Australian partner visa 2026: complete guide (820/801, 309/100, 300)

If you're reading this, chances are you've fallen in love with someone Australian, or an Australian has fallen in love with you. Either way, you're now facing one of the most significant visa applications you'll ever make.

The partner visa is both straightforward in concept and complex in execution. The Department of Home Affairs wants to see that your relationship is genuine. That's the core question. But proving something as personal as love through government forms and supporting documents? That's where it gets complicated.

We'll be honest: the partner visa process is expensive (over $9,000), time-consuming (often 2+ years from application to permanent residency), and emotionally demanding. You'll need to document your most intimate life moments for assessment by a case officer who has never met you. But for couples who are genuinely committed to building a life in Australia together, it remains one of the most reliable pathways to permanent residency.

This guide walks you through everything: which visa subclass is right for your situation, what evidence actually matters, the mistakes that cause delays and refusals, and how to navigate the two-stage process from temporary visa to permanent resident.

First, let's talk about eligibility

Before diving into the different visa pathways, you need to confirm that both you and your Australian partner are actually eligible. The Department assesses you separately, and issues with either application can sink the whole thing.

For you (the applicant): You must be at least 18 years old and in a genuine relationship with your sponsor—whether that's a marriage, de facto partnership, or registered relationship. You'll need to pass health checks (a medical examination is required—see our guide to health examinations for what's involved) and character requirements, which means providing police certificates from every country you've lived in for 12 months or more in the last 10 years. You'll also sign the Australian Values Statement, cannot have outstanding debts to the Australian government, and must not have provided false or misleading information in any previous visa application (see our guide to PIC 4020 and the consequences of false information).

For your Australian partner (the sponsor): They need to be at least 18, an Australian citizen, permanent resident, or eligible New Zealand citizen, and cannot have a significant criminal record for relevant offences. "Significant" means a sentence of imprisonment of 12 months or more (or multiple sentences totalling 12 months or more), and "relevant offences" covers violence, harassment, stalking, breach of apprehended violence orders, firearms offences, people smuggling, human trafficking, slavery-like practices (including forced marriage), kidnapping, and attempts or aiding of any of these. Crucially, they also cannot be subject to sponsorship limitations.

This last point catches many couples off guard. The Department restricts how many times someone can sponsor partners: a maximum of two in their lifetime, with a five-year waiting period from when their previous sponsored partner visa application was lodged. If your partner was themselves sponsored on a partner visa, the five-year wait runs from when their own permanent visa was granted. These rules exist to prevent visa fraud, and while waivers are possible in exceptional circumstances, they're not guaranteed.

One more thing for onshore applicants: If you've previously had a visa refused or cancelled since you last entered Australia, you may be subject to what's known as a "section 48 bar." This doesn't necessarily prevent you from applying for a partner visa, but it adds extra requirements at the time of lodgement—including statutory declarations and a sponsor form that must be submitted with the application. Similarly, if you're no longer on a substantive visa (for example, your visa has expired and you're on a bridging visa or are unlawful), Schedule 3 criteria may apply, which means you'll need to demonstrate compelling reasons for the grant of the visa. Both situations are navigable, but getting them wrong can mean your application is invalid from day one. In this case it is best to get advice from an experienced immigration lawyer.

Choosing your pathway: onshore, offshore, or Prospective Marriage

Australia offers three partner visa pathways, and your situation largely determines which one you'll use.

If you're already in Australia: the onshore pathway (820/801)

The onshore partner visa is for applicants who are physically in Australia and want to stay while their application is processed. You apply for the subclass 820 (temporary) and 801 (permanent) together as a combined application, though they're assessed at different times.

The major advantage here is the Bridging Visa A. If you hold a substantive visa at the time of application, you'll be granted a bridging visa that activates if your current visa expires before a decision is made. This bridging visa comes with full work rights, Medicare access, and permission to travel (though you'll need a separate Bridging Visa B if you want to leave and return while on the bridging visa—more on that later).

You must be physically in Australia both when you apply and when the visa is granted. The cost is AUD $9,365, which covers both stages. Processing typically takes 8-21 months for the temporary 820, then another 6-16 months for the permanent 801 after you become eligible (roughly two years after your initial application).

If you're overseas: the offshore pathway (309/100)

The offshore partner visa works similarly to the onshore pathway but is designed for applicants living outside Australia. You apply for the subclass 309 (temporary) and 100 (permanent) together.

