Everything you need to know about the three partner visa pathways, eligibility, costs and processing times in 2026 — written by a registered migration agent.
Key takeaways
- Three pathways: onshore (subclass 820/801), offshore (subclass 309/100), and prospective marriage (subclass 300).
- Base application charge is AUD $9,365 for the 2025–26 financial year — paid once and covers both stages.
- Processing takes around 12 to 30 months for the temporary stage in 2026.
- Married or de facto, including same-sex relationships. De facto generally needs 12 months cohabitation.
- Both stages give full work rights, Medicare access, and a pathway to permanent residency and citizenship.
In this guide
- What is the Australian Partner Visa?
- The three pathways at a glance
- Who can apply: applicant eligibility
- Who can sponsor: sponsor eligibility
- Married vs de facto relationships
- How the two-stage process works
- Partner visa costs in 2026
- Processing times in 2026
- Evidence requirements
- Bridging visas while you wait
- Common challenges
- How to apply, step by step
- What happens after grant
- Frequently asked questions
1. What is the Australian Partner Visa?
The Partner Visa is the migration pathway used by the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live, work, and ultimately settle in Australia.
It’s not a single visa — it’s a two-stage pathway that begins with a temporary visa and, after a waiting period, leads to permanent residency. You apply for both stages in one application and pay one combined fee.
The Partner Visa sits within Australia’s family migration program, administered by the Department of Home Affairs. In any given financial year, partner places make up roughly a third of the family stream — making it one of the most-used permanent migration pathways into Australia.
The legal framework comes from the Migration Act 1958 and the Migration Regulations 1994. We reference the relevant sections throughout this guide and link to the official Department of Home Affairs pages so you can verify everything yourself — something we’d encourage you to do with any migration information you read online.
A note on terminology. “Partner Visa” is the umbrella term. Within it, subclass 820/801 is the onshore pathway, subclass 309/100 is the offshore pathway, and subclass 300 is for engaged couples not yet married.
2. The three pathways at a glance
Most couples don’t know which pathway applies to them when they start researching. Here’s how they compare side-by-side.
Subclass 820/801
Apply from inside Australia. Live and work here while your application is processed.
Full onshore guide →Subclass 309/100
Apply from outside Australia. Travel to Australia once your provisional visa is granted.
Full offshore guide →Subclass 300
Prospective Marriage Visa. Come to Australia to marry your fiancé(e), then transition to onshore 820.
Full PMV guide →| 820/801 | 309/100 | Subclass 300 | |
|---|---|---|---|
| Where you apply from | Inside Australia | Outside Australia | Outside Australia |
| Relationship | Married or de facto | Married or de facto | Engaged |
| Base charge | $9,365 | $9,365 | $9,365 |
| Stay period | Until 801 decision | Until 100 decision | 9–15 months to marry |
The single most important factor in determining your pathway is where you are physically located when you lodge the application. That determines whether you’re onshore (820/801) or offshore (309/100). The Prospective Marriage Visa is a special case for engaged couples who haven’t yet married.
If you’re not sure which one applies to your situation, our free partner visa quiz will narrow it down in about two minutes.
Source: Department of Home Affairs — Partner visa overview
3. Who can apply: eligibility for the applicant
To be eligible for any partner visa pathway, you must:
- Be in a genuine and continuing relationship with an eligible Australian sponsor
- Be at least 18 years of age (limited exceptions apply for the offshore pathway involving certain prior marriages)
- Meet health requirements via Bupa Medical Visa Services or an approved overseas panel physician
- Meet character requirements, evidenced through police checks from every country where you’ve lived for 12+ months in the past 10 years
- Pay the application charge and provide all required documentation
- Not be barred by previous visa refusals or cancellations (Section 48 of the Migration Act)
The relationship test is the heart of every partner visa decision. Home Affairs assesses your relationship across what migration practice calls the four pillars: financial aspects, the nature of the household, social aspects, and the nature of the commitment.
4. Who can sponsor: eligibility for the Australian partner
The Australian-based partner becomes the sponsor of the visa application. To be eligible to sponsor, they must:
- Be at least 18 years of age
- Be an Australian citizen, permanent resident, or eligible New Zealand citizen
- Not have sponsored more than two partners in their lifetime
- Have at least 5 years between sponsorships if they’ve previously sponsored a partner
- Pass character checks, including disclosure of any convictions involving violence or offences against children
- Sign a sponsorship undertaking committing to support the applicant and provide accommodation for the first two years
The sponsorship limits exist to discourage serial sponsorship arrangements. They can be waived in narrow “compelling circumstances” — for example, where the previous sponsorship ended due to the death of the partner — but waivers are rare.
