1. Which Application Type — Onshore vs Offshore
The first decision in a partner visa application is whether to apply onshore (820/801) or offshore (309/100). The choice depends on where the applicant is physically located when they lodge the application — not where they would prefer to wait for the outcome.
| Application Type | Where Applicant Must Be at Lodgement | Temporary Visa Granted | Permanent Visa Granted |
|---|---|---|---|
| Onshore | In Australia at the time of lodgement | Subclass 820 (temporary) | Subclass 801 (permanent) |
| Offshore | Outside Australia at the time of lodgement | Subclass 309 (temporary) | Subclass 100 (permanent) |
Regardless of where you lodge, the process is essentially the same — two stages (temporary then permanent) from a single application, assessed by the same criteria. The key practical difference is that onshore applicants can remain in Australia on a bridging visa while waiting for the 820 grant, whereas offshore applicants must wait outside Australia until the 309 is granted before they can enter and reside in Australia.
Can the applicant travel after lodging?
Onshore applicants who lodge an 820 application are issued a Bridging Visa A (BVA) that allows them to remain lawfully in Australia. However, if they depart Australia while holding only a bridging visa, they cannot return until the temporary 820 is granted (unless they hold a Bridging Visa B — which requires a separate application before departure). Departing on a BVA without a Bridging Visa B can leave you stranded offshore. This is a common and serious mistake — get advice before travelling internationally after lodging an onshore partner visa.
2. Eligibility Criteria
The core eligibility requirements for the partner visa are:
| Requirement | Detail |
|---|---|
| Sponsor | The sponsor must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen who is ordinarily resident in Australia. |
| Relationship type | The applicant and sponsor must be spouses (legally married) or de facto partners. De facto partners must have been in a genuine de facto relationship for at least 12 months before the application, unless they are in a registered relationship or there are compelling reasons for the exception. |
| Genuine relationship | The relationship must be genuine and ongoing at the time of application and at the time of each stage of assessment. The Department assesses genuineness across four evidence categories (see section 3). |
| No previous sponsorships | Sponsors can typically only sponsor two partners in total over their lifetime (with a 5-year gap between sponsorships). A sponsor who has previously sponsored a partner visa applicant must notify DHA. Certain exemptions and additional limitations apply in cases involving domestic violence. |
| Health | The applicant and all family members included in the application must meet health requirements. Medical examination with an approved panel physician is required. |
| Character | The applicant (and sponsor) must meet character requirements. Police clearances from all countries of residence for 12+ months in the past 10 years are required. |
| Age | The applicant must be 18 years or older. There is no upper age limit for the applicant or sponsor. |
| Not in a prohibited relationship | The applicant and sponsor must not be in a prohibited relationship (family members by blood or adoption) as defined under Australian family law. |
Same-sex couples
Since December 2017, Australian law recognises same-sex marriage. Same-sex couples who are legally married, in a registered de facto relationship, or in an unregistered de facto relationship of at least 12 months are fully eligible to apply for the partner visa on exactly the same terms as opposite-sex couples.
3. Genuine Relationship Evidence
Proving the genuineness of the relationship is the core of the partner visa application. The Department's case officers assess the relationship under four categories. Strong applications provide comprehensive evidence across all four — not just the categories that happen to be easy to document.