You must be outside Australia when you apply and when the 309 is granted. Once you have the temporary visa, you can move to Australia, live, work, and travel freely. The permanent stage follows about two years later, just like the onshore pathway.

Processing times tend to run 9-16 months for the 309 and 13-32 months for the 100. The cost is the same: AUD $9,365 for the combined application.

According to Freedom of Information data (FOI DA 24/02/00115) covering January 2023 to February 2024, the refusal rate for both the 309 and 100 visas sits at 8%. That's relatively low, but it still means roughly 1 in 12 applications don't make it through.

If you're engaged: the Prospective Marriage pathway (300)

The Prospective Marriage visa is for couples who are engaged and planning to marry in Australia. It's a temporary visa that gives you 9-15 months to enter Australia and get married. After the wedding, you then apply for the onshore partner visa (820/801) to continue the pathway to permanent residency.

To be eligible for the 300, you must have met your partner in person after you both turned 18, and you'll need to show evidence of ongoing contact since then. You'll also need to demonstrate genuine plans to marry within the visa period, including a Notice of Intention to Marry or equivalent documentation.

Here's where it gets important: the Prospective Marriage pathway is more expensive and more complex than the direct partner visa routes. You pay $9,365 for the 300 visa, then another $1,560 for the subsequent 820/801 application (a reduced fee for 300 holders). That's approximately $10,925 in visa fees total, compared to $9,365 for going straight to a partner visa.

The 300 also has a significantly higher refusal rate—22% according to the same FOI data. That means roughly 1 in 5 applications are refused, likely because assessing the genuineness of an engagement is harder than assessing an established marriage or long-term de facto relationship.

What kind of relationship qualifies?

The Department recognises three types of relationships for partner visa purposes: marriage, de facto partnerships, and registered relationships.

Married couples can apply immediately—there's no minimum relationship duration. Your marriage must be legally valid under Australian law: both parties must have given real consent, the marriage must be non-polygamous, and both must have been at least 18 at the time of marriage. This includes marriages conducted in Australia, overseas marriages that Australia recognises, and same-sex marriages (fully recognised since December 2017). You'll need your marriage certificate, with a certified translation if it's not in English. One common mistake: religious marriage certificates aren't always legally valid. Make sure your marriage was registered with the relevant government authority.

De facto couples face an additional hurdle: you must demonstrate that you've been living together for at least 12 months before applying. The clock starts when you move in together, and you'll need evidence covering that entire period. This requirement can be waived in three situations: if you've registered your relationship with an Australian state or territory, if you have a dependent child together, or if there are compelling and compassionate circumstances (though you'll need to demonstrate why). For a detailed comparison of what's required for each relationship type, see our guide on de facto vs married partner visas.

Registered relationships are essentially civil partnerships recognised by Australian states and territories. If you've registered your relationship in NSW, Victoria, Queensland, Tasmania, ACT, South Australia, or the Northern Territory, you're treated similarly to married couples and the 12-month cohabitation requirement doesn't apply. Western Australia doesn't currently have a relationship registration scheme.

For same-sex couples: Since December 2017, you have full equality under Australian migration law. The same requirements, evidence standards, and processing times apply regardless of the gender of you or your partner. Same-sex marriages conducted overseas are recognised in Australia, provided they meet Australian legal standards. There is no separate process or additional scrutiny.

The four pillars: how the Department assesses your relationship

The Department doesn't just want to know that you're in a relationship—they want evidence that it's genuine and continuing. To assess this, they look at four categories, often called the "four pillars." A strong application addresses all four with documented evidence.

Financial aspects

This pillar demonstrates that you share financial responsibilities and resources. The Department wants to see ongoing financial interdependence, not just a joint bank account opened the week before you applied.

Strong evidence includes:

• Joint bank accounts with regular transactions over time
• Shared ownership of property or major assets
• Joint loans or mortgages
• Shared credit cards
• Evidence of financial support during periods apart
• Shared expenses like utilities, insurance, or subscriptions

If you don't have many joint finances yet, start building them now. Open a joint savings account and use it regularly. Add each other to utility bills. The earlier you start, the more history you'll have to show.

Nature of the household

This pillar shows that you live together and share domestic life. You'll want evidence like a joint lease or property ownership documents, utility bills in both names, mail addressed to both of you at the same address, and statutory declarations from people who've visited your shared home and can describe how you live together.

