Ultimate Guide to applying for a Partner Visa

Are you thinking about applying for an Australian partner visa? This is the most comprehensive guide to completing an Australian Partner visa application. 

You can engage a registered migration agent (RMA) or an immigration lawyer or even draft the application on your own (DIY). However, the pathway to securing a partner visa can be time-consuming and complex if you’re preparing your own application. 

It can be a challenging process, navigating ambiguous task instructions from the Department of Home Affairs and spending 100+ hours collecting, creating and reformatting 50-100 documents. 

But the more you know about the process, the easier it will be to decide which pathway is right for you. At Matilda, we want to make the process easy by empowering you with the right resources and tailored support to streamline your journey to permanent residency and, ultimately, Australian citizenship.

In this complete guide, we’ll walk you through everything you need to know about applying for an Australian partner visa.

In this guide, we'll cover:

• Eligibility requirements for partner visas - am I eligible for a partner visa?
• The three types of Australian partner visas - which visa should I apply for?
  • Onshore partner visas (subclass 820 and subclass 801)
  • Offshore partner visas (subclass 309 and subclass 100)
  • Prospective marriage visas (subclass 300)
• Your step-by-step guide to applying for a partner visa - how do I apply for my partner visa?
• Common partner visa application pitfalls to avoid
• Top tips to ace the partner visa application process
• How we can help with your partner visa application

Eligibility requirements for Australian partner visas

Whether you’re married, engaged or in a de facto relationship, it’s important to check what eligibility criteria you’ll be measured up against when applying for a partner visa.

Remember that same-sex relationships and same-sex marriage are recognised in Australia. That means you’ll be able to apply for an onshore, offshore or even a prospective marriage partner visa if you’re in a same-sex partnership.

Why does the Australian Government offer partner visas?

Australia is a multicultural country, with just over 30% of the country’s population born overseas. That means plenty of Australian citizens and permanent residents have family located outside Australia. 

Partner visas fall under Australia’s Family Migration program, which aims to “offer a range of visa options for Australian citizens, permanent residents and eligible New Zealand citizens to be reunited with their spouse, de facto partner or prospective spouse in Australia both in the short-term and permanently”.

However, the Australian Government needs to ensure that partner visas are only granted to genuine partners or family members, which is why the application process is so rigorous and resource-intensive for applications. 

Relationship type 

To be eligible for a partner visa, you must be in one of the following relationship types:

• A marriage 
• A de facto relationship 
• A civil registered relationship
• An engagement (with marriage plans already in place)

Importantly, the Australian Government has clear guidelines for defining these relationship types and what is considered a legal marriage, de facto relationship, engagement or civil registered relationship under Australian law. Let’s dive into these definitions. 

What is considered a legal marriage under Australian law?

To be an eligible married applicant, you need to be married to an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen at the time of submitting your application.

Under Australian law, your marriage needs to be legally recognised by the Australian Marriage Act 1961 in order to rely on your spouse for sponsorship.

The basic conditions of a legal marriage in Australia include:

• You’re mutually committed to your spouse to the exclusion of all others
• You’re able to prove your relationship is genuine and continuing (more on that in a sec!)
• You’re either living together or don’t live permanently apart
• You’re not related by family

Plus, there are more nuanced criteria you need to meet to prove your marriage is valid under Australian law, including:

• Lack of real consent: Your marriage must be entered into voluntarily. For example, your partner visa application will likely be unsuccessful if you’ve been forced into an arranged marriage under family duress or cultural pressure. Consent will only be considered ‘real’ if it wasn’t obtained by fraud or duress.
  
• Polygamous marriage: A marriage of two or more people is not recognised in Australia.
  
• Underage marriage: In Australia, you must be at least 18 years old in order to get married. However, there may be cases where foreign marriages where one or both parties are under 18) are recognised. 

Matilda Tip Marriage certificates from local village leaders or religious bodies aren’t typically recognised by the Australian Government. Instead, it’s important to provide documentation from the official government body where your ceremony took place.

What is considered a de facto relationship?

To be an eligible de facto applicant, you need to be in a de facto relationship with an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen at the time of submitting your application.

According to Home Affairs, a de facto relationship means:

• You have lived together for at least 12 months
• You’re not married to your partner
• You’re mutually committed to your partner to the exclusion of all others
• You’re able to prove your de facto relationship is genuine and continuing (more on that soon!)
• You’re either living together or don’t live permanently apart
• You’re not related by family

Generally, you need to be in a de facto relationship for a minimum of 12 months immediately before applying for a partner visa. 

