Every year, tens of thousands of couples apply to bring their partner to Australia, and every year, a significant number of those applications get refused or delayed because of avoidable mistakes. The partner visa requirements in Australia are detailed, specific, and unforgiving if you miss something.
This guide walks you through every requirement you need to meet, from sponsor eligibility to relationship evidence to health and character checks. Whether you’re applying onshore or offshore, married or de facto, you’ll know exactly what the Department of Home Affairs expects.
At One Planet Migration Law, our principal lawyer Tina Nematian and the team work with couples at every stage of the partner visa process.
Which Partner Visa Do You Need?
Onshore: Subclass 820/801
If you’re already in Australia on a valid visa, you apply for the Subclass 820 (temporary) partner visa. Once granted, it allows you to live and work in Australia while your application for the Subclass 801 (permanent) is assessed, usually about two years later.
You’re typically granted a Bridging Visa A when lodging. If your current visa has Condition 8503 (no further stay), you generally cannot lodge onshore without first getting that condition waived.
Offshore: Subclass 309/100
If you’re outside Australia when you apply, the pathway is Subclass 309 (provisional) followed by Subclass 100 (permanent). You must be outside Australia at the time of application and when a decision is made on the Subclass 309.
Read more in our partner visas guide.
Two-Stage Process
Both pathways follow the same two-stage structure. For long-standing relationships (3+ years married/de facto, or 2+ years with a dependent child), you may get the permanent visa granted at the same time as the temporary one.
Sponsor Requirements
Your sponsor is just as important as you are. Read our post on how to navigate sponsor requirements.
Basic Sponsor Eligibility
- Australian citizen
- Australian permanent resident
- Eligible New Zealand citizen
Sponsor must be at least 18. Must lodge Form 40SP.
Character Checks for Sponsors
Sponsors must pass a character assessment. Family violence or sexual offence convictions trigger close review. The new partner visa family violence regulations introduced in 2024 strengthened these protections.
Sponsorship Limits
- Lifetime limit of two sponsorships. Under Regulation 1.20J.
- Five-year waiting period between sponsorships.
Waivers available in compelling circumstances but granted sparingly.
Applicant Requirements
No age limit, no English language requirement, no skills requirement.
Health Requirements
Medical examination with a panel physician approved by the Department. See health requirements. Our post on providing accurate health information for partner visa applications covers details.
Character Requirements
Police clearance from every country lived in for 12+ months in the past 10 years. Character requirements under section 501 of the Migration Act 1958.
No Outstanding Debts to the Commonwealth
Repay or arrange repayment before visa grant.
Relationship Evidence: The Four Pillars
See our guide on how much evidence you really need for a spouse visa.
1. Financial Aspects
- Joint bank accounts or transfers between individual accounts
- Joint ownership or lease of property
- Shared bills and utilities in both names
- Joint loans, credit cards, insurance
- Naming each other as beneficiaries
2. Nature of the Household
- Joint lease or mortgage documents
- How you divide chores, cooking, shopping
- Shared responsibility for children or pets
- Mail addressed to both at same address
- Utility accounts showing both names
3. Social Aspects
- Statutory declarations from friends and family
- Photos at social events, holidays, family gatherings
- Joint invitations and event attendance
- Joint memberships
- Social media evidence
- Travel bookings and itineraries together
4. Nature of Commitment
- Relationship length and development
- Knowledge of each other’s family and background
- Shared future plans
- Wills or power of attorney naming each other
- Ongoing communication during periods apart
Case officers assess all four pillars together. Read our guide on how to organise and present evidence.
De Facto vs Married: Different Evidence Rules
Married Couples
Marriage certificate required (with certified English translation if needed). Same-sex marriages recognised overseas are accepted. Read our post on applying for a partner visa while still married overseas.
De Facto Couples
Must demonstrate at least 12 continuous months of cohabitation immediately before lodgement. Two exceptions:
- Registered relationship with Australian state or territory registry waives the 12-month rule
- Compelling and compassionate circumstances in rare cases
For non-standard relationships, see our guide on navigating the spouse visa journey when your relationship doesn’t fit the standard box.
