Migration Point

Partner Visa (Apply in Australia)

Partner Visa (Apply in Australia)

Allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.

You apply for the temporary and the permanent partner visas together.

 

Partner visa (Temporary) Subclass 820

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 801).

  • ​​​​​​​​​​​​​​This is a temporary visa
  • This leads directly to the permanent Partner visa
  • You must be in Australia when you apply

Stay

Temporarily while the department processes your permanent Partner visa (subclass 801) application or it is withdrawn.

Cost

From AUD7,715 for most applicants. From AUD1,285 for Prospective Marriage visa (subclass 300) holders. 

You pay for the temporary and the permanent visa at the same time.

Processing Time

  • 75% of applications: 23 months
  • 90% of applications: 28 months

Partner visa (Permanent) Subclass 801

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia permanently. It is usually only for people who currently hold a temporary Partner visa (subclass 820).

  • ​​​This a permanent visa
  • You must hold a temporary Partner visa (subclass 820)

Stay

Permanently

Cost

You paid for this visa when you made your combined application for the  temporary and permanent partner visas.

Processing Time

  • 75% of applications: 15 months
  • 90% of applications: 19 months

Eligibility

Meet relationship requirements

In most cases, you must be the spouse or de facto partner of an:

  • Australian citizen
  • Australian permanent resident or
  • eligible New Zealand citizen

Your relationship can be with someone of the same or different sex.

You might still be eligible for the visa if your relationship breaks down or your sponsor dies while the department is considering your application.

 

Married applicants

To be a married applicant:

  • you and your spouse must both be committed to a shared life together to the exclusion of all others
  • your relationship with your spouse must be genuine and continuing
  • you must live with your spouse or do not live apart on a permanent basis
  • your marriage must be valid under Australian law

To find out if your marriage is valid under Australian law, contact the relevant state or territory agency for births, deaths and marriages.

De facto partners

To be a de facto partner, you must be in a de facto relationship.

  • you and your partner are in a de facto relationship if all these apply:
  • you are not married to each other
  • you are committed to a shared life to the exclusion of all others
  • your relationship is genuine and continuing
  • you live together or do not live separately and apart on a permanent basis
  • you are not related by family

Usually your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.

The 12-month requirement will not apply if you can show the department compelling and compassionate circumstances exist to grant the subclass 820 visa.

The 12-month requirement also will not apply if:

  • your partner holds or held a permanent humanitarian visa
  • your de facto relationship existed before the department granted their visa
  • your de facto partner told us about the relationship before the department granted their visa 

It also will not apply if you:

  • are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or
  • you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages

You might still be granted the temporary visa if your relationship has broken down or if your sponsor died. 

Have a sponsor

You and anyone who applies for the visa with you must have a sponsor when you lodge your application and when you are on this visa.

Your sponsor is usually your partner.

The department must approve your sponsor. There are limitations on approval.

You can’t change your sponsor. The person who sponsors you when you apply for the visa must be same person who sponsors you for 2 years after the department grants your temporary 820 Partner visa.

Be the right age

Married applicants must usually, be 18 or older when they apply. This is because usually, you must be 18 or older to be married under Australian law.

Applicants in de facto relationships must be 18 or older when they apply.

Meet the health requirements

You, and any members of the family unit or dependent child who applies for the visa with you, must meet our health requirement. Family members who don’t accompany you to Australia might also need to meet our health requirement.

 

Meet the character requirement

You, and any members of the family unit or dependent child who applies for the visa with you, must meet our character requirement.

Documents

Identity documents

Provide a birth certificate showing the names of both parents.

If you can’t provide this, provide one of the following:

  • identification pages of a family book showing the names of both parents
  • identification pages of an identification document issued by the government
  • identification pages of a court-issued document that proves your identity
  • identification pages of a family census register

Also provide:

  • the pages of your current passport showing your photo, personal details and passport issue and expiry dates
  • a national identity card, if you have one
  • proof of change of name, if applicable, such as:
    • a marriage or divorce certificate
    • change of name documents from an Australian Registry of Births, Deaths and Marriages, or the relevant overseas authority
    • documents that show other names you have been known by

 

 

Your relationship with your partner

If you are married, provide your marriage certificate or other evidence that your marriage is valid in Australia. If you are a de facto partner, provide proof of your de facto relationship.

