The partner visa
Legal help: An Australian migration lawyer with Australian Migration Lawyers can check your relationship evidence, sponsor eligibility and onshore status before you lodge or reply. A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, separate from the Home Affairs visa application charge.
These pathways are described on Home Affairs’ Partner visa and Prospective Marriage visa pages. The Migration Regulations 1994 set the standard base charges: $11,710 is not the total cost of the 300-to-820/801 pathway, because another charge applies after marriage. Concessions and lower charges for eligible current or former 300 holders also exist.
Subclass chooser
Use this static guide to identify a starting pathway, not to confirm eligibility.
- Where will the applicant be when the application is lodged? In Australia / Outside Australia.
- Your relationship: Married / De facto: 12 months together, or a registered relationship / Engaged and intending to marry.
| Your answers | Starting pathway |
|---|---|
| In Australia + married or de facto | Subclass 820, then 801 (onshore). Check first: do you still hold a substantive visa, and does your visa carry condition 8503? |
| Outside Australia + married or de facto | Subclass 309, then 100 (offshore). |
| Outside Australia + engaged | Subclass 300 (Prospective Marriage), then 820/801 in Australia after the wedding. |
| In Australia + engaged | The 300 must be applied for from outside Australia; once married, or de facto for 12 months, an 820/801 can be lodged in Australia, subject to other application rules. |
| De facto under 12 months and not registered | The 12-month rule applies unless the relationship is registered or there are compelling and compassionate circumstances; certain humanitarian exceptions also exist. |
The Migration Regulations 1994 set these location and relationship rules, including item 1215(3)(b) for the 300.
For each result, continue to Which partner visa fits.
Partner visa facts
| Label | Snapshot |
|---|---|
| Government charge | $11,710 standard base from 1 July 2026 for 820/801, 309/100 or 300, under the Migration Regulations 1994 |
| Half decided within | 22 months (820), 21 months (309), 14 months (300); Home Affairs Global visa processing times, pulled 3 October 2026 |
| Granted in 2024–25 | 93.9% of partner decisions, withdrawals excluded; Home Affairs Report on the Migration Program 2024–25 |
| Sponsor | Australian citizen, permanent resident or eligible New Zealand citizen, generally 18 or over; Migration Regulations 1994 |
| Permanent stage | Normally assessed from two years after the combined application, not automatically granted; Home Affairs permanent Partner visa guidance |
What is a partner visa in Australia?
A partner visa is a pathway based on your relationship with an eligible Australian partner. Under sections 5F and 12 of the Migration Act 1958, a spouse must have a valid marriage, mutual commitment to a shared life excluding all others, a genuine and continuing relationship, and live together or not permanently apart.
Section 5CB of the Migration Act 1958 applies similar tests to de facto partners, without marriage: they must not be related by family and may be of the same or different sex. A prospective spouse intends to marry under clauses 300.111 and 300.211 of the Migration Regulations 1994.
The sponsor is generally your partner; regulation 1.03 of the Migration Regulations 1994 defines an eligible New Zealand citizen as a protected Special Category Visa holder.
For 820/801 and 309/100, you apply for the first-stage and permanent visas together with one charge under Schedule 1 of the Migration Regulations 1994. A partner included as a secondary applicant on someone’s skilled or student visa is not holding a partner visa.
Home Affairs groups the family as Partner visas (apply in Australia), subclasses 820 and 801, and Partner visas (apply overseas), subclasses 309 and 100, alongside the Prospective Marriage visa, subclass 300; 802 is not a partner subclass.
Which partner visa fits: 820/801, 309/100 or 300?
Your location when applying, not your nationality, identifies the usual pathway in the Home Affairs subclass pages.
| Where you are when you apply | Relationship | Subclass | Stages |
|---|---|---|---|
| In Australia | Married or de facto | 820 visa, then 801 visa | Temporary from grant; permanent stage normally assessed from two years after applying |
| Outside Australia | Married or de facto | 309 visa, then subclass 100 visa | Provisional from grant; permanent stage normally assessed from two years after applying |
| Outside Australia | Engaged | subclass 300 | Visa period ends 9 to 15 months after grant; marry within that period, then apply for 820/801 in Australia |
Under regulation 1.03 and clauses 801.221(6A) and 100.221(5) of the Migration Regulations 1994, three years together at application—or two with a dependent child of both, not a stepchild—can allow the permanent visa to follow the first-stage visa straight away.