Complete Document Checklist
For step-by-step lodgement guidance, see our post on lodging a spouse visa application.
Identity Documents
- Certified passport copies (both partners)
- Birth certificates
- National identity cards if applicable
- Change of name certificates if applicable
- Evidence of sponsor’s citizenship/PR status
Relationship Documents
- Marriage certificate with certified translation
- Relationship registration certificate (registered de facto)
- Statutory declarations from both partners
- Two witness statutory declarations (Form 888)
- Evidence across all four pillars
- Photographs with dates and descriptions
- Communication records during periods apart
Health and Character Documents
- Health examination results from approved panel physician
- Police clearance from every country lived in 12+ months in the past 10 years
- Australian Federal Police check if applicable
- Military service records if applicable
Sponsor Documents
- Sponsorship Form 40SP
- Proof of citizenship/PR/eligible NZ status
- Sponsor police clearances
- Sponsor statutory declaration
- Evidence of previous sponsorships if applicable
Other Supporting Documents
- Divorce or death certificates from previous relationships (both partners)
- Evidence of dependent children if included
- Custody or family court orders if applicable
- Certified translations for non-English documents
Common Mistakes That Delay Applications
- Weak evidence in one or more pillars
- Not explaining gaps
- Form errors and missing signatures
- Forgetting the sponsor’s police checks
- Lodging without a complete health examination
- Not addressing previous relationships properly
- Generic statutory declarations
- Ignoring the sponsorship application
See our post on common challenges couples face with a spouse visa.
Processing Times in 2026
- Subclass 820 (onshore temporary): Around 50% in 16 months, 90% in 24 months
- Subclass 309 (offshore temporary): Around 50% in 14 months, 90% in 26 months
- Subclass 801/100 (permanent stage): 6 to 18 months after eligibility
Always check the Department’s processing times tool for current estimates. See our partner visa processing times guide for delay-avoidance strategies.
How Much Does a Partner Visa Cost?
Government application charge: AUD $9,365 for the primary applicant (2025-26). Additional applicants: $4,685 for adults and $2,345 for children.
Additional costs:
- Health examinations: $300 to $500 per person
- Police clearances: varies by country (AFP check is around $56)
- NAATI translations: $50 to $150 per document
- Professional photographs if needed
- Legal fees if engaging a migration lawyer
Total cost typically $10,000 to $15,000. See our post on why choosing the right migration lawyer matters.
Frequently Asked Questions
Is there an age limit?
No. Both applicant and sponsor must be at least 18, no upper limit.
Do I need to speak English?
No English language requirement for partner visas.
Do I need specific skills or qualifications?
No skills assessment, no qualifications requirement, no points test.
Can same-sex couples apply?
Yes, as either married or de facto partners. Same evidence requirements apply.
What if my partner has sponsored someone before?
Maximum of two lifetime sponsorships with 5-year gap. Waivers available in compelling circumstances.
Can I work while my partner visa is being processed?
Yes on Subclass 820 onshore or Bridging Visa A. Offshore (309) applicants can work after arriving in Australia on the visa.
What if we haven’t lived together for 12 months?
Apply if relationship is registered with state/territory. Compelling circumstances waiver available but rare.
Can I apply if I’m still married to someone else?
Yes in certain circumstances. See our applying while still married overseas guide.
What if my application is refused?
Review rights at the Administrative Review Tribunal. Strict time limits apply. Read more about visa appeals.
Do I get Medicare?
Subclass 820 holders and BVA holders linked to partner applications are typically eligible. See our Medicare eligibility guide.
What happens after approval?
Temporary visa allows living, working, studying. Permanent stage assessed about two years after lodgement. See our preparing for life after spouse visa approval guide.
Can a partner visa lead to permanent residency and citizenship?
Yes, direct pathway to permanent residency in Australia, then citizenship after meeting residence requirements.
Getting Your Application Right the First Time
At One Planet Migration Law, Tina Nematian and the team guide couples through every stage of the spouse visa process. Get in touch with our team to book a consultation.
