For the usual Australian partner visa pathways, the applicant is generally the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Engaged couples who are not yet married may instead need to consider the separate Prospective Marriage Visa (subclass 300).
This guide explains the main threshold questions. It cannot confirm that a particular application is valid or likely to succeed.
1. Choose the correct partner visa pathway
Location and relationship status affect which application may be available. Home Affairs currently describes the main pathways as follows:
- 820/801 onshore partner visa: the applicant applies in Australia for the temporary and permanent stages together.
- 309/100 offshore partner visa: the applicant applies outside Australia for the provisional and permanent stages together.
- Subclass 300 prospective marriage visa: an eligible applicant outside Australia applies to travel to Australia and marry their prospective spouse, then may later apply for the onshore partner pathway.
Start with our comparison of onshore and offshore partner visas, then read the detailed pages for 820/801, 309/100 and subclass 300.
2. Check the sponsoring partner's status
For the ordinary 820/801 and 309/100 pathways, the sponsoring partner is generally an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The sponsor is assessed separately and must provide information and supporting documents. Previous sponsorships, certain personal history and other restrictions can affect whether a sponsorship can be approved.
3. Meet the relationship definition
A married applicant must be in a marriage recognised for Australian migration purposes. A de facto applicant must meet the de facto relationship requirements. Home Affairs says the relationship requirement generally needs to be met both when the application is made and when it is decided.
The evidence should show the relationship as it genuinely operates. It is commonly organised across financial aspects, household arrangements, social recognition and the nature of the couple's commitment. Our partner visa document checklist guide explains those evidence areas.
4. Understand the 12-month de facto issue
Home Affairs states that de facto applicants usually need to have been in the de facto relationship for at least 12 months immediately before applying. Time spent dating or only in an online relationship may not count as time in a de facto relationship.
There are limited exceptions, including some registered relationships and particular compelling or humanitarian circumstances. Registration is not a substitute for proving that the relationship itself meets the applicable requirements. Do not assume an exception applies without checking the facts and current law.
5. Check age, location and current visa status
Married applicants must generally be at least 18 when they apply, and de facto applicants must be at least 18. The applicant's location at lodgement must match the selected pathway.
For an onshore 820 application, current visa status and any visa conditions or earlier refusal can be critical. Home Affairs states that an applicant who does not hold a substantive visa when applying—and who did not previously hold a subclass 300 visa—must demonstrate compelling reasons for grant. A possible section 48 bar, Schedule 3 issue or no-further-stay condition requires individual assessment before lodgement.
6. Meet health and character requirements
Applicants and relevant family members may need health examinations and character documents. Home Affairs currently asks for specified police certificates based on countries and periods of residence. Sponsors are also asked for Australian and relevant foreign police checks through the sponsorship process. Follow the current ImmiAccount document request and official visa-page instructions rather than relying on an old checklist.
7. Keep the relationship evidence current
Partner applications are not assessed only on the couple's position on the day of lodgement. Information must remain accurate, and updated relationship evidence may be needed before the temporary or permanent stage is decided. If circumstances change, including a separation, family violence or the sponsor's death, specific provisions and notification steps may apply.
Common misunderstandings
- Marriage alone does not guarantee a visa. The relationship and all other visa criteria still need to be satisfied.
- A large upload is not automatically strong evidence. Documents should be relevant, coherent and consistent with the forms and statements.
- Being in Australia does not automatically make an onshore application valid. Visa status, conditions, previous decisions and location requirements matter.
- The permanent stage is not automatic. Eligibility and the ongoing evidence are assessed under the applicable requirements.
Official sources checked
- Home Affairs: About partner visas
- Home Affairs: Partner visas—apply in Australia
- Home Affairs: Subclass 820 eligibility and documents
- Home Affairs: Subclass 309 requirements
- Home Affairs: Partner visa FAQs
Sources and page settings checked 15 July 2026. Home Affairs pages, legislation, forms and policy can change after publication.