Category 1: Financial aspects of the relationship
Evidence that you share financial lives:
- Joint bank account statements showing regular transactions
- Joint names on a lease agreement or mortgage
- Joint names on utility bills, council rates, or insurance policies
- Evidence of financial interdependence (e.g., supporting each other, joint loans, named beneficiaries on superannuation or life insurance)
Category 2: Nature of the household
Evidence that you share a household:
- Both names on the lease or mortgage at the same address
- Both names on utility bills at the same address
- Evidence of shared domestic responsibilities (statutory declarations from people who know your household arrangements, photos of shared living space)
- Documents showing the same address for both parties over time (bank statements, electoral roll registrations, vehicle registration)
Category 3: Social aspects of the relationship
Evidence that you are recognised as a couple socially:
- Statutory declarations from friends, family, colleagues, and community members who know you as a couple
- Photos of you together at social events, family gatherings, holidays, and milestones
- Evidence that your families know each other and are aware of the relationship
- Correspondence addressed to both of you at the same address (invitations, holiday cards, joint subscriptions)
- Social media evidence (tagged photos, shared posts, public references to the relationship)
Category 4: Commitment
Evidence of mutual long-term commitment:
- Marriage certificate (for married couples)
- Registration of a de facto relationship (where applicable under state law)
- Evidence of future plans: joint travel bookings, joint investments, correspondence about long-term plans
- Length of relationship — longer relationships provide more documentation history
- Personal statements from the applicant and sponsor explaining the history and development of the relationship, how you met, and your future plans
Long-distance relationships
Partner visa applications for couples who have been in a long-distance relationship — particularly where they have not yet cohabited — require careful preparation. The Department can approve applications where cohabitation has not been possible (due to work, study, visa conditions, or family obligations), but the burden falls on the applicant to demonstrate the commitment and authenticity of the relationship through communication records, mutual visits, and statutory declarations. Seek professional advice before lodging a long-distance partnership application.
4. Onshore (820/801) vs Offshore (309/100)
| Factor | Onshore (820/801) | Offshore (309/100) |
|---|---|---|
| Where to be at lodgement | In Australia | Outside Australia |
| Can stay in Australia while waiting? | Yes — bridging visa | No — must remain offshore until 309 granted |
| Work rights while waiting | Bridging visa conditions (usually same as previous visa) | Not permitted to work in Australia |
| Can travel during processing? | Only with Bridging Visa B (requires separate application) | Yes — can travel freely while offshore |
| Medicare access | On bridging visa: typically limited; full access once 820 granted | Not available until 309 granted and arrived in Australia |
| Eligibility for immediate family inclusion | Children can be included at lodgement or added later | Children can be included at lodgement or added later |
| Processing time (Phase 1 grant) | ~12–28 months | ~12–28 months (similar queue) |
| Application charge | Same (~$8,850 primary applicant) | Same (~$8,850 primary applicant) |
5. Documents Required
The partner visa is one of the most document-intensive visa types in the Australian program. The following represents the core documents required at lodgement — additional documents may be requested by the case officer during processing.
Identity and relationship status
- Valid passport for the applicant and sponsor
- Birth certificates for both parties
- Marriage certificate (if married)
- Evidence of registration of de facto relationship (if registered in a state or territory)
- Divorce or death certificate (if either party was previously married and the marriage has ended)
Sponsor documents
- Evidence of Australian citizenship, permanent residence, or eligible NZ citizen status (Australian passport, or Australian citizenship certificate, or Australian permanent visa evidence)
- Completed sponsor declaration (Form 40SP)
- Police clearances (if sponsor has lived overseas for 12+ months in past 10 years)
Relationship evidence (across all four categories)
- Joint financial documents: bank statements, lease/mortgage, insurance, bills
- Cohabitation evidence: rental agreement in both names, utility bills at shared address
- Social evidence: photos together, social media evidence, invitations addressed to both parties
- Statutory declarations: from people who know you as a couple (minimum 2, ideally more)
- Personal statements: from both the applicant and sponsor, addressing all four relationship categories
Health and character
- Medical examination: completed through eMedical by an approved panel physician before or shortly after lodgement
- Police clearances: from Australia (if lived there 12+ months in past 10 years) and all other countries of 12+ months residence in the past 10 years
- Police clearances are also required for the sponsor if they have lived overseas for qualifying periods
Children (if being included)
- Birth certificates for all children to be included
- Evidence of sole or joint parental responsibility (if including children who have another parent not included in the application)
- Health examinations and character checks for children aged 16 years and over
6. Processing Times in 2026
The partner visa has a two-phase processing structure with separate timelines for each phase:
Phase 1: Temporary visa grant (820 or 309)
As at March 2026, DHA is processing 75% of temporary partner visa applications (820/309) within approximately 12 to 28 months from lodgement of a complete application. The wide range reflects the significant variation in case complexity — applications with comprehensive documentation and no complications process faster; applications requiring additional information or involving complex character or health issues take longer.
