Partner Visas Australia

Build your future together in Australia

Our immigration lawyers help couples choose the right visa pathway, prepare relationship evidence and plan each stage of their life together in Australia.

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Partner Visas Australia

Build your future together in Australia

Our immigration lawyers help couples choose the right visa pathway, prepare relationship evidence and plan each stage of their life together in Australia.

15 Min Free Consultation

Understanding your partner visa options

The right pathway depends on where you are when you apply, your relationship, your partner’s citizenship or visa status and your own immigration history. Australian citizens, Australian permanent residents and eligible New Zealand citizens may sponsor an eligible spouse, de facto partner or prospective spouse. Other qualifying New Zealand citizens may bring eligible family members through subclass 461.

Marriage and de facto relationships

For the married and de facto partner pathways, the relationship must be genuine and continuing, with a mutual commitment to a shared life to the exclusion of others. A marriage certificate alone does not establish every requirement. De facto applicants generally need at least 12 months in the relationship immediately before applying, unless an applicable exception applies. Recognised relationship registration may address the duration requirement in eligible cases, but does not replace evidence of a genuine relationship. These pathways are available to eligible same-sex couples.

What relationship evidence should cover

  • Finances: shared expenses, financial support, joint commitments and explanations of how you manage money.
  • Your household: living arrangements, shared responsibilities and any reasons for living apart.
  • Social recognition: how family and friends know your relationship, supported by statements, visits and relevant records.
  • Commitment: your relationship history, communication, future plans and support for one another.

We help organise a consistent account of your circumstances, explain gaps and select documents that support it. The sponsor’s status, previous sponsorships and relevant character matters also require review. Dependent children may need dependency, custody and parental-consent evidence, alongside applicable health and character checks.

Check your visa position before applying

Being in Australia does not automatically make an onshore application available. Visa expiry, no further stay conditions, earlier refusals or cancellations and additional criteria for applicants without a substantive visa can affect your options. Seek advice before travelling, withdrawing another application or allowing your visa to expire.

Common partner visa questions

Is permanent residence automatic after two years?

No. The usual two-year point runs from combined lodgement and relates to eligibility for permanent-stage assessment. Updated evidence and the remaining criteria still matter; qualifying long-term relationships may be assessed earlier.

Can I work or travel while waiting?

Your rights depend on the visa you hold and its conditions. Check any bridging visa grant carefully before working or leaving Australia. An offshore partner application does not itself provide an Australian visa.

What if our relationship changes?

Tell Home Affairs about relevant changes and obtain prompt advice. Specific provisions may preserve eligibility in circumstances involving family violence, a sponsor’s death or relationship breakdown involving a child. Their application depends on the individual facts and visa stage.

Fees and processing times change. Our advice addresses your circumstances and the evidence needed; a grant or decision date cannot be guaranteed. See current Home Affairs partner visa guidance.

How our immigration lawyers help

Initial Consultation

We assess your relationship and visa options in a one-on-one consultation.

Evidence Support

We help you gather strong documents to prove your genuine relationship.

Case Management

We prepare and lodge your visa application and manage it professionally.

Decision & Next Stage

We explain the outcome, review visa conditions and help plan any permanent-stage evidence or further application.

Your relationship. Clear legal advice.

Our immigration lawyers assess the available pathway, develop a tailored evidence checklist, prepare the application and respond to Department requests. We also advise on visa conditions, sponsorship issues and changes in circumstances. Regal Migration Services is the migration services brand of Izadnia Lawyers Pty Ltd.

Compare the partner and family visa pathways

Subclasses 820/801 and 309/100 have temporary or provisional and permanent stages. They are stages of a combined partner visa application, rather than separate streams. Subclass 300 is a prospective marriage pathway requiring a further partner application after marriage. Subclass 461 is a distinct temporary family visa with no automatic permanent stage.

Onshore Partner Visas (subclasses 820/801)

For eligible spouses and de facto partners applying in Australia. The combined application covers the temporary 820 and permanent 801 stages. Permanent-stage assessment generally becomes available two years after combined lodgement, with earlier assessment possible in qualifying cases. Review current visa conditions and any bridging visa work or travel rights before making plans.

Offshore Partner Visas (subclasses 309/100)

For eligible spouses and de facto partners applying outside Australia. The provisional 309 allows residence while the permanent 100 stage is considered. Permanent-stage assessment generally becomes available two years after combined lodgement, subject to qualifying exceptions. The offshore application itself does not give you a bridging visa or permission to visit Australia.

Prospective Marriage Visa (subclass 300)

For eligible applicants applying outside Australia who intend to marry their Australian citizen, permanent resident or eligible New Zealand citizen partner. The visa normally permits a stay of nine to fifteen months from grant. Enter Australia on the visa and marry before it expires; marriage can occur in any country if valid under Australian law. Settlement requires a further 820/801 application after marriage and before expiry.