If you've been in a long-distance relationship due to work, study, or immigration reasons, you'll need to explain this clearly. Provide evidence of visits, regular communication, and concrete plans to live together. Long-distance relationships aren't automatically disadvantaged, but unexplained periods of living apart will raise questions.

Social aspects

This pillar demonstrates that your relationship is recognised by family, friends, and your broader community. Think of it as third-party validation.

You'll need statutory declarations from friends and family—aim for at least two, but four or more is better. These shouldn't just say "I know John and Sarah are a couple." They should describe specific events the witness observed, how they've seen your relationship develop over time, and concrete examples of your commitment to each other.

Photos are helpful here too: photos together at events, holidays, family gatherings, and with each other's friends and relatives. Evidence of travel together, social media posts showing your relationship publicly, and joint memberships (gym, clubs, community organisations) all contribute.

Nature of commitment

This final pillar shows you're committed to a long-term, exclusive relationship with shared future plans.

Evidence includes:

• Written statements from both of you about how you met, how your relationship developed, and your plans for the future
• Wills naming each other as beneficiaries
• Power of attorney documents
• Superannuation or life insurance nominations
• Evidence of major life decisions made for each other (moving cities for your partner's career, for example)

How much evidence is enough?

Quality matters far more than quantity. The ImmiAccount system caps uploads at 100 documents per applicant, but you don't need to hit that limit. A joint bank account showing 24 months of shared transactions proves far more than 50 photos from a single holiday.

Focus on evidence that shows ongoing, consistent commitment over time. Case officers are looking for patterns, not one-off gestures.

The two-stage process: temporary first, then permanent

Most partner visa applicants don't receive permanent residency straight away. Instead, the process happens in two stages.

Stage one is the temporary visa (820 for onshore, 309 for offshore). After you lodge your application, the Department assesses whether your relationship is genuine and continuing, whether you meet health and character requirements, and whether your sponsor is eligible. If approved, you receive the temporary visa with full rights to live, work, and study in Australia, plus Medicare access. An important detail: your sponsor must submit their own separate sponsorship application via ImmiAccount. This is a separate form from your visa application, and both must be lodged. Missing the sponsor application is a surprisingly common mistake.

Stage two is the permanent visa (801 for onshore, 100 for offshore). Approximately two years after your initial application, you become eligible for the permanent stage. The Department will reassess your relationship at this point—they want to confirm you're still together and the relationship remains genuine. You'll need to provide updated evidence: recent household bills, your current lease or mortgage documents, an updated sponsor statement, and at least two new statutory declarations (Form 888) from people who can speak to your ongoing relationship. If you've separated, the permanent visa will be refused. This isn't automatic just because you got the temporary visa.

The exception for long-term couples: If you've been in your relationship for three or more years at the time of decision (or two years with a dependent child), you may receive both stages together. This "combined assessment" eliminates the waiting period and the uncertainty of a second assessment.

After permanent residency: Once you hold the permanent partner visa (801 or 100), you're eligible to apply for Australian citizenship after meeting the residency requirement — generally one year as a permanent resident, within four years of lawful residence in Australia.

Processing times: what to realistically expect

Partner visa processing times are notoriously unpredictable. Based on current Department data, here's what applicants experience across the range:

The spread between the 25th and 90th percentiles tells the real story. A quarter of onshore 820 applicants wait 15 months or less, but one in ten waits two years. The permanent stage (801/100) is generally faster, but still ranges widely depending on your circumstances.

What makes applications faster? Completeness. The single most effective thing you can do is submit a complete application with all required documents upfront. Missing documents trigger information requests, which can add 3-6 months. Every request essentially restarts your place in the queue.

What causes delays? Complex character issues requiring external checks, relationship concerns triggering investigation, applications from processing centres with large backlogs, and security checks that are outside the Department's direct control.

Costs: the full picture

The partner visa is one of Australia's most expensive visa categories. Here's what you're looking at:

Beyond visa fees, you'll need to budget for medical examinations ($300-500 per person), police certificates ($50-150 per country), certified document translations if your documents aren't in English ($50-150 per document), and professional photos and certified copies ($50-100).

If you choose to use a migration agent, fees typically range from $4,000 to $7,000 depending on complexity.

Common mistakes that cause delays and refusals

After seeing thousands of applications, certain patterns emerge. These are the mistakes that most commonly cause problems.

