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Partner Visa News: Changes to Partner Visa Law, Charges and Processing

The latest partner visa change is Ministerial Direction 117, which from 25 July 2026 puts onshore 820/801 applications ahead of offshore ones, three and a half weeks after the visa charge rose to $11,710 on 1 July 2026.

Sequential legal change tabs on a timeline

Each entry below gives the date a change took effect, the instrument that made it and who it affects, so you can check whether it reaches an application already lodged. Proposals that are not law, such as the suggested bar on visitor visa holders applying for a partner visa in Australia, are listed separately, because on 3 October 2026 they change nothing.

Latest partner visa changes

Date in force Change Instrument Who it affects Article
25 July 2026 Onshore partner applications processed first. Ministerial Direction No. 117, under s 499, replacing Direction 102 Every partner and prospective marriage applicant
1 July 2026 Base charge $11,710, up 25%; Pacific and Timor-Leste rate $9,600. Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026 Applicants paying the charge from that date
1 July 2026 ART review fee $3,727. Migration Regulations 1994, regs 4.13–4.13B: indexation Applicants seeking review of a partner refusal
18 May 2026 “On the papers” reviews prescribed only for student refusals; partner reviews unchanged. Migration Act 1958, Div 4A, s 367C; reg 4.18(1) Partner review applicants: not affected
12 May 2026 2026–27 partner planning level announced: 41,500. Migration Program planning levels All partner applicants
14 March 2026 Arrival controls introduced; spouses and de facto partners of citizens and permanent visa holders excluded. Migration Act 1958, ss 84B–84E Offshore applicants and visa holders
22 January 2026 Character-test limb added on hate groups, hate crimes and hate speech. Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026; Migration Act s 501 Every partner applicant through PIC 4001
4 and 17 September 2025 Intervention instructions replace the “unique or exceptional” test with listed criteria. Ministerial Instructions, ss 351 and 501J Refused applicants after a tribunal decision
1 July 2025 Base charge $9,365. Migration Amendment (Visa Application Charges) Regulations 2025 Applicants from that date
14 October 2024 ART replaces the AAT. ART (Consequential and Transitional Provisions No. 1) Act 2024, Schedule 2 Anyone seeking review
1 July 2024 Eligible 300 holders can use family violence provisions without marrying; every 300 refusal reviewable on sponsor’s application; grant possible in Australia. Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 300 applicants and holders
25 November 2023 309 grant possible in Australia; applicant review right takes current form, following rights introduced on 4 April 2023. F2023L01544; F2023L00414 309 applicants

For today’s eligibility rules, see partner visa requirements.

1 July 2026: the charge rose to $11,710

$11,710 is the general base charge, previously $9,365. The Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026 set additional-applicant charges of $5,860 for adults and $2,935 for children under 18; the qualifying current-300-holder 820/801 base rate is $1,955.

A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, separate from the Home Affairs visa application charge.

The Regulations’ explanatory statement identifies a system-wide 25% Budget increase in most first-instalment charges, not ordinary CPI indexation; partner visas were not exempted. Qualifying Pacific and Timor-Leste applicants received only 2.6% CPI indexation, giving a $9,600 base rate. See the partner visa fee breakdown.

25 July 2026: Direction 117 puts onshore applications first

Direction 117 sets processing order, not a decision deadline. Signed on 24 July 2026 and commencing the next day, Ministerial Direction No. 117 revoked Direction 102 of 9 February 2023. Applications made in Australia for visas grantable here precede offshore applications; partners rank second within each group, after ministerial intervention cases.

Direction 117 does not bind the ART. Departing from its order requires compassionate circumstances and compelling reasons. For waiting-time figures, see spouse visa processing time.

2026–27: 41,500 partner places

41,500 partner places were announced on 12 May 2026, compared with 40,500 in each of the preceding two years. Home Affairs’ Migration Program planning levels set the Family program at 52,460 and the permanent program at 185,000.

The same page calls partner levels “indicative planning levels only”: the category is demand driven. Home Affairs’ 2024–25 Migration Program Report counts places at first-stage grant and records 96,839 first-stage applications on hand at 30 June 2025.

1 July 2024: Prospective Marriage visa holders and family violence

Eligible 300 holders need not marry to use the family violence or child provisions. The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 extended these 820/801 pathways to current and certain former holders, recognised violence between prospective spouses and applied to undecided applications.

The same Regulations made every 300 refusal reviewable on the sponsor’s application and allowed grant in or outside Australia. See the fiance visa guide.

Proposed changes that are not law yet

No partner-specific change to the Migration Act, Migration Regulations, charge or Direction was found between 23 September and 3 October 2026.

What are the new partner visa rules for Australia in 2026?

The 2026 Measures No. 1 Regulations raised the general charge to $11,710 on 1 July; Direction 117 has prioritised onshore applications since 25 July. The proposed visitor-visa bar is not law on 3 October 2026.

Will new immigration rules affect a spouse visa?

Yes, where they apply to partner visas: a spouse uses the partner pathway. Each instrument’s commencement and application provisions determine whether it reaches an existing application.

What is the current wait time for an Australian partner visa?

Home Affairs’ Global visa processing times, retrieved on 3 October 2026, show half of 820 applications decided within 22 months and half of 309 applications within 21 months. These are guides, not individual deadlines.

What a change means for your case

Start dates differ. Direction 117 governs applications still being processed, subject to its exceptions; the 2024 family violence Regulations applied to undecided applications. The visa-charge rate depends on when you applied, while the ART’s fee notice applies $3,727 to fees paid from 1 July 2026.

For legal help, see immigration lawyer partner visa. Ask an Australian migration lawyer to compare each instrument’s commencement and application provision with the dates in your file before relying on a legal change.