Partner visas allow the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia. They are among the most common visas, and among the most frequently refused because of evidence problems.
Which partner visa?
- Onshore (subclass 820/801): lodged while the applicant is in Australia.
- Offshore (subclass 309/100): lodged while the applicant is outside Australia.
- Prospective Marriage (subclass 300): for couples who intend to marry in Australia.
The 820/801 and 309/100 visas are applied for together, but granted in two stages. The temporary visa is assessed first. The permanent visa is usually assessed around two years after the application was lodged, when the Department checks that the relationship is continuing.
Proving a genuine relationship
The Department considers four areas of the relationship:
- Financial aspects: joint bank accounts, shared bills, joint assets or loans, and how you share expenses.
- Nature of the household: living together, shared lease or mortgage, and how you divide household responsibilities.
- Social aspects: whether friends and family know you as a couple, travel together, joint invitations and statements from people who know you.
- Nature of the commitment: how long you have been together, your knowledge of each other, time spent apart and your plans for the future.
De facto relationships
De facto applicants generally need to show they have been in the relationship for at least 12 months before applying. This requirement may be waived if the relationship is registered under an Australian state or territory law, or in certain other circumstances.
Common pitfalls
- Information that is inconsistent between the applicant's and sponsor's statements, or with earlier visa applications.
- Relying on photos and messages alone, without financial and household evidence.
- Missing police certificates or health checks.
- Applying onshore without a substantive visa and not addressing the additional criteria that then apply.
- Not telling the Department about changes in circumstances, such as a new address or a change in the relationship.
If the relationship ends
If the relationship breaks down after you lodge, you may still be eligible in limited circumstances, including where family violence has occurred or where there is a child of the relationship. Get advice immediately.
How we can help
We assess your eligibility, give you a tailored evidence checklist, prepare relationship statements and submissions, and deal with the Department for you, so your application is complete and decision-ready from the start.
