Partner Visa

Australia • Immigration Consulting

Overview

The Partner visa (Subclass 820/801) is a two-stage visa that allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live and work in Australia. The Subclass 820 (temporary) is granted first, followed by the Subclass 801 (permanent) after a waiting period.

This visa is lodged as a combined application. The temporary Subclass 820 visa is typically granted first, allowing the applicant to remain in Australia with full work and study rights while the permanent stage is assessed. The permanent Subclass 801 is generally considered two years after the date of application, provided the relationship remains genuine and ongoing.

The Partner visa is one of the most common family visa pathways. It requires substantial evidence of a genuine and continuing relationship, including shared financial responsibilities, the nature of the household, social recognition and mutual commitment.

Who is this permit for?

This visa is for people in a genuine relationship, married or de facto, with an Australian citizen, permanent resident, or eligible New Zealand citizen, who want to live together in Australia long-term.

Common reasons for rejection

Application process

1. Relationship Assessment

We conduct a thorough review of your relationship history, duration and the evidence available across the four key relationship categories: financial aspects, nature of the household, social context and commitment.

2. Evidence Gathering

We guide you through compiling a comprehensive evidence package including joint financial documents, cohabitation evidence, statutory declarations from friends and family, photographs and communication records.

3. Sponsor Approval

Your Australian partner must be approved as a sponsor by the Department of Home Affairs. This involves a separate assessment of their eligibility and character.

4. Temporary Visa Application (Subclass 820)

The combined 820/801 application is lodged. Once the temporary visa is granted, you receive full work and study rights in Australia while the permanent stage is pending.

5. Waiting Period

A two-year waiting period applies from the date of application. During this time, the Department may request updated evidence to confirm the relationship remains genuine.

6. Permanent Visa Assessment (Subclass 801)

After the waiting period, the Department assesses whether the relationship is still genuine and continuing. Updated evidence and statutory declarations are typically required.

7. Permanent Visa Grant

Once the Department is satisfied that all requirements are met, the permanent Subclass 801 visa is granted, providing indefinite residence rights in Australia.

Key considerations

Costs

The Partner visa involves significant government fees, which are payable in two instalments corresponding to the temporary and permanent stages of the visa.

The second instalment of the visa application charge applies if the primary applicant did not hold a substantive visa at the time of application or did not meet the English language requirement. Government fees are subject to change.

Processing timeframes

Partner visa processing times are among the longest of all Australian visa categories. Timeframes vary depending on the completeness of the application, the quality of relationship evidence and the Department's processing priorities.

Job offer requirements

A job offer is not required for the Partner visa (Subclass 820/801). This visa is based entirely on the genuineness of the relationship with the sponsoring partner.

Once the temporary Subclass 820 visa is granted, the applicant has unrestricted work rights in Australia. There are no conditions requiring a specific employer or occupation.

While employment is not relevant to visa eligibility, New World Immigration can provide general guidance on settling in Australia, including information about the local job market through our recruitment division.

How to apply — step by step

1. Assess your relationship evidence

Before applying, honestly assess the strength of your relationship evidence across all four categories: financial aspects (joint accounts, shared bills), nature of the household (cohabitation, shared responsibilities), social context (recognition by friends, family and community) and commitment (knowledge of each other, future plans, duration).

2. Confirm your sponsor's eligibility

Your Australian partner must be an Australian citizen, permanent resident or eligible New Zealand citizen. Confirm they meet the sponsorship history requirements, they must not have previously sponsored two or more partners, or one partner within the past five years.

3. Sponsor applies for approval

Your Australian partner must lodge a sponsorship application with the Department of Home Affairs, demonstrating their residency status and character. Sponsorship approval can run concurrently with the visa application.

4. Compile relationship evidence

Gather comprehensive documentation, joint bank account statements, shared lease agreements, utility bills in both names, photographs together over time, communication records, statutory declarations from friends and family, and evidence of joint travel or financial commitments.

5. Complete health examinations and police clearances

Undergo health examinations with an approved panel physician. Obtain police clearances from every country where you have lived for 12 months or more in the past 10 years.

6. Lodge the combined 820/801 application

Submit the application through ImmiAccount while you are in Australia. Pay the government visa fee and include all relationship evidence, sponsor documentation, identity records and health and character results.

7. Maintain updated evidence for the 801 stage

Two years after lodgement, the Department will assess whether the relationship remains genuine. Proactively update your evidence package, new joint financial records, updated photographs, additional statutory declarations, so the permanent stage is well-supported.

Quick tips

Documents needed

Frequently asked questions

What evidence is needed to prove a genuine relationship?

The Department assesses four categories of evidence: financial aspects (joint accounts, shared expenses), nature of the household (cohabitation, shared responsibilities), social context (recognition by friends, family and community) and commitment (knowledge of each other, future plans, length of relationship). A combination of documentary evidence and statutory declarations is expected.

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

Yes. Once the temporary Subclass 820 visa is granted, you have full work and study rights in Australia with no restrictions on employer or occupation.

What happens if our relationship ends before the permanent visa is granted?

If the relationship breaks down, the application for the permanent Subclass 801 may be refused. However, if the relationship ended due to family violence or if there are children of the relationship who would suffer significant hardship, provisions may allow the permanent visa to still be granted.

Is there an age limit for the Partner visa?

There is no age limit for Partner visa applicants. However, sponsors must generally be 18 years or older.

Can same-sex couples apply for a Partner visa?

Yes. Same-sex married and de facto couples are treated equally under Australian immigration law and can apply for the Partner visa on the same basis as opposite-sex couples.

What is the difference between the 820/801 and the 309/100?

The Subclass 820/801 is for applicants who are in Australia at the time of application (onshore). The Subclass 309/100 is for applicants who are outside Australia (offshore). The eligibility criteria and evidence requirements are broadly similar.

Can I include children in the application?

Yes. Dependent children of the primary applicant can be included in the Partner visa application. Additional visa fees apply for each dependent.

How long do we need to have been together before we can apply?

Married couples can apply at any time after marriage. De facto couples must generally demonstrate a relationship of at least 12 months, unless the relationship is registered in an Australian state or territory or there are compelling and compassionate circumstances.

Get expert help

If you are in a genuine relationship with an Australian citizen or permanent resident and wish to explore the Partner visa pathway, the first step is to understand your eligibility and what evidence will be needed.

Our team will review your relationship circumstances, advise on the strength of your evidence and guide you through the application process from start to finish.