Phase 2: Permanent visa grant (801 or 100)
The permanent partner visa (801 or 100) is not a separate application — it is the second stage of the same application. The Department assesses the permanent stage after the applicant has held the temporary visa for approximately 2 years from the original application date. At this stage, the Department re-assesses the relationship to confirm it remains genuine and ongoing. If the relationship has ended (other than due to the death of the sponsor or in cases of domestic violence), the permanent visa will not be granted.
Total timeline from application to permanent grant
For most applicants, the total time from lodgement to the permanent 801/100 grant is 3 to 4 years. This includes:
- 12–28 months for the temporary grant (Phase 1)
- 2 years waiting period before permanent assessment (which runs concurrently from lodgement, not from the temporary grant)
- Additional processing time for the permanent stage assessment after the 2-year mark
Fast-track scenarios
Applicants who have been in a registered relationship for at least 3 years before applying, or who have a dependent child of the relationship, may be eligible for the permanent visa to be considered at the same time as the temporary visa (without the 2-year waiting period). This is not automatic — it must be identified at the time of lodgement and supported by the relevant evidence.
7. Application Cost
The partner visa application charge (VAC) is among the highest in the Australian visa program:
| Applicant | Charge (March 2026) |
|---|---|
| Primary applicant | $8,850 |
| Additional secondary applicant aged 18+ | $4,430 |
| Additional secondary applicant under 18 | $2,225 |
The application charge covers both the temporary and permanent stages — there is no additional charge when the permanent visa is granted. The charge is paid in full at the time of lodgement and is non-refundable, including in cases where the application is refused, withdrawn, or where the relationship ends before the permanent stage is reached.
Additional costs to budget for:
- Medical examination fee (varies by country and clinic — approximately $300–$500 AUD per person)
- Police clearance fees (varies by country — allow $50–$200+ per country of residence)
- Biometrics (required in some cases, fee varies)
- Migration agent fees (if using a registered agent — varies by complexity)
- Translation costs (documents not in English must be accompanied by a NAATI-certified translation)
8. After the Visa Is Granted
After the temporary 820 is granted
Once the Subclass 820 is granted, the applicant can remain in Australia and has full, unrestricted work rights and access to Medicare. The applicant can travel freely in and out of Australia during the validity period. The 820 is typically granted for a period that takes the applicant through the 2-year waiting period — so the validity and the waiting period run concurrently.
The applicant should continue to gather ongoing relationship evidence during the 820 period, as the Department will request updated evidence at the permanent (801) stage. Maintaining a clear record of cohabitation, financial arrangements, and social life together during the waiting period is important for the permanent stage assessment.
After the permanent 801 is granted
The Subclass 801 permanent visa gives the applicant the same rights as any Australian permanent resident — unrestricted work rights, access to Medicare, the right to sponsor eligible family members, and the ability to apply for Australian citizenship after meeting the residency requirements (4 years lawful residence, the last 12 months as a permanent resident).
What if the relationship ends before the permanent stage?
If the relationship ends after the 820 is granted but before the permanent 801 is assessed, the 801 will generally not be granted — the ongoing genuineness of the relationship is assessed at both stages. However, there are important exceptions:
- Death of the sponsor: If the sponsor dies before the permanent stage, the applicant may still be eligible for the permanent visa if the relationship was genuine.
- Domestic violence: If the applicant (or their dependent children) have suffered domestic violence by the sponsor, the permanent visa may be granted independently of the sponsor under the family violence provisions. This is an important protection — seek advice immediately if domestic violence is a factor.