Important for sponsors with a criminal record. Since 2018, sponsors are required to provide police checks. A serious record involving violence or offences against minors will lead to sponsorship refusal in most cases.
5. Married vs de facto relationships
You can apply for any partner visa pathway whether you’re married or in a de facto relationship — including same-sex de facto relationships, which Australian migration law has recognised since 2009.
If you’re married, you’ll need a marriage certificate that’s recognised under Australian law. Most marriages legally registered overseas are recognised, but some require additional steps:
- Marriages registered in countries party to the Hague Apostille Convention generally need an apostille certificate.
- Marriages from non-Hague countries may need authentication through the Australian embassy or DFAT.
- Foreign-language certificates need NAATI-accredited translation.
If you’re in a de facto relationship, you generally need to prove at least 12 months of cohabitation immediately before lodging. This is one of the most commonly misunderstood requirements — it’s not 12 months of being in a relationship, it’s 12 months of living together as a couple.
There are two main exceptions to the 12-month rule:
- Registered relationships. If you’ve registered your relationship with an Australian state or territory’s relationship register (NSW, Victoria, Queensland, Tasmania, ACT, and South Australia), the 12-month rule doesn’t apply.
- Compelling circumstances. Such as having a child together, where Home Affairs interprets “compelling” strictly.
A registered relationship is often the fastest fix for couples who haven’t yet hit the 12-month mark.
6. How the two-stage process actually works
This is where most people first get confused, so it’s worth slowing down.
Step 1 — Combined lodgement. When you apply for a partner visa, you simultaneously lodge two applications: for the temporary visa (820 or 309) and the permanent visa (801 or 100). You pay one fee covering both. Home Affairs assesses them in stages.
Step 2 — Temporary visa decision. The first stage is assessed within roughly 12–30 months in 2026. If granted, you receive the temporary partner visa, which gives you full work rights, Medicare access, and the ability to live anywhere in Australia.
Step 3 — The waiting period. From your original lodgement date, the clock starts ticking on a roughly two-year window before you become eligible for the permanent stage. The two-year window is calculated from when you lodged, not from when you were granted the temporary visa.
Step 4 — Permanent visa assessment. Around two years after your initial lodgement date, Home Affairs assesses your application for the permanent stage (801 or 100). You’ll need to submit new evidence showing the relationship has continued — fresh joint bills, recent photos, updated household evidence.
Step 5 — Permanent residency granted. If satisfied your relationship is genuine and continuing, Home Affairs grants the permanent partner visa. You’re now an Australian permanent resident, with a pathway to citizenship.
The fast-track exception. If at the time of your temporary visa decision you’ve already been in your relationship for 3 years (or 2 years with a child together), Home Affairs may grant the temporary and permanent visas simultaneously. This is sometimes called a “double grant”.
7. Partner visa costs in 2026
The application fee is the headline cost, but it’s not the total cost. Here’s the realistic breakdown for the 2025–26 financial year.
Government charges
| Charge | Amount (AUD) |
|---|---|
| Base application charge (main applicant) | $9,365 |
| Additional applicant charge (18+) | $4,675 |
| Additional applicant charge (under 18) | $2,345 |
| Second instalment (some applicants) | $4,890 |
| Credit card surcharge (1.4%) | $131.11 on the base fee |
| Reduced fee for transition from subclass 300 | $1,560 |
Mandatory associated costs
| Cost | Approximate range |
|---|---|
| Health examination (per adult) | $350–500 |
| Health examination (per child) | $250–350 |
| Australian Federal Police check | $42 |
| Overseas police checks (per country) | $50–200 |
| NAATI document translation (per doc) | $50–150 |
| Biometrics (where required) | $40–80 |
Realistic total for self-prepared application: $10,500–$11,500 (single applicant, no children, no complex history).
Realistic total with professional representation: $14,500–$20,000+
Why fees go up every July 1. Visa application charges are indexed annually under the Migration (Visa Application) Charge Act 1997. The fee for 2025–26 increased from $9,095 to $9,365. Always verify the current fee at immi.homeaffairs.gov.au before lodging — even a small underpayment will invalidate your application.
Take our free 2-minute quiz to find the right visa pathway for you.
