How to Understand the Partner Visa Requirements for Australia

Understanding the Australian partner visa requirements might seem a little overwhelming, just like it was initially for me too. Thankfully, I learnt a lot when it comes to navigating the temporary partner visa requirements where I now share my Australian Visa Tips on this website and on my TikTok and Instagram pages, that I now have citizenship.

Luckily, I have teamed up with the only recommended migration agent I mention on this site, True Blue Migration Services, to bring you this guide and help you understand the partner visa application process too.

While Australian partner visas are expensive and heavily scrutinised by the Department of Home Affairs, it’s important to ensure your visa application is in tip-top shape before lodging. This is because if it gets rejected, you’ll lose the money it costs to apply (and it’s a lot!).

Fear not, you can easily get your partner visa application over the line simply by ensuring you have the right documents and you’ve submitted substantial evidence of a genuine relationship that is ongoing.

For anyone currently living in Australia, some states offer the option to officially register your relationship, which can be especially important if you haven’t lived together for 12 months prior to submitting your partner visa application (yes, you can apply for the partner visa if you haven’t been together for 12 months, except in NT and WA). Check out this TikTok I made about how long you need to be together for.

The exact requirements of your partner visa application depend on the particular subclass that you’re applying for.

If you’re confused about the type of visa you’re eligible for, True Blue Migration Services is offering a free assessment for Londoner In Sydney readers. Using a Registered Migration Agent isn’t essential, but I think it’s a bit like working with a Real Estate Agent to sell your house or an Accountant to file your tax return: things generally run smoother with a professional in your corner.

Table of Contents

Partner visa types

There are four main partner visas for Australia to consider which you can learn about in this TikTok I made about the 5 Things You Need To Know Before Applying For The Partner Visa which breaks down the various partner visas you can apply for. The main partner visa types include:

1. Partner Visa Subclass 820 and 801 – for applicants currently IN Australia

The Partner Visa Subclass 820 and Partner Visa Subclass 801 process consists of two stages, designed to transition you from temporary visa status to permanent residency which is what I applied for.

Typically, the temporary partner visa (820) is granted first, with the assessment of your permanent partner visa subclass 801 commencing two years after your Partner Visa Subclass 820 is lodged. You will need to provide further relationship evidence at this time. Check out my How I Applied For The Partner Visa Application For Australia (subclass 820) guide and you’ll see exactly what I did.

You only pay a single government application fee upfront, which covers both stages.

If you have been living together for at least three years before applying, or for two years with a child, you can apply directly for the permanent partner visa subclass 801, bypassing the temporary visa stage.

While holding your temporary visa, you can stay in Australia until your permanent partner visa is granted. Once you receive the permanent visa, you become a permanent resident and may eventually be eligible to apply for citizenship.

With a Partner Visa Subclass 820, you can, amongst other things, work in Australia, study in Australia (without government financial support), travel in and out of Australia as often as you like, and access free English language classes.

To access Medicare, you do not need to wait until your temporary partner visa is granted. As soon as it is lodged, you can get access to medical and hospital services at a subsidised rate.

You may be eligible if you meet the following requirements:

Your partner is an Australian citizen, permanent resident, or an eligible New Zealand citizen, and is not restricted by previous partner sponsorship.
You hold a valid visa (without the “8503 – NO FURTHER STAY” condition) and are in Australia when submitting your partner visa application.
You are either married, can provide strong evidence of living together for 12 months prior to applying, or have registered your relationship (in certain Australian states ie not Western Australia or Northern Territory). Relationship registration can waive the 12-month cohabitation requirement. However, you cannot register your relationship if you’re still married to someone else, even if separated for a long time.
You meet health and character requirements.
Your relationship is legally recognised under Australian law.
You and your family members have cleared any debts owed to the Australian Government or have a payment plan in place.
The visa application is in the best interest of any children included in the application.

For stage two eligibility (aka for the permanent partner visa subclass 801), there are further requirements:

You must have a valid Partner Visa Subclass 820.
Continue to be in a committed relationship (unless certain exceptions apply).
Comply with all Australian laws.

Don’t be caught out like I was with Stage 2 and check out my How I Applied For the 801 Partner Visa in 3 Days guide to see what I did.

2. Partner Visa 309 and 100 – for anyone offshore (ie NOT currently living in Australia)

The offshore partner visa is available for the partners and spouses of Australian citizens, permanent residents, and eligible New Zealand citizens.

You must be outside Australia when you lodge the visa application, although you can be onshore or offshore when the visa is granted. In most cases, you will apply for the provisional partner visa (Subclass 309) first, followed by the permanent partner visa subclass 100.

Like the Partner Visa Subclass 801 requirement, if you have been in a long-term relationship—either having lived together for at least three years before applying, or for two years with a child—you can apply directly for the permanent visa, bypassing the temporary visa stage.

