How to apply for a Partner visa (subclass 820/801 or 309/100) in Australia
In Australia, a Partner visa is a two-stage application — temporary then permanent — under the Migration Act 1958 (Cth). Onshore applicants apply for subclass 820 (temporary) and 801 (permanent); offshore applicants apply for subclass 309 (temporary) and 100 (permanent). You apply online via ImmiAccount.
The framework
Partner visas are governed by Schedule 2 of the Migration Regulations 1994 (Cth), under the framework of the Migration Act 1958 (Cth). De facto relationships are defined in section 5CB of the Migration Act.
The process
Confirm sponsor eligibility
The sponsor must be an Australian citizen, permanent resident, or eligible NZ citizen. Sponsors with certain criminal histories or who have sponsored partners in the past are subject to limitation rules under regulation 1.20J.
Confirm relationship eligibility
For married couples, the marriage must be valid under Australian law. For de facto partners, you generally need to show the relationship has existed for at least 12 months unless registered under state law or other exemptions apply.
Decide onshore or offshore
Onshore applicants (in Australia with a valid visa) apply for 820/801. Offshore applicants apply for 309/100. The choice affects bridging visa eligibility, work rights, and processing times.
Gather relationship evidence
Provide evidence under the four pillars in regulation 1.15A: financial, social, household, and commitment. Include joint bank accounts, leases, photos, statements from family/friends, and travel together.
Prepare identity and character documents
Provide passport, birth certificate, national identity documents, and police clearances from every country you have lived in for 12 months or more in the past 10 years.
Health examination
Complete the required health examination through a Bupa Medical Visa Services panel doctor. Health requirements arise from Public Interest Criterion 4005.
Sponsor application
The sponsor lodges a separate sponsorship application through ImmiAccount. The sponsor must agree to provide reasonable support and accommodation for 2 years from grant.
Lodge the visa application
Lodge the visa application online via ImmiAccount and pay the visa application charge (one of the highest in the Australian visa system). Onshore lodgement triggers a Bridging visa A.
Decision on the temporary visa
The Department of Home Affairs assesses the temporary visa (820 or 309). If granted, you can live in Australia and the permanent visa is assessed approximately 2 years after lodgement (sooner in long-term relationships).
Permanent visa stage
About 2 years after lodgement, the Department reassesses the relationship for the permanent visa (801 or 100). You provide updated evidence the relationship is genuine and continuing.
Common mistakes
- Insufficient relationship evidence across the four pillars
- Not registering a de facto relationship where 12 months not yet met
- Missing health or character requirements
- Sponsor not lodging the sponsorship form
- Letting the temporary visa lapse before applying for permanent
Get this process right with Quillio
Quillio can help compile and structure your relationship evidence under the four pillars, draft statutory declarations, and prepare ART review submissions if refused. See /practice-areas/migration-law or start a free trial.
This guide is general information, not legal advice. Partner visa applications are complex and consequential. Engage a registered migration agent or immigration lawyer.
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