Date: 09 July 2026
Applying for a partner visa can feel overwhelming, especially if you are unsure whether you should apply onshore, offshore, as a married couple, as a de facto couple, or through a prospective marriage pathway.
This guide explains the main Australian partner visa options, the general partner visa requirements, the difference between married and de facto relationships, the four pillars of relationship evidence, relationship registration, sponsor requirements and common mistakes to avoid.
An Australian partner visa allows the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia. Depending on your relationship and location, you may be looking at an onshore Partner Visa Subclass 820/801, an offshore Partner Visa Subclass 309/100, or a Prospective Marriage Visa Subclass 300.
The Department of Home Affairs provides information about the different partner visa options on its official About Partner Visas page.
In most cases (except for Prospective Marriage Visa), the partner visa process has two stages:
For example, an applicant applying in Australia may apply for the Partner Visa Subclass 820 and 801. The Subclass 820 is the temporary visa, while the Subclass 801 is the permanent visa.
An applicant applying outside Australia may apply for the Partner Visa Subclass 309 and 100. The Subclass 309 is the provisional visa, while the Subclass 100 is the permanent visa.
If you are engaged and planning to marry, the Subclass 300 Prospective Marriage Visa may be more suitable.
| Your situation | Possible pathway |
|---|---|
| You are in Australia and married to your Australian partner | Subclass 820/801 Partner Visa |
| You are in Australia and in a de facto relationship with your Australian partner | Subclass 820/801 Partner Visa |
| You are outside Australia and married to your Australian partner | Subclass 309/100 Partner Visa |
| You are outside Australia and in a de facto relationship with your Australian partner | Subclass 309/100 Partner Visa |
| You are engaged and planning to marry | Subclass 300 Prospective Marriage Visa |
| Your relationship has ended after lodging | Read about relationship breakdown and partner visas |
| You need to add a dependent child later | The Subclass 445 Dependent Child Visa may be relevant |
The correct pathway depends on your relationship status, current location, visa conditions, sponsor eligibility, relationship evidence and long-term migration plans.
Although each subclass has its own criteria, most partner visa applications require the applicant and sponsor to show that:
The sponsor is usually the Australian partner.
To sponsor a partner visa applicant, the sponsor generally needs to be:
Sponsorship limitations may apply if the sponsor has previously sponsored another partner, has previously been sponsored as a partner, or has certain background issues. You can read more about partner visa sponsor eligibility through AustMSS Partner Visa services.
You can check the Department’s official pages for Subclass 820/801, Subclass 309/100, and Subclass 300 before lodging. For a simplified overview, you can also read the AustMSS page on Australian Partner Visas.
A common question about partner visa Australia 2026 is whether it is better to apply as a married couple or a de facto couple.
The answer depends on your relationship and the evidence you have. AustMSS has a helpful article on this topic: Do you need to be married for an Australian Partner Visa?
If you apply as a married couple, you will generally need to show that:
A marriage certificate is important, but it is not enough by itself.
The Department can still assess the overall relationship. This means you should also provide evidence of your shared finances, household, social life and commitment to each other.
For example, a couple may be legally married but still need to show evidence such as joint bills, shared addresses, travel together, family recognition, photographs, Form 888 statements and personal relationship statements.
If you apply as a de facto couple, you are not legally married, but you must still show that your relationship meets the legal test.
A de facto partner visa application usually needs to show that:
For de facto partner visa applicants, the 12-month relationship requirement is often one of the most misunderstood areas.
For many de facto partner visa applications, the couple must show that the de facto relationship existed for at least 12 months before the visa application was lodged.
This does not simply mean that you have been dating for 12 months.
The Department may look at whether the relationship has operated like a genuine de facto relationship. This can include living arrangements, financial sharing, public recognition of the relationship, long-term commitment and how the relationship continued during any periods of separation.
You can read more about living arrangements in this AustMSS article: Living Together Requirement for Partner Visa Australia.
Relationship registration may help some de facto couples.
In certain cases, registering your relationship with an Australian state or territory authority may remove the need to prove that the de facto relationship existed for at least 12 months before lodging the partner visa application.