Two years after lodging your Partner Visa Subclass 309 application, you can submit further evidence of your relationship to be considered for the permanent partner visa subclass 100. This grants you permanent residency, provided you are still in a genuine relationship.

It’s important to continue gathering proof of your relationship, even after the temporary visa is approved, as this will be needed for your permanent residency application.

You may be eligible for this visa if:

You are either married to your partner or can prove you’ve lived together for at least 12 months prior to applying.
You can provide evidence of financial interdependence, shared living arrangements (if de facto), and social recognition of your relationship.
Both you and your partner are over 18 years of age.
You meet the health and character requirements for this visa.
You do not have any outstanding debts to the Australian Government.

When it’s time to apply for the second stage (ie subclass 100 visa), you must meet these criteria:

You hold a subclass 309 offshore partner visa.
You remain in a committed, ongoing relationship (unless special circumstances apply).
You have complied with all laws and visa conditions while holding the 309 visa.

3. Prospective marriage 300 Visa – for couples living apart but planning to tie the knot in future

Are you planning to get married and excited about starting your life in Australia? To enter the country, you’ll need to apply for a Prospective Marriage Visa Subclass 300. While this is an exciting time, it’s essential to understand the prospective marriage visa application process and the responsibilities for both you and your partner.

The 300 visa is a temporary visa that allows you to move to Australia and marry your partner. You must be outside Australia when both the application is lodged and when the visa is granted.

Your 300 visa grant letter will state your visa validity (this can be between 9 and 15 months). During this time period, you need to enter Australia, commence a life together with your partner, marry and lodge your spouse visa application. During this time, you can leave and re-enter Australia as many times as you wish.

This might be the visa for you if you meet the following criteria (remember, a Registered Migration Agent at True Blue Migration Services can do a free eligibility check to confirm it’s the best option for you):

You are in a genuine relationship with an Australian citizen, Australian permanent resident or an eligible New Zealand citizen.
You have physically met in person. It’s OK if you got to know each other online, but an online relationship only does not meet the requirements provide enough evidence of legitimacy.
You intend to marry one another and can show evidence of your booked wedding.
You can demonstrate commitment to each other through regular communication, social evidence and financial support.

4. New Zealand Citizen Family Relationship 461 Visa – for New Zealanders who want to add a partner to their visa

If you’re in a relationship with a New Zealander living in Australia, this might be the partner visa for you.

You and your partner must either be married or show that you have lived together for at least six months at the time of your visa application. Be careful though, unlike some other Australian partner visas, registering your relationship in a state or territory that allows it does not waive the cohabitation requirement for this particular visa subclass.

Other eligible family members of the New Zealand citizen can also be included in the visa application, including children aged 18 and over, provided they are single and have not been in a de facto relationship.

Generally, you might be eligible for this visa if:

You’ve been in a relationship with a New Zealand citizen for over six months.
Your partner holds the subclass 444 special category visa, granted to New Zealand citizens upon entry to Australia, or they’re eligible for the 444 visa upon arrival if applying from outside Australia.
You’re the dependent child of the New Zealand citizen or their partner.
You’re a relative of the New Zealand citizen or their partner who is widowed, divorced, or separated, or has never entered a de facto partnership, usually resides in the New Zealand citizen’s household and is dependent on them.
You’re the child of a dependent child of either the New Zealand citizen or their partner.
You meet health and character requirements.
You have no outstanding debts to the Australian Government; any debts must be settled or arrangements made before the visa can be granted.
If you come from a country without a reciprocal healthcare agreement with Australia, you may need to purchase health insurance that covers you while in Australia.

Applicants can apply for the 461 visa from either inside or outside Australia. If you are in Australia, make sure your current visa does not have the ‘8503 – NO FURTHER STAY’ condition.

Sponsor requirements (aka the Australian in the relationship)

Hamersley-gorge-walk-karijini-national-park-3

There are requirements for the sponsor (aka the Australian in the relationship) that they’ll need to meet.

The sponsor will need to provide an Australian police clearance as well as overseas police clearances for any other countries they have spent more than 12 months in over the last 10 years. I would recommend getting these done asap as they can take ages to be sent back to Australia. If they have had any offences in the past, it’s wise to let the applicant know about them as they might be asked about it if they get a phone call from a case officer after you’ve applied.

Any offences committed by the sponsor will be looked at under two areas: the relevancy of the offence and the significance of the criminal record. As long as the sponsor doesn’t have a significant criminal record (ie a sentence of 12 months or more, or two or more terms in prison that total over 12 months) immigration won’t automatically refuse the partner visa application.

Generally, sponsors are judged on a case-by-case basis when it comes to meeting the character test.

Applicant requirements (aka the person applying for the partner visa)

You’ll need to apply for a police clearance both in Australia and in any country that you’ve lived in for more than 12 months in the past 10 years.

