Partner Visa Australia

The appropriate Partner Visa depends largely on where you are when you apply and your relationship status.

• Subclass 820/801: generally for a spouse or de facto partner applying while in Australia.
• Subclass 309/100: generally for a spouse or de facto partner applying while outside Australia.
• Subclass 300: for eligible couples who are engaged and intend to marry after the visa is granted.

The Subclass 300 and 309 applications must be lodged while the applicant is outside Australia. The Subclass 820 application must be lodged while the applicant is in Australia.

No. You do not necessarily need to be married.

Australian Partner Visas are available to eligible married and de facto couples. If you are engaged but do not yet meet the requirements for a spouse or de facto Partner Visa, the Prospective Marriage Visa Subclass 300 may be another option.

Generally, applicants relying on a de facto relationship must show that the de facto relationship existed for at least 12 months immediately before the Partner Visa application.

There are exceptions to the 12-month requirement. For example, it may not apply where the relationship has been formally registered with an Australian State or Territory authority. Other exceptions can also apply depending on the circumstances.

Not necessarily.

A Partner Visa relationship generally needs to be genuine and continuing, with a mutual commitment to a shared life. Couples may spend periods apart because of work, study, family commitments, travel or other circumstances.

Living separately does not automatically prevent a Partner Visa application, but the reasons for the separation and the overall evidence of the relationship will be important.

Partner Visa applications generally need evidence showing that the relationship is genuine and continuing.

Relationship evidence is commonly considered across four main areas:

• Financial aspects – such as joint accounts, expenses, assets or financial responsibilities.
• Nature of the household – such as living arrangements and how household responsibilities are shared.
• Social aspects – such as travel, events, friends, family and activities together.
• Nature of your commitment – including the history of the relationship, communication, periods apart and plans for the future.

There is no single document that proves a relationship. The Department considers the evidence as a whole.

A Partner Visa sponsor will generally need to be the applicant’s:

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

The Department must also approve the sponsor. Sponsorship limitations and character requirements can apply, so being an Australian citizen or permanent resident does not automatically mean a person can sponsor a partner in every circumstance.