However, relationship registration does not guarantee a partner visa grant.
You still need to show that your relationship is genuine and continuing. The Department can still assess your relationship through the four key areas of evidence.
Relationship registration rules differ between states and territories. Before relying on relationship registration, you should check whether:
For more guidance on evidence, read the AustMSS article on the Four Pillars of Relationship Evidence for an Australian Partner Visa.
For more guidance on evidence, read the AustMSS article on the Four Pillars of Relationship Evidence for an Australian Partner Visa.
A strong partner visa Australia 2026 application should provide evidence across the four main areas of the relationship. These are often called the four pillars of partner visa evidence.
You can read more here: Four Pillars of Relationship Evidence for an Australian Partner Visa.
This looks at how you and your partner share money, expenses, assets and financial responsibilities.
Examples may include:
You do not need to have every possible financial document. The goal is to show how you manage your financial life as a couple.
This looks at how you live together and share domestic responsibilities.
Examples may include:
If you have lived apart, you should explain why and show how the relationship continued during that time.
The AustMSS guide on living together for a partner visa may be useful for couples who have had periods of separation.
This looks at whether your relationship is known and recognised by other people.
Examples may include:
Social evidence should support the timeline of your relationship. It should not look staged or inconsistent.
This looks at the long-term nature of your relationship and your commitment to each other.
Examples may include:
This part is very important. Your relationship statement should clearly explain how you met, how the relationship developed, when you committed to each other, how you support each other and what your future plans are.
Form 888 is a statutory declaration usually completed by eligible friends or family members who can comment on your relationship.
It can help show the social aspects of the relationship, especially if the person has known both partners and can explain:
Form 888 should be consistent with the rest of the application. A weak or generic Form 888 may not add much value.
You can check the Department’s Partner Visa FAQs and the relevant visa document checklist in ImmiAccount for the most up-to-date document requirements.
Many applicants apply for a partner visa while holding another visa in Australia.
This may include:
However, your current visa conditions matter.
For example, if your visa has a “No Further Stay” condition, such as condition 8503, you may be prevented from applying for most further visas in Australia unless the condition is waived. Similarly, your current visa does not expire or get overridden upon application. You will still need to follow the conditions of your current visa, until it expires.
Before lodging an onshore partner visa, check your current visa through VEVO and consider getting advice from a registered migration professional.
In some cases, dependent children can be included in a partner visa application. If a child needs to be added after the temporary partner visa is granted, the Subclass 445 Dependent Child Visa may be relevant.
This can be important where:
For Subclass 820/801 and Subclass 309/100 applications, the first stage is temporary or provisional and the second stage is permanent.
The Department states that if you hold a temporary Partner visa, usually Subclass 309 or Subclass 820, two years must have passed since you first applied before you are eligible for assessment of the permanent partner visa stage.
For the permanent stage, the Department may ask for updated evidence showing that the relationship is still ongoing.
This may include:
For official information, check the Department pages for Subclass 801 and Subclass 100.
If the relationship ends before the partner visa is finalised, you should seek advice before withdrawing the application or responding to the Department.
There may be circumstances where a partner visa application can continue even after the relationship has ended, including where:
The Department provides information on what to do if your relationship has changed.
AustMSS also has a dedicated page on Relationship Breakdown and Partner Visas.
If there is family violence, safety comes first. In an emergency, call 000.
A partner visa application is not just about proving that two people are in love. It is about showing that the relationship meets the legal requirements for the visa pathway being applied for.
Whether you are applying as a married couple, de facto couple or prospective spouse, your application should be well-prepared, consistent and supported by strong evidence.
The best partner visa pathway will depend on where the applicant is, the nature of the relationship, the sponsor’s eligibility, current visa conditions, relationship evidence and future plans.
If you are unsure whether to apply for Subclass 820/801, Subclass 309/100 or Subclass 300, speak with a registered migration professional before lodging.
For personalised advice, contact AustMSS.
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Caroline Springs VIC 3023
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Caroline Springs VIC 3023