New Zealand Citizen Family Relationship Visa (subclass 461)

A five-year temporary visa for eligible family members who are neither Australian nor New Zealand citizens. The qualifying New Zealand citizen generally holds, or travels with you and is eligible for, a subclass 444 visa and is not an eligible New Zealand citizen for migration purposes. We check the family member’s current status before comparing this pathway with partner visas. Further grants require a new assessment.

Partner Visas Australia

Build your future together in Australia

Our immigration lawyers help couples choose the right visa pathway, prepare relationship evidence and plan each stage of their life together in Australia.

Book a consultation →

Understanding your partner visa options

The right pathway depends on where you are when you apply, your relationship, your partner’s citizenship or visa status and your own immigration history. Australian citizens, Australian permanent residents and eligible New Zealand citizens may sponsor an eligible spouse, de facto partner or prospective spouse. Other qualifying New Zealand citizens may bring eligible family members through subclass 461.

Application stages

1. Choose the correct pathway

For partners of Australian citizens, permanent residents or eligible New Zealand citizens, the usual pathways are onshore 820/801 or offshore 309/100. Subclass 300 is a separate prospective marriage pathway. Subclass 461 is a different temporary family pathway for qualifying family members of relevant New Zealand citizens.

2. Initial visa application and partner sponsorship

For 820/801 and 309/100, the applicant generally lodges one combined temporary/provisional and permanent application. The partner separately completes the sponsorship form. Relationship evidence, sponsorship eligibility and the applicant’s visa criteria are assessed. Partner sponsorship is not an employer nomination.

3. Temporary or provisional stage

The Department first assesses 820 or 309, unless the circumstances permit permanent assessment at the same time. Check the visa’s location requirements and actual bridging, work and travel conditions. An offshore partner application does not create an Australian bridging visa.

4. Permanent stage and other pathways

Permanent assessment for 801 or 100 is generally available two years after the original combined application, with updated evidence and possible earlier assessment for qualifying long-term relationships. A 300 holder normally needs a new combined partner application after marriage. A 461 holder has no paired permanent stage and must separately qualify for a further visa or another pathway.

Marriage and de facto relationships

For the married and de facto partner pathways, the relationship must be genuine and continuing, with a mutual commitment to a shared life to the exclusion of others. A marriage certificate alone does not establish every requirement. De facto applicants generally need at least 12 months in the relationship immediately before applying, unless an applicable exception applies. Recognised relationship registration may address the duration requirement in eligible cases, but does not replace evidence of a genuine relationship. These pathways are available to eligible same-sex couples.

What relationship evidence should cover

  • Finances: shared expenses, financial support, joint commitments and explanations of how you manage money.
  • Your household: living arrangements, shared responsibilities and any reasons for living apart.
  • Social recognition: how family and friends know your relationship, supported by statements, visits and relevant records.
  • Commitment: your relationship history, communication, future plans and support for one another.

We help organise a consistent account of your circumstances, explain gaps and select documents that support it. The sponsor’s status, previous sponsorships and relevant character matters also require review. Dependent children may need dependency, custody and parental-consent evidence, alongside applicable health and character checks.

Check your visa position before applying

Being in Australia does not automatically make an onshore application available. Visa expiry, no further stay conditions, earlier refusals or cancellations and additional criteria for applicants without a substantive visa can affect your options. Seek advice before travelling, withdrawing another application or allowing your visa to expire.

Common partner visa questions

Is permanent residence automatic after two years?

No. The usual two-year point runs from combined lodgement and relates to eligibility for permanent-stage assessment. Updated evidence and the remaining criteria still matter; qualifying long-term relationships may be assessed earlier.

Can I work or travel while waiting?

Your rights depend on the visa you hold and its conditions. Check any bridging visa grant carefully before working or leaving Australia. An offshore partner application does not itself provide an Australian visa.

What if our relationship changes?

Tell Home Affairs about relevant changes and obtain prompt advice. Specific provisions may preserve eligibility in circumstances involving family violence, a sponsor’s death or relationship breakdown involving a child. Their application depends on the individual facts and visa stage.

Fees and processing times change. Our advice addresses your circumstances and the evidence needed; a grant or decision date cannot be guaranteed. See current Home Affairs partner visa guidance.

How our immigration lawyers help

Compare the partner and family visa pathways

Subclasses 820/801 and 309/100 have temporary or provisional and permanent stages. They are stages of a combined partner visa application, rather than separate streams. Subclass 300 is a prospective marriage pathway requiring a further partner application after marriage. Subclass 461 is a distinct temporary family visa with no automatic permanent stage.

Discuss your circumstances

Our immigration lawyers can assess eligibility, identify the evidence needed and explain the next steps for your circumstances.

Book a consultation or call (03) 9013 5600. Tell us promptly if your visa is expiring or a response or review deadline applies.

General information. Requirements, fees and processing times can change. Check the current Home Affairs guidance linked above and obtain advice about your individual circumstances.