Partner/Spouse Visa (820/801 · 309/100, including de facto)
This is a visa for living in Australia together with an Australian citizen or permanent resident (PR) spouse/partner. The pathway differs depending on whether you apply from inside or outside Australia, and both married couples and de facto relationships can apply. This is general information, not legal or migration advice.
This page is general information for foreign nationals in a genuine relationship with an Australian citizen, permanent resident (PR), or eligible New Zealand citizen, and is not migration or legal advice. The visa numbers (820/801/309/100), fees, processing times, eligibility requirements, and the states/territories where relationship registration is available change from time to time. Before applying, always confirm the latest information for your situation on the official immi.homeaffairs.gov.au site, and for complex cases consult a MARA registered migration agent or a lawyer.
What is a partner visa? — Two pathways
A partner visa lets the spouse or de facto partner of an Australian citizen, permanent resident (PR), or eligible New Zealand citizen live in Australia together. Married couples, de facto partners, and same-sex partners can all apply.
- Applying inside Australia (onshore): subclass 820 (temporary) → 801 (permanent). For those inside Australia at the time of applying.
- Applying outside Australia (offshore): subclass 309 (temporary) → 100 (permanent). For those outside Australia at the time of applying.
Both pathways have a two-stage structure in which the temporary visa is granted first and the permanent stage is generally assessed about two years later. You lodge both the temporary and permanent stages together in a single combined application.
Applying inside Australia — Onshore 820 → 801
If you are inside Australia at the time of applying, you apply via the onshore pathway.
- subclass 820 (temporary): the temporary visa decided first. It lets you live and work lawfully in Australia.
- subclass 801 (permanent): usually about two years after the application date, the permanent stage is assessed if you prove the relationship is continuing.
You must be inside Australia when you apply for the 820, and generally you must be in Australia until a decision is made.
Bridging visa: if your existing visa expires after an onshore application, a Bridging visa A is usually granted automatically, letting you stay lawfully and work without restriction until the 820 is decided. To travel overseas during processing, you may need a separate Bridging visa B (BVB).
Applying outside Australia — Offshore 309 → 100
If you are outside Australia at the time of applying, you apply via the offshore pathway.
- subclass 309 (temporary/provisional): the temporary visa decided first. Once granted, you can enter Australia to live and work.
- subclass 100 (permanent): usually about two years after the application date, the permanent stage is assessed if you prove the relationship is continuing.
Holders of a 309 visa can usually work and study without restriction, and once the visa is granted they can come to Australia to live.
Important: for the offshore subclass 309 you must be outside Australia when you apply, and usually also when the visa is decided. If you plan to enter Australia before a decision, carefully confirm in advance which pathway (onshore vs offshore) is right for you.
Sponsor requirements — Who can be a sponsor
For a partner visa, not only the applicant but also the sponsor (spouse/partner) submits an application. The sponsor usually needs to be one of the following.
- Australian citizen
- Australian permanent resident
- Eligible New Zealand citizen
The sponsor jointly proves that they are in a genuine and continuing relationship with the applicant and gives an undertaking of support. The sponsor must also consent to providing Australian and overseas police check results on request, and a sponsorship may not be approved if the sponsor has certain criminal histories.
Sponsorship limits — two per lifetime, five years apart
Under regulation 1.20J of the Migration Regulations 1994, partner and fiance sponsorships are limited in number (checked as of July 2026).
- No more than two partner/fiance sponsorships can be approved in a lifetime.
- A second sponsorship can only be approved at least 5 years after the application date of the first sponsored visa.
- If you came to Australia as a sponsored partner yourself, you cannot sponsor someone else within 5 years of the date of that visa application.
An exception can be approved at discretion where there are compelling circumstances, such as the death of the previous partner or a dependent child of the relationship. If you have any past history as a sponsor or sponsored partner, check the official guidance against your own history before applying.
De facto — 12 months of cohabitation and the relationship-registration exemption
Even if you are not married, you can apply for a partner visa if you are in a de facto relationship. Same-sex partners can apply on the same basis.
The key requirement for a de facto relationship is usually to prove that you have lived together for at least 12 months immediately before applying in a genuine and continuing relationship. It must be more than just dating — a relationship in which you are committed to each other and share a home.
How the 12 months is counted: the de facto requirement looks at whether the de facto relationship existed for the 12 months immediately before the date of application (Migration Regulations reg 2.03A). Periods spent temporarily apart — for work or study, for example — can still count if you can show the relationship continued during that time. And if there are compelling and compassionate circumstances, such as a child of the relationship, the 12-month requirement itself may not apply.
When the 12-month requirement may be exempted
If you register your relationship through the relationship registration schemes run by six Australian states/territories (NSW, VIC, QLD, SA, TAS, ACT), the 12-month de facto cohabitation requirement may be exempted. Which state registrations are recognised for migration purposes is set by Commonwealth regulations — see the table below for each state. Registration procedures and fees differ by each state registry (BDM registry).
