Partner Visa
The Partner Visa is one of the most common — and most emotionally significant — migration applications in Australia.
It is intended for partners who wish to build a shared life with an Australian citizen, permanent resident or eligible New Zealand citizen, and it covers both married spouses and de facto partners.
Within this visa class, whether the relationship is recognised as genuine and continuing sits at the heart of the assessment and is the decisive factor in whether the application succeeds.
Structurally, the Partner Visa has two parallel pathways: an offshore pathway (where the applicant is outside Australia when the application is lodged) and an onshore pathway (where the applicant is in Australia and holds a valid visa at the time of lodgement).
Within each pathway, a two-stage structure applies: a Temporary visa is granted first, and the Permanent visa is then assessed approximately two years later.
The relevant subclasses are Subclass 300 (Prospective Marriage, offshore), Subclass 309 and 100 (offshore Partner — Temporary and Permanent) and Subclass 820 and 801 (onshore Partner — Temporary and Permanent).
The difficulty of a Partner Visa application does not lie in the legal text itself, but in the depth and consistency of the evidence.
Unlike many other visa categories, the Partner Visa assessment is not simply about whether the paperwork is complete — it is about whether the relationship between the applicant and the sponsor is real, mutual and deeply woven into everyday life.
In practice, the vast majority of refusals and remittals turn on evidence, not on legal eligibility.
At NS Legal, our work in Partner Visa matters focuses on the systematic construction of relationship evidence and careful management of procedural milestones: from sponsor eligibility assessment and relationship-type characterisation, through evidence checklists and the organisation of proof across the four pillars (financial, social, household, commitment), to bridging visa management during the wait and the eventual permanent stage assessment — at every step we work to secure the most stable pathway available under the law.
The Five Partner Visa Subclasses
The five Partner Visa subclasses are divided by place of application and assessment stage. Understanding this structure is the first step in determining the right pathway.
| Subclass | When it applies |
|---|---|
| Subclass 300 (Prospective Marriage Visa) | an offshore application for applicants who are not yet married but plan to marry an Australian citizen, permanent resident or eligible New Zealand sponsor in Australia. Once granted, the applicant typically has 9 months to enter Australia and complete the marriage, after which a Subclass 820/801 onshore Partner application is lodged. The category requires the couple to have met in person (not virtually) and to have a clear intention to marry. |
| Subclass 309 (Partner — Provisional, offshore Temporary) | an offshore application granted to applicants who are already married or who meet the de facto requirements. Once granted, the applicant can enter Australia and live lawfully while waiting for the Subclass 100 permanent assessment. |
| Subclass 100 (Partner — Permanent, offshore Permanent) | typically assessed approximately 2 years after Subclass 309 is granted. If the relationship is still genuine and continuing at that point, the permanent visa is granted; if the relationship has broken down (unless a family-violence exception applies), it cannot proceed to permanent. |
| Subclass 820 (Partner — Temporary, onshore Temporary) | an onshore application requiring the applicant to hold a valid visa at the time of lodgement. Once granted, the applicant has temporary residence rights pending the Subclass 801 permanent assessment. |
| Subclass 801 (Partner — Permanent, onshore Permanent) | typically assessed approximately 2 years after Subclass 820 is granted, on the same logic as Subclass 100. |
It is important to note that the onshore (820/801) and offshore (309/100) routes are alternatives, not options to combine — the applicant must be inside Australia at lodgement for the onshore route and outside Australia for the offshore route.
Before any short-term travel in or out of Australia, the timing should be confirmed with a legal representative to avoid prejudicing lodgement eligibility.
Eligibility — Relationship Requirements
The foundation of a Partner Visa application is a legally recognised partner relationship between the applicant and the sponsor. Under Australian migration law, this covers two categories:
- Married relationship: a marriage validly entered into under the Marriage Act 1961 (Cth), including same-sex marriages (recognised since the 2017 legislative change). Overseas marriages are generally recognised provided they were lawful in the place of celebration and do not offend Australian public policy.
- De facto relationship: an unregistered relationship in which two people live together as a couple. A de facto relationship is established under a tiered set of thresholds:
- Default requirement: the parties have lived together continuously for at least 12 months before the application is lodged;
- Registered relationship exception: where the relationship has been registered in an eligible Australian state or territory (such as NSW, VIC, QLD, ACT, TAS), the 12-month cohabitation requirement is waived;
- Compelling and compassionate circumstances: where compelling circumstances exist (for example, the parties have a child together, or have been separated long-term for visa, work or cultural reasons but the relationship is genuine), the 12-month requirement can be waived.