But how do you know how long your relationship has been considered de facto? Broadly speaking, the clock starts ticking once you start living together. For example, if you’ve been with your partner for 20 months but have only been living together for five of those months, you’ll only be considered a de facto relationship for five months. 

However, there are exceptions to this rule:

• If you haven’t been able to cohabitate due to war, local laws or religious reasons, you can use these as compassionate reasons to boost your eligibility.

• If you have dependent children with your sponsor, this can also improve your chances of a successful application.

Matilda Tip If you’re currently in a de facto relationship but have been living together for less than 12 months, now is the time to start strengthening your application to provide more evidence of your relationship. Some practical steps you can take include opening joint bank accounts, listing each other as superannuation beneficiaries or going on a (well-documented!) holiday together.

What is considered a civil registered relationship?

Entering a civil registered relationship is another way to boost your eligibility for a partner visa, particularly if you don’t meet the requirements of a de facto relationship.

In most states and territories in Australia (with the exception of the Northern Territory and Western Australia), you can make your relationship official by registering with your local state or government. 

What is considered a valid engagement?

If you’re planning to get married you could be eligible for a Prospective Marriage Visa, allowing you to enter Australia to join your partners ahead of your marriage.

If you’re looking to apply for a Prospective Marriage Visa, you’ll need to meet the eligibility requirements for engaged applicants.

In practical terms, this means:

• You’ll need to prove you and your fiancé have met in person since you turned 18 years of age
• You’ll need to provide evidence of ongoing contact that demonstrates how your relationship has developed, even while living apart
• You’ll need to show you have plans in place to get married in Australia during your short-term visa period
• You’ll need to meet all the conditions of what’s considered a legal marriage in Australia

Matilda Tip A practical way to show the Department of Home Affairs that you have plans in place to get married in Australia during your temporary visa period is by providing a signed and dated Notice of Intention to Marry letter from an authorised marriage celebrant.

Genuine relationship 

Proving you’re in a genuine relationship tends to be the most complex and time-consuming part of preparing a partner visa application.

To qualify for a partner visa, you need to show Australia’s Department of Home Affairs that you’re in a genuine and continuing relationship of mutual commitment to the exclusion of all others.

Our research to date shows that it can take upwards of 100-200+ hours to collate, format and organise this evidence when DIYing a partner visa application. Even when working with a registered migration agent or immigration lawyer, applicants still spend around 40-60 hours on this task alone. 

Much of the confusion stems from uncertainty around how many documents to provide or the level of detail required. Plus, many couples find that they don’t have the right kinds of evidence on hand to support their application.

Partner visa applicants need to provide relationship evidence aligned with the four pillars of Australia’s partner visa program, including:

1. Financial aspects: You’ll need to provide evidence of financial aspects to prove that you share and pool your finances. Evidence can include shared bank account statements or joint mortgage or lease documents. 
   
2. Nature of household: You’ll need to show that you and your partner share domestic responsibilities. Evidence can include sharing household utility bills or receiving mail addressed to both of you.
   
3. Social aspects: You’ll need to demonstrate that others know about your relationship. Evidence can include supporting statements from friends or loved ones, joint travel plans or photo evidence of attending events as a couple.
   
4. Nature of commitment: You’ll also need to show you’re in a committed long-term relationship. Evidence can include letters, relationship statements and even the terms of your wills that demonstrate the length of your relationship, significant events you’ve shared and your level of commitment to each other.

Another key element to consider is documentation that shows your Relationship History. This involves preparing a written statement that details key milestones and moments in your relationship, such as:

• Explaining how, when and where you met each other
• Explaining how your relationship has developed over time
• Explaining when you moved in together and key milestones (like getting engaged or married)
• Explaining when and why you spent time apart and what you do together
• Creating a timeline of significant events in your relationship
• Revealing your plans for the future together 

Sponsor eligibility

Sponsor eligibility is one of the most overlooked parts of checking your partner visa eligibility. In order to be an eligible sponsor, your partner must:

• Be 18 years of age or older. 
• Be an Australian citizen, permanent resident or eligible New Zealand citizen. 
• Be permanently separated or divorced from any past partners (whether previously married or in a de facto relationship).
• Not having sponsored another person for a partner visa in the past five years. 
• Not have received a partner visa within the past five years—in most cases. 
• Not have successfully sponsored two or more different migrants for a partner visa over their lifetime.
• Not be married to someone else other than you as the applicant. 
• Meet Australia’s health and character requirements. 

