Spouse Partner Visas


Australian partner visas allow an Australian citizen, permanent resident or eligible New Zealand citizen to sponsor their married partner to live in Australia on a temporary or permanent basis.

The partner visa category is one of the most common pathways for immigration to Australia offering both onshore (subclass 820/801) and offshore (subclass 309/100) visa options. It provides genuine couples with viable option to settle in Australia, which may lead to permanent residence in Australia.

Marrying the love of your life is perhaps that most exciting and life changing event that most of us will ever experience. To apply for a spousal visa based on your marriage, you must be legally married to your partner. If you were married in a country other than Australia, your marriage will generally be recognised as valid under Australian law.

All applicants for a Partner Visa must have an Australian sponsor. Your sponsor must provide a written statement pledging to support you for your first 2 years in Australia, including accommodation and financial assistance to meet your reasonable living needs.

As a part of the application process, you will be required to demonstrate the genuineness and ongoing nature of your relationship. You can do this by providing a range of documentation and statements in support of your application. Additionally, applications are assessed against Australian health and character requirements.

After the initial two-year period, you may be granted a permanent visa if you are able to provide evidence of your ongoing genuine relationship and live together or only live apart only on a temporary basis

Alternatively, for those applicants who been married for longer than three years or for two years and have a dependent child together, you may be eligible to seek permanent residency instead.


Onshore Spouse (subclass 820/801) Visa

The main visa eligibility criteria is:

- your relationship must be genuine, ongoing and mutually exclusive

- you both must either live together, or live apart only on a temporary basis

- you must be legally married

Your sponsor must not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)

or

not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances).

Importantly, you must be in Australia both at the time your application is lodged, and when your visa is granted.

If you are unlawfully in Australia at the time of your application, you must demonstrate that there are compelling reasons to justify the regularising of your immigration status.


Offshore Spouse (subclass 309/100) Visa

The main visa eligibility criteria is that:

- your relationship must be genuine, ongoing and mutually exclusive

- you both must either live together, or live apart only on a temporary basis

- you must be legally married

Your sponsor must not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)

or

not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances).

Importantly, you must be outside Australia both at the time your application is lodged, and when your visa is granted.

This visa, which is valid for approximately two years from the date of the application’s lodgement, allows you to enter Australia and remain there until your application for permanent residency has been decided by the Department of Home Affairs

While the visa is processing you can travel to Australia to visit your partner if you apply for and are granted a Subclass 600 Visitor Visa