Partner and Family Visas in Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Australian citizens, permanent residents, and eligible New Zealand citizens can sponsor a partner — spouse or de facto — for a visa. Two main pathways: the onshore partner visa (subclass 820/801) and the offshore partner visa (subclass 309/100).
Partner visas come in two stages. You start on a temporary visa (820 or 309), then after roughly 2 years, if your relationship is still genuine and continuing, you become eligible for the permanent visa (801 or 100). Couples in relationships of 3 years or more at application (or 2 years with a child of the relationship) may be assessed for both stages at once.
The hard part is proving the relationship is genuine and continuing. The Department assesses across four streams: financial (joint accounts, shared expenses), household (living together), social (recognition by friends and family), and commitment (length, future plans). Married couples and de facto partners — including same-sex couples since marriage equality in 2017 — are equally eligible.
The sponsor must pass character and sponsorship checks. People with convictions for violence against a partner or family member can be barred from sponsoring — a reform brought in to stop the system being used to import vulnerable partners into abusive relationships.
When does it apply?
- You are the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Your relationship is genuine and continuing — you must provide evidence across the four assessment areas.
- For onshore (820/801): you are in Australia at the time of application.
- For offshore (309/100): you are outside Australia at the time of application.
What to Do If Your Australian Partner Visa Is Delayed or Refused
- Gather extensive evidence of your genuine relationship — joint bank statements, lease agreements, photos, statutory declarations from friends and family, and communication records.
- Have your sponsor lodge their sponsorship application at the same time as your visa application.
- If applying onshore on a subclass 820, you will receive a Bridging Visa A that lets you stay and work in Australia while your application is processed.
- Respond promptly to any requests for additional information from the Department.
- Update the Department if your circumstances change — new address, new child, or relationship breakdown.
What should you NOT do?
- Don't enter a sham marriage or fake relationship to get a visa — this is a criminal offence carrying up to 10 years imprisonment.
- Don't submit fabricated evidence — the Department is experienced at detecting fraudulent documents and statements.
- Don't assume a quick process — partner visa processing times can exceed 12 months depending on the stream and caseload.
- Don't leave Australia while on a Bridging Visa A without first obtaining a Bridging Visa B, or you may not be able to return.
Common Questions
When does partner and family visas apply?
You are the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen.Your relationship is genuine and continuing — you must provide evidence across the four assessment areas.For onshore (820/801): you are in Australia at the time of application.For offshore (309/100): you are outside Australia at the time of application.
What should I do if my Australian partner visa application is taking too long or has been refused?
Gather extensive evidence of your genuine relationship — joint bank statements, lease agreements, photos, statutory declarations from friends and family, and communication records.Have your sponsor lodge their sponsorship application at the same time as your visa application.If applying onshore on a subclass 820, you will receive a Bridging Visa A that lets you stay and work in Australia while your application is processed.Respond promptly to any requests for additional information from the Department.Update the Department if your circumstances change — new address, new child, or relationship...
What mistakes should I avoid with partner and family visas?
Don't enter a sham marriage or fake relationship to get a visa — this is a criminal offence carrying up to 10 years imprisonment.Don't submit fabricated evidence — the Department is experienced at detecting fraudulent documents and statements.Don't assume a quick process — partner visa processing times can exceed 12 months depending on the stream and caseload.Don't leave Australia while on a Bridging Visa A without first obtaining a Bridging Visa B, or you may not be able to return.