Health requirements

No matter what type of visa you’re applying for, you’ll need to meet Australia’s minimum health standards. All visa applicants will need to undergo a medical examination to confirm whether or not they have a health condition, illness or disease that:

• Poses a significant healthcare and community service cost
• Will put demand on healthcare and community services that are in short supply and may limit the access of Australian citizens and permanent residents

The Australian Government is most concerned about ongoing, communicable diseases that are expensive to treat, such as tuberculosis, HIV and Aids and life-threatening diseases, such as cancer (unless you’ve been in remission for five years). 

Home Affairs considered a ‘significant healthcare cost’ as over $51,000 for the period of a short-term visa OR over $51,000 over a 10-year period for a permanent visa. However, if you fail to meet this threshold when applying for a partner visa, you may be able to apply for a health condition waiver—which can be a time-consuming, complex process.

In contrast, the government isn't as concerned about minor conditions such as high blood pressure or chronic pain that can be managed with inexpensive medication.

Once you submit your partner visa application, you’ll complete a medical questionnaire and will need to book a medical examination at an approved panel clinic. This clinic will send your medical results directly to the Department of Home Affairs. If an issue is flagged, you may be referred to the Medical Officer of the Commonwealth (MOC), who will make recommendations to Home Affairs as to whether you meet Australia’s health requirements or not.

If you’re applying for your dependent children or family members, they may need to complete a health examination, too.

Character requirements 

To be considered eligible for a partner visa, you’ll be measured up against Australia’s character requirements under section 501 of the Migration Act 1958.

To meet Australia’s character requirements, you’ll need to provide police clearances from each country you’ve lived in for 12 months or more in the past 10 years. If a significant issue is flagged, your application may be referred to the Character Unit, which can cause processing delays.

Plus, your sponsor will also need to provide police clearances for each country they’ve lived in for 12 months or more over the past 10 years.

Receiving a conviction with a custodial sentence of 12 months or more (even if this sentence was suspended) could result in your application being refused. In contrast, minor offences, such as fare evasion, generally don’t impact your eligibility. 

During your partner visa application, it’s important that you answer all questions truthfully, provide all information requested and declare all criminal activities you’ve engaged in. Non-disclosure of even minor offences can impact your eligibility as Home Affairs views this as lying to the Commonwealth—an act that can lead to a three-year ban on any further visa applications. 

Matilda Tip Remember that the Australian Government will detect your criminal record when reviewing your application, so it’s always important to be honest and declare any past criminal behaviour upfront.

Other eligibility factors

There are other eligibility factors that the Australian Government uses in relation to partner visas, including:

• Age: in most cases, you need to be 18 or over (as this is the legal age to be married under Australian law).‍
• Debt: you or your family members must not owe any debt to the Australian government.‍
• Current Visa: you need to hold a substantive visa and not hold certain regional visas.‍
• False information: You may be barred from submitting a new visa application for three-years if you’ve provided false information on a past visa application.‍
• Existing marriages: If you’re currently married to someone other than the partner you’re applying with, you’ll be ineligible for a partner visa.

The three types of Australian partner visas

Finding the right partner visa subclass is all about understanding which partner visa best aligns with your unique circumstances.

Luckily, we’ve done the hard work for you identifying everything you need to know about each partner visa category and how to figure out which partner visa is right for you.

In Australia, there are three types of partner visas you can apply for:

• Onshore partner visas (subclass 820/801): designed for applicants who are applying while in Australia.
  
• Offshore partner visas (subclass (309/100): designed for applicants who are applying while outside Australia.
  
• Prospective marriage visa (subclass 300): designed for international fiancés who are engaged and want to enter Australia before marrying their partner. 

What partner visa is right for me?

Figuring out which partner visa subclass is best suited to your situation really boils down to answering these three questions:

1. Where are you (the applicant) currently located?
2. Are you engaged or married/de facto?
3. What is an acceptable processing time for you? 

Here’s why. A big factor that determines the most appropriate partner visa subclass is whether you’re located inside or outside Australia when submitting your application. From there, the status of your relationship helps to narrow down your options further. 

When we talk about ‘acceptable processing time’, this is most relevant if you’re applying while outside Australia. We know that for offshore partner visas, 50% of applications are processed within 16 months. Would you be comfortable waiting upwards of 16 months to be reunited with your partner in Australia?

Matilda Tip The visa processing times listed on the Home Affairs website can be incredibly misleading for offshore partner visas. Each offshore office has its own average processing times, which can skew the accuracy of these average figures. For example, offices in Dubai have processing times of years, while offices in London and Berlin can offer processing within six to nine months.