Take the Quiz →8. Processing times in 2026
Partner visa processing times are some of the longest in the Australian migration system. Home Affairs publishes “global processing times” updated monthly, but these are aggregate figures — your individual case may move faster or slower.
| Visa stage | Typical range (50%–90% of cases) |
|---|---|
| Subclass 820 (onshore temporary) | 12–30 months |
| Subclass 801 (onshore permanent) | 12–24 months from eligibility |
| Subclass 309 (offshore temporary) | 14–30 months |
| Subclass 100 (offshore permanent) | 12–22 months from eligibility |
| Subclass 300 (prospective marriage) | 18–28 months |
What actually drives processing time
- Decision-readiness. Applications with full evidence at lodgement get decided faster than those that require Section 56 requests for additional information.
- Country risk profile. Applicants from countries Home Affairs assesses as higher fraud risk face longer processing.
- Relationship complexity. Recent marriages, large age gaps, and prior immigration history all add scrutiny.
- Sponsor history. Previously sponsored sponsors and complex character histories add time.
- Health and character flags. Complications can extend a case by 6–12 months.
The single best thing you can do to speed up your application is lodge it complete.
Source: Department of Home Affairs — Visa processing times (updated monthly)
9. Evidence: what you need to prove a genuine relationship
Every partner visa decision turns on whether Home Affairs is satisfied your relationship is genuine, continuing, and to the exclusion of all others. Evidence is organised into the four pillars:
Joint bank accounts, shared bills, super beneficiaries, pooled income, joint loans.
Joint lease or mortgage, utility bills, mail to both at one address, shared budget.
Photos with friends and family, social media, joint travel, witness statements (Form 888).
Wills, life insurance, future plans, knowledge of each other’s families.
How much evidence is enough? Quality matters more than volume. A well-curated 80-page application with documents from all four pillars will outperform a 400-page application that piles up redundant evidence in one pillar and has gaps in others.
10. Bridging visas: what happens while you wait
If you’re already in Australia when you lodge an onshore partner visa (820/801), you’ll typically be granted a Bridging Visa A (BVA) automatically. The BVA lets you remain in Australia lawfully, with full work rights, until your partner visa is decided.
If you need to leave and return to Australia while waiting, you’ll need to apply for a Bridging Visa B (BVB) before you depart. The BVA does not allow re-entry — leaving Australia on a BVA cancels it.
A Bridging Visa C (BVC) applies in narrower circumstances, generally where you didn’t hold a substantive visa at the time you lodged. BVCs come without work rights by default.
11. Common challenges: Schedule 3, breakdown, family violence
Three situations consistently complicate partner visa applications.
Schedule 3. If you’re applying onshore (820/801) but don’t currently hold a substantive visa — for example, you’re on a Bridging Visa E or unlawful — you must satisfy “Schedule 3” criteria, or persuade Home Affairs to waive them on compelling reasons. This is one of the most technically demanding areas of partner visa law.
Relationship breakdown. If your relationship ends after you’ve lodged your application, the application doesn’t automatically end with it. Several pathways exist — including continuing under family violence provisions, the shared-child pathway, or the death-of-sponsor pathway.
Family violence. Australian migration law specifically protects partner visa applicants who experience family violence from their sponsor. You do not need to remain in an abusive relationship to keep your visa pathway open. The family violence provisions allow you to continue the application even after the relationship has ended.
If you’re in immediate danger, call 000. For confidential family violence support, call 1800RESPECT on 1800 737 732 — 24/7, free, with interpreters available.
12. How to apply, step by step
- Determine your pathway. Onshore, offshore, or prospective marriage. Use our free quiz if unsure.
- Confirm your sponsor’s eligibility. Check the 5-year rule, two-sponsor limit, and character requirements before doing anything else.
- Set up an ImmiAccount. All Australian visa applications are lodged through Home Affairs’ ImmiAccount portal.
- Begin gathering evidence across the four pillars. This takes weeks, not days.
- Complete the relationship statements. One from you, one from your partner — written separately and in your own words.
- Get Form 888 statutory declarations from at least two adult Australian witnesses who know your relationship.
- Complete health examinations through Bupa Medical Visa Services or an approved overseas panel physician.
- Complete character documentation, including AFP and overseas police checks.
- Complete Form 80 and Form 1221 if requested. Form 80 is increasingly requested upfront.
- Lodge the application in ImmiAccount and pay the application charge.
- Apply for a Bridging Visa B if you need to travel before a decision (onshore applicants only).
- Respond to any Section 56 requests for additional information within the deadline given.