Regardless of whether the relationship is married or de facto, the application must show that the relationship meets the central legal standard — that it is genuine and continuing. This requires:
- mutual commitment to a shared life to the exclusion of all others;
- genuine existence of the relationship (not created for migration purposes);
- ongoing continuation of the relationship (not de facto separated or only formally maintained).
Not sure which Partner Visa pathway fits you?
The Four Pillars of Relationship Evidence
In practice, the Department of Home Affairs assesses the genuineness and continuity of a relationship across four dimensions, commonly referred to as the four pillars. Evidence should be organised so that all four are covered:
Financial Aspects
joint bank accounts, jointly held property or tenancy, shared bills, gifts to each other, joint purchase of major assets, mutual beneficiary nominations on insurance or superannuation, joint loan repayments or support;
Nature of the Household
shared address (utility bills, leases, address documents in both names), division of household responsibilities (housework, childcare, care for elders), shared everyday items and home setup, joint care of children or pets;
Social Aspects
recognition of the relationship by both families and friends (family activities, holiday gatherings, statutory declarations from friends in Form 888), public social-media interaction, joint attendance at weddings, funerals or religious occasions, and other socially significant events;
Nature of Commitment
long-term plans to live together, future migration/conveyancing/family plans, written statements about how the relationship began and developed (statement of relationship), long-term joint travel history, mutual support in difficult moments (medical, emergencies), and the emotional expression of commitment on both sides.
Three further dimensions of the evidence — variety, time-span and balance between the parties — are especially important: a large volume of evidence in only one category is not enough; evidence covering only the last few months lacks persuasive weight; and material that comes only from one side, with the other party absent, will be seen as imbalanced.
Sponsor Requirements and Limitations
A Partner Visa assesses not only the applicant but also the sponsor. A sponsor must meet the following basic requirements:
- Status: an Australian citizen, permanent resident, or eligible New Zealand citizen;
- Age: generally 18 years or older;
- Sponsorship limits: a person can generally sponsor no more than 2 Partner Visa applicants in their lifetime, with at least a 5-year gap between sponsorships (waivers are available in particular circumstances, but the threshold is high);
- Character requirements: following the 2021 sponsorship reform, sponsors are subject to a stricter character check (including an AFP National Police Check). A history of family violence, sexual offences, child abuse or other serious criminal matters can result in sponsorship being refused.
It is important to note that, since the 2018 Family Sponsorship Reform, Partner Visa applications follow a two-step structure: the sponsor must first lodge a sponsorship application and obtain sponsorship approval, before the visa application is formally assessed.
The intent of the reform is to give the Department more time to verify sponsor backgrounds. In practice, the sponsorship application and the visa application can be lodged together, but the Department will assess them in sequence.
Where a sponsor has a history of family violence allegations or other serious matters, sponsorship eligibility risk should be assessed with a legal representative before the application is lodged.
Family Violence Provisions
Regulations 1.21-1.27 of the Migration Regulations 1994 (Cth) provide the Family Violence Provisions — one of the most important humanitarian safeguards within the Partner Visa framework.
The central principle is straightforward: if the relationship breaks down because of family violence during the assessment of the permanent visa (100 or 801), the applicant may still be granted permanent residence, rather than being forced to leave because the relationship has ended.
The provisions exist to ensure that no applicant is forced to remain in a violent relationship out of fear of losing their visa. To rely on the Family Violence Provisions, an applicant generally needs:
- the Temporary visa to have been granted (for example, Subclass 309 or 820 is in effect);
- the relationship to have broken down (separation has substantively occurred);
- valid evidence of family violence, including:
- judicial evidence: a court-issued family violence order (DVO/ADVO/IVO), a criminal conviction record etc.;
- non-judicial evidence: statements (in the form prescribed by the Department) from qualified professionals such as doctors, psychologists, social workers, police officers, women’s shelters, or legal aid services;
- the applicant’s own statutory declaration setting out the events.
The definition of family violence is broad: it is not limited to physical violence and includes emotional abuse, psychological control, financial control, isolation, and stalking — reflecting Parliament’s intention to provide comprehensive protection for victims.
Where a client is exposed to a risk of family violence, the priority is always personal safety (calling 000 in an emergency, contacting 1800RESPECT and other crisis resources where appropriate) before any visa-procedural steps.
