Onshore Partner Visa

Partner Visas are processed in two stages

Provisional Partner Visa

The provisional partner and spouse visas (Subclass 820) are granted for an indefinite period (until superseded by the permanent partner/spouse visa) and are conditional that the relationship of the applicants meets the criteria of the permanent visa.

Permanent Partner Visa

After the two year waiting period of the Provisional Partner Visa, the Department of Immigration will assess applicants against the Permanent Partner Visa criteria.

Applicants must be able to prove they are still in a relationship with their partner or spouse.

Once approved, the Permanent De Facto Partner or Spouse Visa is unconditional and the visa holder may live in Australia indefinitely whether or not the relationship continues.

Not had a visa cancelled or an application refused

You may not be eligible to apply for this visa if you do not hold a substantive visa and have had a visa cancelled or refused. For more details, see “Limitations on Applications in Australia.”

If you do not hold a substantive visa but are eligible to apply for this visa, you must:

1. Include a completed ‘Sponsorship for a Partner to Migrate to Australia’ online form from your sponsor. Your sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen. They can submit the form through your ImmiAccount or their own ImmiAccount using your Transaction Reference Number (TRN) or Application ID.

2. Provide evidence to verify your sponsor’s status (such as a passport or birth certificate). Note that a driver’s licence or Medicare card is insufficient.

3. Include at least two statutory declarations, each made within the last six weeks, from an Australian citizen, Australian permanent resident, or eligible New Zealand citizen confirming your married or de facto relationship. The Commonwealth Statutory Declaration form is available from the Attorney-General’s Department.

4. Provide evidence that the declarants are Australian citizens, permanent residents, or eligible New Zealand citizens (for example, passport or birth certificate). Again, a driver’s licence or Medicare card will not suffice.

If this information is not included with your application, it may be considered invalid.

Note: If you do not hold a substantive visa at the time of your application, you will need to meet additional criteria to be granted this visa.

Not hold certain regional visas 

You may not be eligible to apply if you hold certain regional visas.

Be in Australia when you apply

Eligible applicants must submit their visa application while in Australia, and any family members applying with you must also be in Australia.

You can apply for this visa if your current or previous visa does not include a condition that prohibits further stay, such as condition 8503. In some cases, you may be able to request a waiver for the no further stay condition, but it must be approved before you can apply for this visa. For more information, see “No Further Stay Waiver.”

It’s important to understand your visa status before applying. Use VEVO to check your visa details and conditions.

Have a sponsor

You and any family members applying for the visa with you must have a sponsor at the time you submit your application and while you hold this visa.

Typically, your sponsor will be your partner.

We must approve your sponsor.

You cannot change your sponsor once your application is submitted. The person who sponsors you when you apply must remain your sponsor for two years after your temporary Partner visa (subclass 820) is granted.

Propspective marriage visa holders and former holders

You may still be eligible for the temporary and permanent visa if your relationship ends or if your partner passes away. All information you provide is confidential. For more details, see “Your Relationship Has Changed.”

You must be in Australia to apply for the Partner visa (subclasses 820 and 801).

If you are experiencing domestic or family violence, you may still qualify for the grant of your temporary and permanent visa. For more information, see “Family Violence Provisions.”

Be the right age

Married applicants must generally be 18 years or older at the time of application, as Australian law typically requires individuals to be at least 18 to marry.

Applicants in de facto relationships must also be 18 years or older when they apply.

Hold a substantive visa

If you do not hold a substantive visa at the time of your application and have not previously held a Prospective Marriage (subclass 300) visa, you must provide compelling reasons for the grant of a Partner visa.

It’s important to be aware of your visa status before applying. You can use VEVO to check your visa details and conditions.

Meet the relationship requirements

You must be the spouse or de facto partner of an:

• Australian citizen
• Australian permanent resident, or
• eligible New Zealand citizen.

This requirement applies both at the time of your application and while your application is being processed.

Your relationship can be with someone of the same or different sex.

If you are experiencing domestic or family violence, we may be able to assist you. You can apply for consideration for both your temporary and permanent visa. For more information, see “Domestic and Family Violence and Your Visa.”

For further details, see “Changes in Your Situation.”

Married Applicants
You qualify as a married applicant if your marriage is valid under Australian law and:

• You have a mutual commitment with your spouse, excluding all others.
• Your relationship is genuine and ongoing.
• You either live together or do not live permanently apart.
• You are not related by family.

To confirm if your marriage is valid under Australian law, please contact the relevant state or territory agency for births, deaths, and marriages.

De Facto Partners
To qualify as a de facto partner, you must be in a de facto relationship.

You and your partner are considered to be in a de facto relationship if:

• You are not married to each other.
• You have a mutual commitment to each other, excluding all others.
• Your relationship is genuine and ongoing.
• You live together or do not live permanently apart.
• You are not related by family.

Typically, you must have been in a de facto relationship for at least 12 months immediately before applying for this visa. Time spent dating or in an online relationship may not count toward this requirement.

The 12-month requirement may be waived if you can demonstrate compelling and compassionate circumstances for being granted the temporary Partner visa (subclass 820).

The requirement may also not apply if:

• Your partner holds or has held a permanent humanitarian visa.
• Your de facto relationship existed prior to the grant of their visa.
• Your de facto partner informed us of the relationship before their visa was granted.

Additionally, the 12-month requirement will not apply if:

• You are in a de facto relationship with a partner who is applying for a permanent humanitarian visa.
• You have registered your relationship with an Australian authority, such as a registry of births, deaths, and marriages.

Health requirement

You, any family members, and dependent children applying for the visa with you must meet our health requirements. Additionally, family members who are not accompanying you to Australia may also need to fulfill these health requirements.

Character requirement

You and any family members applying for the visa with you must meet our character requirements. Family members who are not accompanying you to Australia may also need to satisfy these character requirements.

Have no debt to the Australian Government

If you or any family members owe money to the Australian government, you or they must have either repaid the debt or made arrangements to do so. This requirement also applies to family members who are not accompanying you to Australia.

How long will it take to get a decision on your visa?

801 – Partner (subclass 801):
50% of visas are processed within 8 months
90% of visas are processed within 26 months

​Processing time for subclass 801 Partner (permanent) visa and 100 Partner (permanent) visa is from date of eligibility (2 years after the 820/801 or 309/100 application is lodged) to finalisation.

309 – Partner (Provisional) (subclass 309):
50% of visas are processed within 14 months
90% of visas are processed within 24 months

Processing Times Updated 1 November 2025