Partner Visa (Subclass 820/801)

Who Can Apply

You can apply for this pathway if you are:

• The spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
• 18 years of age or older
• In Australia when you lodge your application
• In a genuine and continuing relationship with your partner that is not a forced marriage

De Facto Relationship Duration

If you are in a de facto relationship (not married), the relationship must have existed for at least 12 months immediately before you apply. This 12-month requirement is waived if:

• Your relationship is registered with an Australian State or Territory registry of births, deaths and marriages
• You can demonstrate compelling and compassionate circumstances
• Your partner holds or held a permanent humanitarian visa and your de facto relationship existed before the visa was granted
• Your partner is an applicant for a permanent humanitarian visa

Relationship Requirements

You must demonstrate that your relationship is:

• Genuine and continuing — not superficial or entered into primarily for migration purposes
• Mutually exclusive — neither you nor your partner is in a relationship with anyone else
• Based on cohabitation — you live together or do not live permanently apart
• Not a forced marriage — you entered into it freely and with full understanding of what marriage means

Forced marriage is defined as marriage without free and full consent, obtained through trickery, threats, pressure, or incapacity to understand the nature of the marriage ceremony.

Visa Status Requirements

If you hold a substantive visa (such as a skilled visa, student visa, or work visa) when you apply, you can proceed with your application. You will be granted a Bridging Visa A automatically if your current visa expires before a decision is made, allowing you to stay lawfully in Australia.

If you do not hold a substantive visa and did not previously hold a Prospective Marriage visa (subclass 300), you must demonstrate that compelling reasons exist for the grant of a Partner visa. Your sponsor must provide statutory declarations confirming the relationship.

Regional Visa Holding Period

If you hold or previously held certain regional visas, you must have held that visa for a minimum period:

• Skilled – Independent Regional (Provisional), Subclass 475, or Subclass 487: at least 2 years
• Subclass 491 or 494: at least 3 years

No Further Stay Condition

Your current or previous visa must not have a condition 8503 (No Further Stay condition) unless you have obtained a waiver. If your visa has this condition, you must apply for a waiver before applying for the Partner visa.

Debt to Australian Government

You and any family members must not owe the Australian government money, or must have arranged to pay it back.

Australian Values Statement

You and any family members 18 years or older must read or have explained the Life in Australia booklet and sign an Australian Values Statement confirming you will respect the Australian way of life and obey Australian laws.

Health and Character Requirements

You and any family members applying must meet the health requirement and character requirement.

Health requirement: You must complete health examinations with approved panel doctors. Health examination results are valid for 12 months from completion.

Character requirement: You must provide:

• An Australian police certificate (National Police Certificate from the Australian Federal Police) if you spent 12 months or more in Australia in the last 10 years since turning 16
• Police certificates from every country where you spent 12 months or more in the last 10 years since turning 16
• Military service records or discharge papers if applicable
• Form 80 (Personal particulars for assessment including character assessment)

Police certificates are valid for 12 months from the issue date for immigration purposes.

Sponsor Requirements

Your partner (the sponsor) must:

• Be 18 years of age or older
• Be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
• Have no outstanding sponsorship obligations
• Not have previously sponsored two other partners (unless compelling and compassionate circumstances apply)
• Meet character requirements
• Be the same person who sponsored you for the temporary visa when your permanent visa is assessed

If your sponsor was granted a partner visa themselves in the last five years, they can only sponsor another partner after five years have passed since they lodged their own visa application, unless compelling and compassionate circumstances apply.

Family Violence Provisions

If you are experiencing domestic and family violence, you may still be eligible for the temporary and permanent Partner visas. The Department may grant the visa despite relationship changes if family violence is demonstrated.

Long-Standing Relationship Exemption

If you and your partner have been in a de facto relationship and/or married for at least 3 years before applying, or have been in a de facto relationship and/or married for at least 2 years and have children together, you may be assessed for the permanent partner visa (801) immediately after grant of the temporary visa, rather than waiting the standard 2 years.