There are other pathways to consider such as coming to Australia on another short-term visa (such as a tourist or working holiday visa) and then applying for an onshore partner visa. 

But this pathway can be fraught with complications, such as being stuck on a bridging visa for an extended period of time or needing to switch bridging visas if you want to travel outside Australia. That’s why it’s important to seek professional advice to find out if this option is right for your situation. 

To break things down even further, dive into this simple comparison graphic that can help you compare your partner visa subclass options in seconds.

Your step-by-step guide to applying for a partner visa

The partner visa process is split into two stages: the short-term and the permanent. By creating an additional checkpoint before receiving a permanent partner visa (and permanent residency), the Australian Government is able to ensure your relationship is genuine and continuing–lowering the chance of fraudulent applications being approved.

If you’re in a long-term relationship (meaning you’ve been in a de facto relationship or marriage for at least three years, or more than two years if you share a dependent child), you may receive your permanent partner visa at the same time you receive your short-term partner visa. 

Stage 1: Short-term partner visa (820 or 309 visa subclasses)

The first step in your partner visa journey is securing a short-term partner visa. 

You’ll need to provide some basic foundational information and evidence to your migration agent.If you’re working with a good migration agent they’ll do the heavy lifting of preparing your application for you.

If you’re taking the DIY approach to preparing your partner visa application, you’ll need to navigate the process on your own. Whether you’re applying onshore (820 visa) or offshore (309 visa), the application process follows these key steps:

Part 1: Gathering your supporting documentation 

First up, you’ll need to gather the evidence you’ll use to support your application. We’ll be honest: there is a lot of information to provide, which makes this an incredibly tedious, time-consuming process. 

Below, we’ve outlined the broad range of documents you may need to collate, organise and provide as part of your application.

Not every piece of evidence is going to be relevant for your application, which is why working with an RMA can be helpful (as they’ll be able to confirm exactly what documents are necessary for your personal circumstances and cut down the time it takes to prepare your application from 100 to 200+ hours to 40-60 hours or less).

Matilda Tip: You can continue uploading supporting documents to your Immi account while your application is being processed. Keep in mind that some documents (such as medical assessments and police clearances) are only valid for 12 months, and you’ll need to secure new documents if your processing time exceeds 12 months. It can be helpful to continue adding new documents, such as shared bank statements, if your initial application was light on supporting material.

So, what happens if your relationship doesn’t perfectly align with the Australian Government’s definitions or evidence requirements? 

While it does present some extra considerations for your application, there are steps you can take to boost your chances of a successful application, including:

• If you’re in a committed relationship, but don’t have shared assets together you could consider opening a joint bank account and using this to pay for shared housing, living or lifestyle expenses.
  
• If you don’t have both names on your household utility bills, consider providing other forms of evidence such as group messages with your property manager, recurring bank transfers or screenshots of text messages showing your shared housing obligations.
  
• If you’re in a de facto relationship but haven’t been living together for at least 12 months, you can show your level of commitment by nominating each other as your superannuation beneficiaries, listing each other as beneficiaries in your wills or registering your relationship with your local state or territory government. 

Part 2: Organising your supporting documents

With your supporting documents collected, it’s time to prepare this material to meet the Australian Government’s standards, including:

• Creating master documents: With an upload limit of 100 documents, collating similar documents into master files makes it easier for the government to review your application. For example, call logs and text message transcripts can be combined into one document titled ‘proof of contact whilst apart’.
  
• Reformatting documents: The Australian Government has specific rules when it comes to file size and file type of supporting material, which makes this one of the most time-consuming parts of preparing your application due to the volume of documents.
  
• Final document review: Lastly, consider how you can strengthen your application by checking that dates are consistent across all relevant documents and ensuring you always use the phrasing ‘partner’ (not “boyfriend/girlfriend”). 

Part 3: Submitting your short-term visa application

Now, it’s finally time to submit your application. Even once you’ve followed the steps below, the Department of Home Affairs may contact you for additional information or clarification. 

1. Login or create an ImmiAccount.
2. Choose 'New application'.
3. Select the 'Family' category.
4. Select 'Stage 1 - Partner or Prospective Marriage Visa'.
5. Fill out your application and attach any supporting documents.
6. Pay the visa application charge.
7. Submit your application.
8. Draft and submit the sponsor application using their own ImmiAccount.