Partner visa requirements
For the married or de facto routes, check these eight applicant requirements:
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Relationship: regulations 1.09A and 1.15A of the Migration Regulations 1994 require consideration of financial aspects, the household, social aspects and commitment when assessing a genuine and continuing relationship.
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De facto duration: regulation 2.03A normally requires the relationship to have existed for the 12 months immediately before applying. Registration or compelling and compassionate circumstances can displace that rule. The Acts Interpretation (Registered Relationships) Regulations 2019 prescribe laws in NSW, Victoria, Queensland, SA, Tasmania and the ACT—not WA or the NT. See Australia de facto visa.
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Approved sponsorship: the Migration Regulations 1994 require eligible sponsorship approved and in force at decision. Read partner visa sponsor requirements.
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Age: regulation 2.03A and the subclass clauses impose age rules, summarised below.
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Application location: Schedule 1 of the Migration Regulations 1994 requires Australia for the 820 and outside Australia for the 309 and 300.
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Health: Schedule 4 PIC 4007 applies, with a waiver possible for specified health-cost or service-access issues.
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Character: PIC 4001 applies; Home Affairs’ subclass pages require police certificates and Form 80.
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Integrity: PIC 4020 addresses bogus documents, materially false or misleading information and identity, including three-year and ten-year refusal look-back periods.
Schedule 4 also includes the Australian Values Statement for adults (PIC 4019), Commonwealth debts (4004) and a valid passport requirement, subject to its exception (4021).
Spouse, marriage and wife visa: the married-partner route
“Spouse visa”, “marriage visa” and “wife visa” commonly mean a partner visa applied for as a spouse. The legal word is spouse: section 5F of the Migration Act 1958 applies the same relationship criteria to a husband or wife, while section 12 applies marriage-validity provisions from Part VA of the Marriage Act 1961.
Married couples do not face the de facto 12-month rule in regulation 2.03A. Marriage alone does not establish a genuine and continuing relationship. Engaged couples commonly use the 300 pathway described on Home Affairs’ Prospective Marriage visa page, explaining why “marriage visa” can refer to either route.
How to apply: forms, ImmiAccount and the order of steps
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Firstly, confirm the subclass and lodgement rules. For an 820, check substantive visa status, condition 8503 and section 48 of the Migration Act 1958. Having no substantive visa does not automatically prevent lodgement: clause 820.211(2)(d) applies Schedule 3 unless compelling reasons justify not applying it. Section 48 cases have additional requirements.
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Secondly, gather documents. Use the checklist for spouse visa Australia to organise identity and family documents. Arrange partner visa evidence around the four aspects in regulations 1.09A and 1.15A. For Australian certificates, Home Affairs’ Character requirements accept only an AFP National Police Check, Code 33; see police check for partner visa Australia. The subclass pages require applicable overseas certificates from age 16; police certificates and health results are valid for 12 months.
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Thirdly, lodge and pay. Home Affairs’ subclass pages direct applicants to apply online; 820/801 and 309/100 are combined applications, whereas the 300 is separate.
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Fourthly, lodge sponsorship. Home Affairs directs the sponsor to use the applicant’s transaction reference number or application ID in the online sponsorship application.
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Fifthly, respond and update evidence. Read every section 56 request or section 57 letter. Under section 58 and regulation 2.15, written invitations for applicants in Australia generally allow 28 days; interview or phone invitations allow seven. Detention and offshore rules differ—follow the specified deadline.
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Sixthly, provide permanent-stage evidence. Home Affairs’ permanent Partner visa guidance says to submit Stage 2 documents from two years after the combined application, unless an earlier-grant exception applies. Permanent residence is not automatic.