1. Inconsistent dates and timelines. Your statement says you moved in together in March 2023. Your sponsor's statement says April. Your lease starts in February. Case officers notice these discrepancies, and they raise red flags. Before submitting, cross-check every date across both statements and all supporting documents.

2. Overwhelming the case officer with documents. More isn't better. Uploading hundreds of photos and screenshots of every text message doesn't strengthen your case—it slows processing and buries the important evidence. Thirty well-chosen documents that clearly demonstrate the four pillars are better than 100 marginal ones.

3. Weak statutory declarations. "I know John and Sarah and they are a genuine couple" is almost worthless. Case officers want specific details: events the witness attended, observations about how you interact, concrete examples of your life together. Coach your witnesses on what to include.

4. Ignoring the sponsor's role. Your sponsor has their own application to complete and their own eligibility to demonstrate. If they have character issues, previous sponsorship limitations, or were themselves sponsored on a partner visa, these can affect your application. Assess sponsor eligibility before you start.

5. Not explaining unusual circumstances. Long-distance periods, significant age gaps, short relationships before marriage, meeting online are all common and perfectly fine if explained honestly. They become problems when left unexplained, because case officers will fill in the gaps with their own assumptions.

Bridging visas: critical information for onshore applicants

If you're applying from within Australia, understanding bridging visas could save you from a very stressful situation.

When you lodge an onshore partner visa application, you're automatically granted a Bridging Visa A (BVA). This visa sits dormant until your current substantive visa expires, at which point it activates. The BVA gives you full work rights, Medicare access, and validity until your partner visa is decided.

Here's the critical part: if you travel overseas while on a Bridging Visa A without first obtaining a Bridging Visa B, your bridging visa cancels the moment you leave Australia. You may not be able to return until your partner visa is decided, which could be years.

A Bridging Visa B costs approximately $190 and allows you to leave and return within a specified period. If you have any international travel planned while your application is processing, apply for the BVB before you book flights.

Including children in your application

Dependent children can be included as additional applicants on your partner visa. This includes your biological children, your partner's biological children, adopted children, and stepchildren.

To qualify as a dependent, children must be under 18, or aged 18-25 and financially dependent on you, or over 18 with a disability that prevents independent living.

You'll need to provide birth certificates, evidence of custody arrangements if applicable, and consent from any other parent or guardian. For adult dependents, you'll need evidence demonstrating their financial dependency.

Remember, additional applicants add to the cost: $2,345 for children under 18, $4,685 for those 18 and over.

What if your visa is refused?

A refusal is serious, but it's not necessarily the end.

For onshore applicants: You can appeal to the Administrative Review Tribunal (ART) within 28 days of the decision. The appeal fee is approximately $3,496, partially refundable if you win. And the odds are better than you might expect—ART caseload data (as at 30 November 2025) shows set-aside rates for partner visa subclasses are significantly higher than the ART average:

The remaining percentages account for cases that were withdrawn or resolved through other means. These figures suggest that a meaningful number of partner visa refusals don't survive independent review—particularly for the 820, 309, and 300 subclasses. That said, an appeal is still expensive and stressful, and not every case is worth pursuing. Consult a migration lawyer immediately to assess whether an appeal makes sense for your specific situation.

For offshore applicants: You can also appeal to the ART. Because you have an Australian sponsor (who is by definition a citizen, permanent resident, or eligible New Zealand citizen), they can lodge the appeal on your behalf. The same 28-day deadline and fee apply.

Common refusal reasons include insufficient evidence of a genuine relationship, weak documentation across the four pillars, inconsistent information between statements and evidence, sponsor ineligibility, and health or character concerns.

Frequently asked questions

Final thoughts

The partner visa demands thorough preparation, honest documentation, and patience. Processing times are long. The fees are substantial. The evidence requirements ask you to prove something deeply personal through bureaucratic channels.

But for couples who are genuinely committed to building a life together in Australia, this pathway works. The key is treating the application with the seriousness it deserves: start collecting evidence early, address potential concerns directly, maintain absolute consistency across every document, and don't leave anything unexplained.

Your relationship is genuine—now your job is to document it so comprehensively that a case officer who has never met you can see that too.

Start your application with Tern. We check both applicant and sponsor eligibility upfront, guide you through evidence collection across all four pillars, and provide immigration advice at every step to help you get it right the first time.