💡 Matilda Tip: After lodgement, make sure to share your transaction reference number (TRN) with your sponsor, as they'll need to use this when completing their section of the sponsorship application.

Part 4: Post-submission tasks

Once your application has been submitted, you’ll need to:

• Organise your medical exam: Every applicant will need to do a medical examination from an approved panel clinic. Usually, this involves a physical exam, chest x-ray and blood and urine tests.
  
• Monitor visa approval processing times: Keep tabs on how your application is tracking and current processing time for your visa subclass.
  
• Respond to requests for information: If you receive a request for information from Home Affairs, make sure to respond and provide this information as soon as possible.
• Apply for medicare: You may be eligible to qualify for medicare, if you are onshore and go onto a bridging visa. 

Stage 2: Permanent partner visa and permanent residency (801 or 100 visa subclasses)

After receiving your short-term partner visa, you'll need to wait two years to submit the documents for your permanent partner visa (an 801 visa or 100 visa). 

Typically, you’ll need to provide updated versions of your current household bills, current lease agreements or mortgage statements, a new statement from your sponsor and two new supporting statements (form 888) from friends and family.

Here's how:

1. Login to your ImmiAccount.
2. Choose 'New application'.
3. Select the 'Family' category.
4. Select 'Stage 2 - Permanent Partner Visa Assessment'.
5. Fill out your application and attach any supporting documents.

With this permanent visa, you automatically become a permanent resident with full working rights and the ability to apply to become an Australian citizen after a certain period of time (usually four years after living in Australia and at least one year after receiving PR).

Common pitfalls to avoid in your partner visa application

Avoid the most common applicant mistakes and give your application the best chance of success with these expert tips and handy pointers from a Registered Migration Agent (RMA), Paula McGeown.

• Not getting your sponsor to submit an application: Your sponsor needs to submit an application as part of your visa application. Getting expert advice from an RMA can help you ensure you’re across the nuances of the partner visa application process, helping to avoid delays and extended processing times.
  
• Failing to provide enough evidence: Even if you and your partner are married with children, you still need to provide evidence of your relationship—beyond just your marriage certificate and children's birth certificates.
  
• Submitting your application too early: If you and your partner haven’t lived together for 12 months and don’t have good evidence to support your application, it’s best to hold off applying until you can meet these minimum threshold requirements. Alternatively, working with an RMA can help you understand what you can do to strengthen your application. 

Top tips to ace the partner visa application process

Discover how to put your best foot forward with these top tips for building a strong partner visa application:

• Figure out what visa type is right for you to focus your efforts and invest your time in the visa subclass that aligns with your relationship type and where you’re currently living.
  
• Learn how to sort the good from the bad when comparing registered migration agents to save time, stress and (potentially) thousands of dollars.
  
• Avoid going overboard with providing too many documents, which can cost you an extra 50-100+ hours of wasted time and effort.
  
• Understand what level of detail is necessary in different parts of your application so you know what areas need high accuracy.
  
• Tackle tasks in the right order to meet key deadlines, avoid any unnecessary delays in your processing times and avoid wasting time and effort on duplicate tasks.

👀 Keep Reading: If you’re wondering what makes a successful partner visa application and the documents required to show your relationship is genuine and continuing, you’re not alone. 

From processing times and managing expectations to deciding whether or not to work with a migration agent, we’ve curated your complete guide to the top 10 tips you need to build a strong partner visa application. 

Here’s how we can help

We know that partner visa applications can be complex and confusing..

We have processed over [50] partner applications and interviewed over [100] agents, so we know how to compile the perfect application.

Many applicants who engaged an RMA felt they spent thousands of dollars for “cookie cutter advice”  or still “spent every weekend knee-deep in documents”. Even when using an RMA, many applicants still felt overwhelmed by the complexity of preparing their application.

👀 Keep reading and discover what to look for in the best visa agents in Australia. Plus, don’t miss our definitive guide to the best migration agents for partner visas in Australia.

At Matilda, we’re on a mission to make migration exciting, not stressful. As a modern migration agency, our platform simplifies the partner visa application process. Our team has over 17 years of experience practising as migration agents and we have former visa processing officers as advisors.   This allows us to provide a lawyer-quality service at the price of a migration agent. We even offer a money-back guarantee* that ensures you’ll receive a refund of your Welcome fee if your visa application is not successful.

If your relationship circumstances are relatively straightforward, you might opt to prepare your application on your own. Find out more about the DIY vs Matilda Visa approach to see what’s right for your situation.

If you’re thinking about working with a RMA, find out how Matilda compares to a traditional migration agent.