In matters involving family violence, NS Legal will prioritise safety coordination and connect the client with the relevant support services before working on the legal pathway.
Bridging Visa A During Processing
Onshore Partner Visa (820/801) applicants will generally be granted a Bridging Visa A (BVA) automatically once their application is lodged.
The features of the BVA make it the most important legal protection during the waiting period:
- Automatic grant: the BVA is generally granted automatically once a Subclass 820 application is lodged onshore, with no separate application required;
- Full work rights: BVA holders generally have unrestricted work rights and can work full-time lawfully in Australia;
- Activation: the BVA activates automatically when the substantive visa expires or is cancelled, ensuring that the applicant remains lawfully in Australia for the entirety of the 820 assessment;
- Travel restriction: a BVA holder who wishes to leave Australia must first apply for a Bridging Visa B (BVB) — otherwise the holder will be unable to re-enter Australia on the BVA and may be forced to have the application assessed from offshore.
Offshore (309/100) applicants are not on a BVA — they generally remain offshore while waiting for the 309 grant.
In practice, BVA work rights and travel management are among the most common areas of enquiry for Partner Visa applicants. We recommend applicants confirm BVA / BVB status before every departure to avoid misjudging the position.
Processing Times
Partner Visas are currently among the longest-processing visa categories in Australia.
In recent years, 75% to 90% of onshore Subclass 820 matters have been finalised within 18 to 36 months, with offshore Subclass 309 matters in a similar range, and some matters taking longer.
Processing times are affected by case complexity, the completeness of the evidence, Departmental queues and sponsor background checks.
Approximately 2 years after the Temporary visa is granted, the Department will contact the applicant and ask for additional evidence that the relationship is still genuine and continuing, so as to assess Subclass 100 / 801.
This stage is commonly referred to as the “Second Stage Assessment” — the “second hurdle” of the Partner Visa.
If the relationship is genuine at the first stage but has broken down by the second stage, the applicant cannot generally be granted permanent residence (unless the Family Violence Provisions or another exception applies).
The strategy for a Partner Visa application should therefore not stop at “getting the 820/309”.
The full 2-year wait should be planned out, with relationship evidence continually recorded and accumulated to prepare for the permanent assessment.
Common Refusal Reasons
In NS Legal’s experience, Partner Visa refusals tend to cluster around the following issues:
- insufficient or imbalanced relationship evidence: lack of evidence across time and across categories; only recent material; only one party’s material; the four pillars are not evenly covered;
- significant gaps in cohabitation records: long periods of separation, or inconsistent travel records that are not adequately explained;
- sponsor character issues: the sponsor fails the post-2021 reform character check, or has an undisclosed history of family violence or serious offences;
- sponsorship-limit issues: the sponsor has previously sponsored 2 Partner Visa applicants, or the 5-year minimum gap has not been met;
- sponsor’s own Partner Visa history: a sponsor who themselves obtained status via Partner Visa shortly before lodging a sponsorship can trigger additional scrutiny;
- inconsistencies between statements and supporting material: contradictions between the statement of relationship and Form 888 declarations, or between statements and the evidence set;
- doubts as to the genuineness of the marriage: where the assessing officer forms an overall view that the relationship carries a sham marriage risk — once formed, this assessment is very hard to reverse.
The key to avoiding refusal is not last-minute supplementation but the construction of a systematic evidence set well before lodgement.
What to Do If Refused
In the vast majority of cases, an applicant whose Partner Visa is refused has the right to seek merits review before the Administrative Review Tribunal (ART). Important points include:
- Onshore refusal: the applicant generally has 28 days from the refusal decision to lodge an ART review application. This 28-day window is a statutory time limit — once missed, the ART has no jurisdiction;
- Offshore refusal: the offshore applicant generally cannot lodge ART review themselves, but the Australian citizen / permanent resident sponsor can lodge as the review applicant;
- Status during review: onshore applicants who lodge ART review will generally be granted a fresh bridging visa (BVA/BVE) and can lawfully remain in Australia until the review is concluded;
- After ART: if ART affirms the refusal, the applicant can within 35 days seek judicial review before the Federal Circuit and Family Court, on legal-error grounds rather than a fresh merits assessment.
Review and judicial review are not simply “lodging again” — they require the original decision to be challenged on legal or factual grounds.
The review window is very short: missing the 28-day statutory deadline effectively closes the review pathway and leaves only very limited remedies. This is why seeking legal advice immediately after a refusal is critical.
