Subclass 309 (temporary, offshore) | 18 – 33 months |
| Subclass 100 (permanent, offshore) | 18 – 30 months |
Note: These are approximate times and can vary. Priority processing may be available in certain circumstances.
Common Pitfalls to Avoid
De Facto Relationships
You do not need to be married to apply for a partner visa. De facto relationships are recognised, but you must demonstrate that you have been in a de facto relationship for at least 12 months before applying, unless:
- You have a child together, or
- Your relationship is registered with a state or territory authority
How I Can Help
Partner visa applications are complex and the stakes are high. I have helped hundreds of couples navigate this process successfully. I will review your situation, identify any risks, and help you prepare a strong application.
Book a consultation today from $97.
Need Expert Help with Your Visa Matter?
Nilesh Nandan has helped thousands of clients navigate complex immigration issues. Book a consultation to discuss your specific situation with one of Australia's most experienced immigration lawyers.
Questions & Answers
My partner and I have been in a long-distance relationship for 3 years. Can we apply for a partner visa?
Yes, long-distance relationships can qualify for a partner visa, but you will need to provide strong evidence that the relationship is genuine despite the distance — regular communication records, visits, future plans, and evidence of commitment. The key challenge is demonstrating that you have a genuine and continuing relationship.
Do I need to be living together to apply for a de facto partner visa?
You need to demonstrate that you have been in a de facto relationship for at least 12 months. While living together is strong evidence, it is not strictly required if you can demonstrate the relationship through other means. However, you will need to explain why you are not living together and provide alternative evidence.
Can my partner sponsor me if they have sponsored someone else before?
There are limitations on sponsorship. Generally, a person can only sponsor two partners in their lifetime, and there must be a five-year gap between sponsorships. There are some exceptions, and I would need to review your specific circumstances.
Ask a Question
Your question will be answered personally by Nilesh. Thoughts only — not legal advice.
Discussion
No comments yet. Be the first to share your thoughts.
Leave a Comment
Your comment will be reviewed before being published. This is a space for general discussion — not legal advice.