If you’ve been involved in anything from drug trafficking, family violence, sexual harassment, criminal gangs etc, the case officer will need to determine whether you are likely to engage in the same activity in Australia. The Case Officer will also consider any sentences you have had – whether or not they were serviced.

Requirements for the four pillars

There are also requirements for the four pillars of the application which you’ll need to address in order to get the outcome you need. This is what will take the most time for you to organise, so make sure you are thorough.

Financial Aspect of the relationship

Any joint ownership of real estate or other major assets
Household Expenses: whether you and your partner share day-to-day household expenses
Documents as evidence for the financial aspects of your relationship:
- Joint bank accounts
- Joint household bills
- Joint mortgage or lease paperwork attesting to join ownership or rental of real estate
- Joint loan documents of major assets such as homes, cares or major appliances.

Nature of the household

The nature of the household is basically a look at how you share your living arrangements. Think about what your day to day lives look like and share as concise evidence to prove that you’re in a genuine relationship such as:

Shared Living Arrangements: joint ownership of residential property or a joint residential lease agreement
Joint utility bills (for example: gas, electricity, and telephone bills)
Shared responsibility for housework
Shared responsibility for care and support of children (if you have any)
Provide letters addressed to both the applicant and sponsor at the same residential address
Documents as evidence for the nature of your household:
- A statement about the way housework is distributed
- Household bills in both names, mail or emails addressed to both of you

If you aren’t living together this does not mean you’re not eligible for a partner visa (we didn’t have any bills or a rental lease to provide as we met while we were backpacking).

We spent some time at Steve’s mum’s house in Australia and she provided a statutory declaration (basically a letter) stating that we were living with her and contributing towards groceries. The key is to demonstrate that you are not living apart on a permanent basis. You do need to be living together when you lodge the visa and continue to do so while it is processing.

The Social Aspects of the Relationship

This is more of the easier pillar to fill out as immigration basically need to see that you are social together, that you spend quality time together with friends and family. Here is a snapshot of what the department will consider:

888 Statements from parents, family members, relatives, friends and other interested parties
Share evidence of joint membership of organisations or groups, documentary evidence of joint participation in sporting, cultural, social or other activities through bank statements, photos etc
Joint travel plans for the future, ie booking confirmation for flights, accommodation etc
Documents as evidence for the social aspects of your relationship:
- Photos of you and your partner in any social activities or holidays
- Flight tickets or accommodation bills for your joint travel plans
- Invitations sent to you and your partner
- Record of communication with your partner’s family members

Nature of the commitment

Next you’ll need to provide evidence to show you are in fact in a committed and ongoing relationship. The Department will consider several factors to determine this including:

Register your relationship certificate
The duration of the relationship or the length the parties have lived together
The partners’ knowledge of each other’s personal circumstances (this could include background and family situation and could be established at an interview)
Show that you support each other emotionally
Overall intentions for the future of your relationship
Documents as evidence for the nature of your commitment:
- Letters and phone bills that show you have been in contact when apart
- Terms of your wills
- A relationship statement including i.e. including how, when and where you first met, how the relationship developed, joint activities, periods of separation

If you have any concerns about the partner visa health or character requirements, it’s important to speak to a professional. You don’t want to find out after waiting years, and spending thousands of dollars, that you weren’t even eligible in the first place. An eligibility check with our friends at True Blue Migration Services is free, so it’s a no-brainer if you’re at the start of the partner visa process or heading in that direction.

Partner Visa FAQs

1. How Much Money Do You Need for a Partner Visa in Australia?

One thing to brace yourself for is the cost. The visa application fee starts at around an eye watering AUD $9,095 (for the primary applicant) if applying for the 820 or 300 visa, and this doesn’t include extras like medical exams, police checks, or document translations.

If you’re including children or need a migration agent’s help, you’ll need to factor in those costs too. While the price can seem overwhelming, it’s an investment in your future together, and breaking it into smaller, manageable steps really helps.

2. How Do You Prove a De Facto Relationship in Australia?

Proving a de facto relationship can feel a bit like putting together a scrapbook of your life together. The key is showing you’ve lived together for at least 12 months unless exceptional circumstances apply (or you can register your relationship in a state that allows this).

Gather things like joint bank statements, utility bills in both names, rental agreements, photos from significant moments, and even statutory declarations from friends or family.

We found it helpful to write a personal relationship statement explaining how we met, how our relationship grew, and what our future looks like together. You can also watch this TikTok as I break down why you need to register your relationship.

3. How Long Does a Partner Visa Take to Process in Australia?

For the temporary partner visa (ie the 820 visa), around 50% of applications are processed in 10 months (and 90% by the 16 month mark). Remember, you can lodge the PR 801 part two years after lodging the 820.

It’s a long road, but staying organised and providing complete, clear evidence speeds things up. For us, staying proactive and checking in on the progress occasionally made the waiting easier.