- Notify Home Affairs of any change in circumstances through ImmiAccount.
13. What happens after the visa is granted
Once your temporary partner visa (820 or 309) is granted, you can:
- Live anywhere in Australia
- Work for any employer in any role
- Study (with access to domestic student fees in some cases — varies by state and institution)
- Access Medicare
- Travel in and out of Australia
- Sponsor eligible family members for visiting visas
Once your permanent partner visa (801 or 100) is granted, you become an Australian permanent resident. You can:
- Stay indefinitely
- Apply for Australian citizenship after meeting the residency requirements (generally 4 years of residence including 12 months as a permanent resident)
- Sponsor eligible family members for permanent visas
- Access full Medicare, Centrelink (subject to waiting periods), and HECS-HELP
14. Frequently asked questions
Can I apply for a partner visa on a visitor visa?
Yes, in many cases — but it depends on the conditions attached to your visitor visa. The most important is condition 8503 (“no further stay”). If your visitor visa carries 8503, you cannot lodge an onshore partner visa application without first applying to have the condition waived. Without 8503, an onshore application is generally possible, though Schedule 3 may apply if your visitor visa has already expired.
Do I need to be married to apply for a partner visa?
No. De facto partners (including same-sex partners) can apply, provided they meet the 12-month cohabitation requirement or have registered their relationship under Australian state or territory law.
How long do partner visas take in 2026?
Most onshore (820) decisions take 12–30 months from lodgement. Offshore (309) decisions take 14–30 months. The permanent stage (801 or 100) is typically decided within a year of becoming eligible. Decision-ready applications are processed faster than incomplete ones.
Can I work while my partner visa is being processed?
Yes. If you’re onshore on a Bridging Visa A, you have full work rights from the day your previous substantive visa ceases. If you’re on a Bridging Visa C, work rights aren’t automatic and may need to be applied for separately.
Is there an English language requirement?
There’s no English requirement for the temporary stage (820 or 309). For the permanent stage (801 or 100), Home Affairs encourages “functional English” — you can demonstrate this through evidence of education, employment, or by completing 510 hours of free English language tuition through the Adult Migrant English Program.
My partner has been sponsored before. Can they sponsor me?
Possibly. There’s a two-sponsor lifetime limit and a 5-year minimum gap between sponsorships. Some exceptions apply where the previous relationship ended due to compelling circumstances (e.g. the death of the previous partner). Check before you start — sponsorship limits are the most common reason for last-minute application withdrawal.
What happens to my visa if my relationship ends?
That depends on why the relationship ended. If it ended due to family violence, you may continue under the family violence provisions. If you have a child with your sponsor, the shared-child pathway may apply. If your sponsor has died, the deceased-sponsor pathway may apply. If none of these apply, you may need to withdraw the application or face refusal.
Can same-sex couples apply?
Yes. Australian migration law has fully recognised same-sex de facto and married relationships since 2009. The same evidence requirements apply.
Do I need a migration agent?
Not legally — you can lodge an application yourself. But a registered migration agent or lawyer can be valuable for complex immigration history, Schedule 3 issues, sponsor character concerns, family violence claims, refused visa history, or applications from higher-risk countries. If you choose to use a representative, ensure they’re registered with the Office of the Migration Agents Registration Authority (MARA).
What’s the success rate for partner visas?
Across all partner visa subclasses, Home Affairs typically grants between 80% and 95% of applications, depending on the year and pathway. Success rates are highest for decision-ready applications with strong evidence and uncomplicated histories. Refusals most commonly arise from inadequate relationship evidence, undisclosed history, or sponsor ineligibility.
Take the free 2-minute quiz to see which pathway fits your situation, or read the in-depth guide for your specific visa.
About the author
Sam is the founder of Millennium Migration and a registered migration agent based in Melbourne, assisting clients across Australia with partner, family and complex migration matters.
Sources
- Department of Home Affairs — Partner visa (subclasses 820 and 801)
- Department of Home Affairs — Family violence provisions
- Migration Act 1958 (Cth)
- Migration Regulations 1994 (Cth) — Schedule 3
- Department of Home Affairs — Visa processing times (updated monthly)
- Office of the Migration Agents Registration Authority (MARA)
This article provides general information only and is current as of [Month Year]. It does not constitute personal migration advice. Australian migration law changes frequently — verify current requirements at immi.homeaffairs.gov.au. For advice on your specific situation, take our quiz or contact Sam at Millennium Migration directly.