Lodging in ImmiAccount
Home Affairs’ Partner visa guidance uses ImmiAccount for applications, attachments—up to 100 per person—and later evidence. Contact and passport changes use its online update options; keep those separate from changes affecting eligibility.
Which forms a partner visa uses
The Migration (IMMI 18/103: Arrangements for Partner and Prospective Marriage Visa Applications) Instrument 2018 names 47SP (Internet) as the approved application form. Paper 47SP requires written Department authorisation; it is not a general downloadable alternative.
| Form | Who completes or signs it | Stage or purpose |
|---|---|---|
| Form 47SP (Internet) | Applicant | Online visa application |
| Sponsorship for a Partner to Migrate to Australia | Sponsor | Current online sponsorship form named by Home Affairs |
| Form 40SP / 40SP (Internet) | Sponsor | Specifically named by IMMI 18/103 for an onshore section 48 application |
| Form 80 partner visa | Applicant | Personal particulars and character information; attach at first stage as directed |
| Form 888 Australia | Supporting witness | Relationship statement; two requested at permanent stage |
| Form 956 (appointing a lawyer to act for you) | Lawyer completes; client signs | Appointment; one per matter |
| Form 956A | Person making the appointment | Authorised recipient for correspondence only |
| Form 1022 | Applicant | Changes in circumstances while pending |
| Form 1436 | Applicant/parent | Add dependent child before 820 decision |
| Form 1002 | Child applicant/parent | Join 801 application after subclass 445 |
| Form 1229 | Non-migrating parent | Consent for a child applicant |
Home Affairs’ Form 888 requires witnesses aged 18 or over who know the couple and relationship; not every witness must be a citizen or permanent resident. The 820 page expressly says Form 888 does not satisfy section 48 statutory-declaration requirements. Neither paper 40SP nor paper 47SP is publicly available as a current downloadable partner form.
English language and the partner visa
No—you do not need IELTS or another English test for these visas. On 3 October 2026, Schedules 1 and 2 of the Migration Regulations 1994 contain no English criterion or English-based second instalment for 820/801, 309/100 or 300.
The October 2020 Budget proposed requirements for applicants and permanent-resident sponsors, but these were never made law. Home Affairs’ 820 and 309 pages say eligible holders may attend free Adult Migrant English Program classes; that benefit is not an eligibility test.
Age, family members and living apart
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Age: regulation 2.03A requires de facto applicants and partners to be 18 or over. Home Affairs says married applicants must be 18 in most cases; the subclass clauses provide for a parent or guardian to sponsor where the spouse is under 18. A 300 applicant and sponsor must both be 18 or over.
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Family members: Home Affairs’ 820 and 801 pages allow dependent children at lodgement or before the first-stage decision; use Form 1436 for an onshore addition. After an 820 grant, a child first obtains a 445, then joins the 801 through Form 1002. Nobody can be added after the 801 grant. The Migration Regulations require applicable health and character checks even for some non-migrating family members; a child needs parental consent or a court order.
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Living apart: sections 5F and 5CB of the Migration Act 1958 require “living together or not permanently apart”. Temporary separation does not itself end eligibility, but evidence must demonstrate the continuing relationship.
Your status while the application is processed
Onshore: Home Affairs’ 820 guidance provides for a Bridging visa A where a substantive visa was held at lodgement; it takes effect when that visa ends. Home Affairs’ Bridging visa E guidance covers unlawful applicants and existing BVE/BVD holders; a BVE ends on departure.
A BVA does not permit return travel. Home Affairs’ Bridging visa B guidance provides a travel-and-return option, with a standard $575 charge under Schedule 1 of the Migration Regulations 1994. Check the full partner visa bridging visa rules before travelling.
Offshore: applying for a 309 or 300 does not provide a bridging visa. Applicants must be outside Australia at lodgement, but the Migration Regulations allow a 309 to be granted in or outside Australia since 25 November 2023, and a 300 since 1 July 2024.