How We Can Help
The NS Legal migration team’s role in Partner Visa matters is not simply form-filling but acting as relationship-evidence strategist and procedural gatekeeper. Our service to each client typically covers the following stages:
- Eligibility pre-screening: before formal engagement, we assess the applicant and sponsor’s basic eligibility, the type of relationship and the current state of the evidence, and identify the viable pathways (300 / 309-100 / 820-801);
- Sponsor eligibility assessment: we help the sponsor assess character, prior sponsorship history and the 5-year gap rule in advance, to avoid sponsorship refusals;
- Evidence checklist and organisation: we prepare a complete checklist across the four pillars, guide the client through systematic collection and categorisation, and professionally organise scattered material with a clear timeline index;
- Drafting statements: we assist both parties with the statement of relationship and friends/family Form 888 declarations, so that the statements speak to each other and align with the evidence set;
- Lodgement and follow-up: full preparation and lodgement through ImmiAccount; management of bridging visas; handling Departmental requests for further information (s 56 requests) during the assessment;
- Second stage assessment: after the Temporary visa is granted, ongoing accumulation of evidence in preparation for the permanent (100/801) stage;
- Post-refusal remedies: where the application is refused, prompt assessment of ART merits review prospects, lodgement within the 28-day window, and where required, escalation to judicial review or ministerial intervention.
Our aim is to ensure that at every stage the client knows where they stand, what to do next, and what to reasonably expect as the outcome.
Unsure whether your relationship evidence will hold up?
Frequently Asked Questions
Does a de facto relationship have to be registered? What is the difference between registering and not registering?
Not necessarily. If the parties have lived together continuously for at least 12 months, a 309/820 application can be lodged directly. However, registering a de facto relationship in an eligible Australian state or territory (such as NSW, VIC, QLD, ACT, TAS) waives the 12-month cohabitation requirement, which is highly useful for couples who have not yet reached 12 months of cohabitation because of visa, work or cross-border life circumstances. Registration is not itself proof of genuineness, but it is a powerful supporting piece of evidence in the assessment.
Do we have to marry before lodging?
No. Both a marriage (including overseas marriages valid where celebrated) and a de facto relationship can serve as the basis for an application. If the parties plan to marry in Australia, a Subclass 300 (Prospective Marriage) pathway is available — once granted, the applicant enters Australia, marries within 9 months and then lodges 820/801 onshore. If the parties are already in a de facto relationship, marriage is not required, but generally 12 months of cohabitation (or a registered relationship exception) is needed.
Are the Temporary visa (309/820) and Permanent visa (100/801) a single application fee?
Yes. The Partner Visa application fee is paid once and covers both the Temporary and the Permanent stages. Approximately 2 years after the Temporary visa is granted, the Department will commence assessing the Permanent stage on its own initiative — no further fee is payable and no fresh application is required, but additional relationship evidence is needed to demonstrate that the relationship is still genuine and continuing.
What happens if the relationship breaks down while waiting for the 100/801 assessment?
Usually, the breakdown of the relationship means the Permanent visa cannot be granted. There are several exceptions that may allow the visa to proceed: (1) the Family Violence Provisions, where the relationship has broken down because of family violence and the conditions in Regulations 1.21-1.27 are met; (2) shared children, where the parties have a child together and the applicant has ongoing parental responsibility; (3) death of the sponsor. Each of these has strict evidentiary requirements — legal advice should be obtained immediately.
Can I travel overseas on a Bridging Visa A?
A BVA does not in itself permit re-entry after departure — once a BVA holder leaves Australia, they cannot return on the BVA, and the application may be forced to assess from offshore. If travel is necessary (family, work, urgent matters), a Bridging Visa B (BVB) must be applied for and granted first, which then allows lawful departure and re-entry within a specified window.
Why is the Partner Visa processing time so long?
Partner Visa processing times have remained long in recent years (median 18-36 months for onshore Subclass 820), for several reasons:
- (1) application volumes have consistently exceeded the program ceiling
- (2) since the 2021 Sponsorship Reform, sponsor checks have been more rigorous and time-consuming
- (3) family-reunion visas are on a policy-driven slower track overall
- and (4) matters involve significant volumes of personal and documentary evidence that cannot be batch-processed
During the wait, the BVA generally protects the applicant’s right to live and work lawfully — we recommend using this time to steadily build the evidence base for the Second Stage Assessment.
Partner Visas are won on the evidence
From sponsor eligibility to organising proof across the four pillars, NS Legal helps you move through every milestone with confidence.