Relationship evidence — The four areas
The Department of Home Affairs usually assesses whether a relationship is genuine and continuing across four areas. The more evenly you prepare evidence across each area, the better.
1. Financial aspects
Evidence that you manage finances together.
- Joint bank accounts with a record of actual use
- A joint lease or mortgage, or jointly owned property
- Records of sharing rent, utilities and living costs (transfers, bills)
- Shared assets and liabilities, and records of major purchases decided together
2. Nature of the household
Evidence that you run one household together.
- A lease at the same address in both names and your housing history
- Utility bills and mail arriving at the same address, and address records such as driver licences
- Statements about how you share housework, and photos of everyday life together
- If you have children, documents about raising them together
3. Social aspects
Evidence that you are known as a couple to those around you.
- Supporting statements from family and friends who know the relationship — usually on Form 888; statements by Australian citizens or permanent residents carry particular weight
- Photos together, joint invitations, attendance at family events, and records of trips together
- How the relationship appears on social media, and joint memberships or club activities
4. Nature of the commitment
Evidence of a long-term commitment to each other.
- Each partner's statement about how the relationship began and developed
- Records of contact (calls, messages) during periods spent apart
- Naming each other as beneficiaries of insurance, superannuation, or wills
- Future plans such as marriage plans or long-term living arrangements
Cost, processing time, work, travel, Medicare
Cost: from 1 July 2026 (FY2026-27) the base application fee increased to AUD $11,710 for the main applicant (applications lodged before 1 July 2026 paid $9,365). This single payment covers both the temporary and permanent stages. On top of this come additional applicant charges and separate costs for health examinations, police certificates, translations, and card surcharges. Check the exact amount with the visa pricing estimator on immi.homeaffairs.gov.au.
Application fees in detail (from 1 July 2026, FY2026-27)
First-instalment amounts for the partner visa (both 820/801 and 309/100). Source: Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026 — in force from 1 July 2026.
| Item | Amount |
|---|---|
| Base application charge (main applicant) | AUD $11,710 |
| Each additional applicant aged 18 or over | AUD $5,860 |
| Each additional applicant under 18 |
In your own language even if English is difficult — free interpreting
Even if you are not comfortable with English, you can go through the partner visa process in your own language.
- TIS National (131 450): a free phone interpreting service run by the government. Call from within Australia and say the language you want to use, and they will connect you with an interpreter.
- Documents often require a certified translation (such as NAATI), so check the English translation requirements for documents from your country of origin in advance.
- Because the outcome of a visa application depends greatly on individual circumstances, it is safer to consult a MARA registered migration agent or a lawyer for complex cases.
Frequently asked questions
Can an unmarried de facto relationship also apply?
Yes. A partner visa can be applied for not only by married couples but also by de facto partners. However, a de facto relationship usually needs to prove that you lived together for at least 12 months immediately before applying. Officially registering your relationship in one of six states/territories (NSW, VIC, QLD, SA, TAS, ACT) may exempt this 12-month requirement. WA and the NT have no registration scheme recognised for migration purposes. Same-sex partners can apply on the same basis.
Do I need to be inside Australia to apply, or outside?
Both are possible, but the pathways differ. If you are inside Australia at the time of applying, you apply onshore for subclass 820→801; if you are outside Australia, you apply offshore for subclass 309→100. The offshore visa (309) usually requires you to be outside Australia not only when you apply but also when a decision is made, so confirm in advance which pathway suits your situation.
How much does it cost?
From 1 July 2026 (FY2026-27) the base application fee is AUD $11,710 for the main applicant (applications lodged before 1 July 2026 paid $9,365). Because you apply for both the temporary and permanent stages at once, this amount covers both stages; each additional applicant costs $5,860 (aged 18 or over) or $2,935 (under 18). Separate costs such as health examinations, police certificates, translations, and card surcharges also apply. Check the exact amount with the visa pricing estimator on immi.homeaffairs.gov.au.
Can I work or travel overseas while it is being processed?
If your existing visa expires while onshore, you can usually stay lawfully and work without restriction on a Bridging visa A. However, if you leave Australia on a bridging visa and want to re-enter, you may need a separate Bridging visa B (BVB). The offshore visa (309) usually requires you to remain outside Australia until a decision is made. Whether you can enrol in Medicare depends on the visa stage and any agreement between your home country and Australia, so this needs to be checked separately.
Guides worth reading together
Guides that are helpful to read alongside the partner visa.
An at-a-glance look at Australia's main visa types and the basics of staying.
Medicare health guideWhether you can enrol in Medicare at each partner visa stage and how to use healthcare.
Australian citizenship guideRequirements and steps for applying for citizenship after permanent residence (801/100).
Adding family to a visa (subsequent entrant)How to add a partner, child, or other family member to a visa you have applied for or hold.
Official sources
- Partner visa 820/801 (apply in Australia)(opens in a new window)
Official guidance on the partner visa applied for inside Australia (subclass 820·801).
- Partner visa 309/100 (apply outside Australia)(opens in a new window)
Official guidance on the partner visa applied for outside Australia (subclass 309·100).
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