This proof should show that:

  • you have a mutual commitment with your spouse of de facto partner to the exclusion of all others
  • your relationship is genuine and continuing
  • you either live together or don’t live permanently apart
  • you are not related by family

Tell us in writing about:

  • how, when and where you first met
  • how the relationship developed
  • when you moved in together, got engaged or married
  • what you do together
  • time you spent apart
  • significant events in the relationship
  • your plans for the future

Finances

Show us how you and your partner share financial matters. You could give us:

  • joint mortgage or lease documents
  • joint loan documents for major assets like homes, cars or major appliances
  • joint bank account statements
  • household bills in both names

Your household

Show us how you and your partner share domestic matters. You could give us:

  • a statement about how you share housework
  • household bills in both names
  • mail or emails addressed to you both
  • documents that show joint responsibility for children
  • documents that prove your living arrangements

Social matters

Show us evidence that others know about your relationship, such as

  • joint invitations or evidence you go out together
  • proof you have friends in common
  • proof you have told government, public or commercial bodies about your relationship
  • proof you do joint sporting, cultural or social activities together
  • proof you travel together

Commitment

Show us how you are committed to a long-term relationship with each other. You could give us:

  • proof you have knowledge of each other’s background, family situation or other personal details. You could tell us this at an interview
  • proof you have combined your personal matters
  • the terms of your wills
  • proof you stay in touch when apart

 

Additional proof of a de facto relationship

In addition to documents proving your relationship, show us you have been in your de facto relationship for at least 12 months before you applied for this visa.

If you haven’t been in the relationship for 12 months, tell us in writing why the 12-month requirement does not apply. For example:

  • provide evidence you have registered your relationship with an Australian births, deaths and marriages agency, or
  • explain any compelling and compassionate circumstances exist to grant the visa

Other relationships

If you have previously been married, widowed, divorced or permanently separated, provide divorce documents, death certificates, separation documents or statutory declarations.

Character documents

Provide an Australian police certificate if you have spent a total of 12 months or more in Australia in the last 10 years since you turned 16.

The department only accepts complete disclosure National Police Certificates issued by the Australian Federal Police. The department does not accept standard disclosure certificates or national police certificates issued by Australian state or territory police.

Also provide:

  • an overseas police certificate from every country, including your home country, where you spent a total of 12 months or more in the last 10 years since you turned 16
  • military service records or discharge papers if you served in the armed forces of any country

Complete and provide Form 80 Personal particulars for assessment including character assessment.

Dependants under 18 documents

For every dependant under 18 years old who is applying with you provide:

  • identity documents
  • proof of your relationship with your dependant, like a birth or marriage certificate
  • character documents, if the dependant is 16 or 17 years of age
  • adoption papers or parental court orders, if applicable
  • proof of enrolment at school, college or university, if applicable
  • proof of sole custody, if applicable

Parental responsibility documents

You must get consent for any applicant under 18 years of age to migrate to Australia from anyone who:

  • has a legal right to decide where the child lives and
  • is not coming to Australia with the child

They must complete either:

  • Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years
  • a statutory declaration giving their consent for the child to visit Australia on this visa

Include:

  • an identity document that shows the signature and photo of the person who completed the form or declaration, such as a passport or driver’s licence
  • adoption papers or other court documents if applicable

Alternatively, you can show us:

  • an Australian court order that allows your child to migrate to Australia, or
  • that the laws of the child’s home country allow them to leave their home country

Dependants over 18 documents

To include your child who is over 18 in your visa application, they must be:

  • over 18 years of age but not yet turned 23, and dependent on you or your partner, or
  • over 23 years of age and unable to earn a living to support themselves due to physical or cognitive limitations and dependent on you or your partner

If your child is likely to turn 23 while your application is being processed, you will need to provide evidence they are dependent on you due to disability.

Provide:

  • identity documents
  • documents about their other relatioships, if applicable
  • character documents

You must also provide proof the child is dependent on you:

  • proof of your relationship with the dependent such as a birth certificate or adoption papers
  • a completed Form 47a Details of a child or other dependent family member aged 18 years or over
  • proof of financial dependence such as bank statements, money transfers and rent receipts

If the child is aged 23 or is likely to turn 23 while your application is being processed, you must also provide a report from a qualified medical practitioner that states they are dependent on you or your partner due to the total or partial loss of their bodily or mental functions.

Translate

Have all non-English documents translated into English.

Translators in Australia must be accredited by the National Accreditation Authority for Translators and Interpreters.

Translators outside Australia do not have to be accredited. But on each translation, they must include their:

  • full name
  • address and telephone number
  • qualifications and experience in the language they are translating

These details must be in English.

Note: You do not need to have any documents certified.

Visa outcome

You must be in Australia when the department decides your temporary visa application.

The department will let you know the decision in writing.

If your visa is granted, the department will tell you:

  • your visa grant number
  • the date your visa starts
  • your visa conditions, if applicable

Keep a copy of the decision.

If your visa is refused, the department will tell you:

  • why the visa was refused
  • whether you have a right to a review of the decision

The department will not refund the application fee if your application was refused.