Life in Australia Guide

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.

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).

State/Territory	Relationship registration
NSW	Available — Relationships Register Act 2010
VIC	Available — Relationships Act 2008
QLD	Available — Civil Partnerships Act 2011
SA	Available — Relationships Register Act 2016
TAS	Available — Relationships Act 2003 (deed of relationship)
ACT	Available — civil partnership or civil union registration
WA	No register — the 12-month cohabitation requirement applies as the default
NT	No register — the 12-month cohabitation requirement applies as the default

The list of relationship registrations recognised for migration purposes is set by the Commonwealth Acts Interpretation (Registered Relationships) Regulations 2019 (checked July 2026). WA and the NT have no registration scheme recognised under migration law, so you need to rely on 12 months of cohabitation or the compelling-circumstances exception. Even with a registration, you still need evidence that the relationship is genuine and continuing.

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	AUD $2,935

The temporary (820/309) and permanent (801/100) stages are covered by one combined two-stage charge — there is no further application fee at the permanent stage. If you entered Australia on a Prospective Marriage (subclass 300) visa, married that partner, and then apply for the partner visa in Australia, a reduced base charge of AUD $1,955 applies. A separate concessional rate (base $9,600) exists for holders of passports from Pacific-regional countries. The amount actually charged is set at the time of lodgement, so re-check with the visa pricing estimator.

How long does processing take? (official figures)

The Department of Home Affairs publishes global visa processing times, updated monthly. The figures below are from the update published on 26 June 2026 (covering applications finalised to 31 May 2026) and show how long it took for 50% (the median) and 90% of lodged applications to be processed.

Visa	50% processed (median)	90% processed
820 (onshore temporary)	20 months	25 months
801 (onshore permanent)	3 months	11 months
309 (offshore temporary)	16 months	27 months
100 (offshore permanent)	10 months	24 months

Processing times change frequently with application volumes and how complete your documents are. The permanent stage (801/100) generally only becomes eligible for assessment about two years after the initial application date, and the figures above reflect the processing of that stage. Check the latest figures on the Home Affairs global visa processing times page.

Work and travel during processing

If your existing visa expires while onshore, you can usually work without restriction on a Bridging visa A. To leave Australia on a bridging visa and re-enter, you may need a Bridging visa B (BVB). The offshore visa (309) usually requires you to remain outside Australia until a decision is made.

Medicare and the safety net

Depending on the visa stage and any agreement between your home country and Australia, you may be able to enrol in Medicare (see the Medicare guide for details). Also, in cases such as a relationship ending due to family violence, there is a way to continue your application under the family violence provisions, so if you are facing difficulties, seek the official guidance and the help of a professional.

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.

Does permanent residence (801/100) come straight away?

Usually not. The temporary visa (820 or 309) is granted first, and the permanent stage (801 or 100) is generally assessed about two years after the initial application date. In the meantime you need to prove with further evidence that the relationship is continuing. In some cases — such as a long-term relationship or having children — permanent residence may be considered sooner without a temporary stage. There are also exception provisions (family violence provisions) for cases such as a relationship ending due to family violence, so check the official guidance.

How is this different from the Prospective Marriage visa (subclass 300)?

Subclass 300 is a temporary visa for a fiance — a partner you are not yet married to — and is applied for outside Australia. Once granted, you must enter Australia and marry within the visa period (usually 9 months), and after marrying you apply in Australia to convert to the partner visa (820/801). A reduced base application charge (AUD $1,955 from 1 July 2026) applies at that point. If you are already married or meet the de facto requirement, applying directly for the partner visa (820 or 309) is the usual path.

What happens if the relationship ends after applying? (including family violence)

If the relationship ends at the temporary stage, the visa generally cannot proceed. However, if the relationship ended because of family violence, the family violence provisions let you continue to be considered for permanent residence on your own, without the sponsor. Circumstances such as a child of the relationship are also taken into account. If you are in danger, contact 000 (emergency) or 1800RESPECT (1800 737 732) first — the visa question can be sorted out afterwards.

Life in Australia Guide

Partner/Spouse Visa (820/801 · 309/100, including de facto)

Partner/Spouse Visa (820/801 · 309/100, including de facto)

What is a partner visa? — Two pathways

Applying inside Australia — Onshore 820 → 801

Applying outside Australia — Offshore 309 → 100

De facto — 12 months of cohabitation and the relationship-registration exemption

Relationship evidence — The four areas

1. Financial aspects

2. Nature of the household

3. Social aspects

4. Nature of the commitment

Cost, processing time, work, travel, Medicare

Application fees in detail (from 1 July 2026, FY2026-27)

How long does processing take? (official figures)

Work and travel during processing

Medicare and the safety net

In your own language even if English is difficult — free interpreting

Frequently asked questions

Can an unmarried de facto relationship also apply?

Do I need to be inside Australia to apply, or outside?

How much does it cost?

Can I work or travel overseas while it is being processed?

Does permanent residence (801/100) come straight away?

How is this different from the Prospective Marriage visa (subclass 300)?

What happens if the relationship ends after applying? (including family violence)

Guides worth reading together

Official sources

Frequently Asked Questions

Partner/Spouse Visa (820/801 · 309/100, including de facto)

Partner/Spouse Visa (820/801 · 309/100, including de facto)

What is a partner visa? — Two pathways

Applying inside Australia — Onshore 820 → 801

Applying outside Australia — Offshore 309 → 100

Sponsor requirements — Who can be a sponsor

Sponsorship limits — two per lifetime, five years apart

De facto — 12 months of cohabitation and the relationship-registration exemption

Relationship evidence — The four areas

1. Financial aspects

2. Nature of the household

3. Social aspects

4. Nature of the commitment

Cost, processing time, work, travel, Medicare

Application fees in detail (from 1 July 2026, FY2026-27)

How long does processing take? (official figures)

Work and travel during processing

Medicare and the safety net

In your own language even if English is difficult — free interpreting

Frequently asked questions

Can an unmarried de facto relationship also apply?

Do I need to be inside Australia to apply, or outside?

How much does it cost?

Can I work or travel overseas while it is being processed?

Does permanent residence (801/100) come straight away?

How is this different from the Prospective Marriage visa (subclass 300)?

What happens if the relationship ends after applying? (including family violence)

Guides worth reading together

Official sources

Frequently Asked Questions