Partner and Family Visas
Written in plain language for general understanding. This is educational content, not legal advice. Based on Commonwealth Acts of Parliament, federal regulations, and official government guidance.
What is this right?
Australian citizens, permanent residents, and eligible New Zealand citizens can sponsor their partner (spouse or de facto) for a visa. The two main pathways are the onshore partner visa (subclass 820/801) and the offshore partner visa (subclass 309/100).
Partner visas are processed in two stages. You first receive a temporary visa (subclass 820 or 309), then after approximately 2 years, if your relationship is still genuine and continuing, you become eligible for the permanent visa (subclass 801 or 100). If you have been in a relationship for 3 or more years at the time of application (or 2 years with a child of the relationship), you may be assessed for both stages at the same time.
You must prove your relationship is genuine and continuing. The Department assesses this by looking at financial aspects (joint accounts, shared expenses), household aspects (living together), social aspects (recognition by friends and family), and commitment (length of relationship, future plans). Both married couples and de facto partners (including same-sex couples) are eligible.
The sponsor must pass character and sponsorship checks. People with convictions for violence against a partner or family member may be barred from sponsoring.
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 should you do?
- 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.
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