Partner visa cost and processing time
$11,710 is the standard main-applicant charge from 1 July 2026. The Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026 set additional charges of $5,860 per extra adult and $2,935 per child. Home Affairs’ 820 page says the charge is not refunded on refusal. Check concessions and 300-holder rates in spouse visa Australia cost.
Home Affairs’ Global visa processing times, pulled 3 October 2026, show half of 820 applications decided within 22 months, 309s within 21 months and 300s within 14 months. These are recently decided applications, not promised deadlines.
Ministerial Direction No. 117 gives onshore partner applications priority from 25 July 2026. See processing time spouse visa Australia for permanent-stage timing and the processing order.
Telling the Department about changes (s 104)
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Changed circumstances affecting an answer: Home Affairs’ Form 1022 implements section 104 notification. Use Form 1023 to correct an answer that was wrong.
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New contact or passport details: Home Affairs’ Change in situation guidance directs you to ImmiAccount or the online contact/passport update forms.
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Relationship ended: Home Affairs’ Partner visa guidance directs you to the Notification of Relationship Cessation form in ImmiAccount.
Under sections 107–109 of the Migration Act 1958, incorrect information or failure to notify can lead to cancellation following a section 107 notice.
Partner visa changes
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25 July 2026: Ministerial Direction No. 117 introduced the onshore-first processing order.
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1 July 2026: the Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026 raised the standard base charge to $11,710.
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1 July 2024: the Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 extended pathways for current and certain former 300 holders, including where they had not married.
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Not law on 3 October 2026: the proposed visitor-visa onshore application bar does not appear in Schedule 1 of the Migration Regulations 1994.
Follow partner visa changes for the distinction between legislation and proposals.
Frequently asked questions
What are the new rules of partner visa in Australia?
The 2026 charge amendment sets the standard $11,710 charge; Direction 117 prioritises onshore applications. The proposed visitor-visa bar is not law on 3 October 2026.
How long do you have to be in a relationship for a partner visa?
Regulation 2.03A normally requires 12 months for de facto couples, with exceptions including registration or compelling and compassionate circumstances. Section 5F requires a genuine and continuing marriage, not a minimum married period.
How long does it take to get a partner visa in Australia?
Home Affairs’ figures pulled 3 October 2026 show half of 820s decided within 22 months and 309s within 21. Permanent-stage eligibility normally starts two years after applying.
How much does a partner visa cost in Australia?
The Migration Regulations 1994 set standard charges of $11,710 for the main applicant, $5,860 per additional adult and $2,935 per child from 1 July 2026.
Is it hard to get an Australian partner visa?
Home Affairs’ Report on the Migration Program 2024–25 records 93.9% grants and 6.1% refusals, excluding withdrawals. That overall rate is not your individual probability: relationship, lodgement and integrity criteria still apply.
Can I live in Australia if I marry an Australian?
Marriage alone gives no visa; you must apply and meet the partner criteria. Home Affairs’ No Further Stay waiver guidance says marrying an Australian is not a reason to waive condition 8503.
When a partner visa needs a lawyer
Legal assessment is particularly useful where the application involves:
- no substantive visa, condition 8503 or a refusal during this stay—Schedule 3, waiver and section 48 rules;
- previous sponsorships or having been sponsored—regulation 1.20J;
- character, health or earlier false-information issues—PICs 4001, 4007 and 4020;
- family violence or a relationship that has ended—relationship-cessation provisions in the Migration Regulations 1994.
After a reviewable refusal, section 347 of the Migration Act 1958 generally allows 28 days after notification to seek Administrative Review Tribunal review, or 14 days if detained. Check the notice immediately.
Read do you need a lawyer for a partner visa or read about a partner visa consultation; the shared enquiry form sends private questions to Australian Migration Lawyers. A partner visa lawyer can check eligibility, document consistency, missing evidence and deadlines before lodgement.
Ask an Australian migration lawyer to check the relationship test, sponsor eligibility, onshore status, condition 8503, section 48 and PIC 4020 against the couple’s own documents before lodgement.