If you are married to or in a genuine and continuing relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, you may be able to apply for an Australian Partner Visa.

The onshore Partner Visa program allows eligible couples to live together in Australia while providing a pathway to permanent residence. It is one of Australia’s most popular family migration pathways, but it is also one of the most evidence-intensive visa applications under Australian migration law.

Partner Visa applications require much more than completing forms. Applicants must satisfy legislative requirements relating to sponsorship, the relationship, health, character, and other eligibility criteria. Every application is assessed individually based on its own circumstances.

This guide provides an overview of the Partner Visa (Subclass 820/801), including eligibility requirements, the application process, common questions, and how CJMigration can assist.

Australia at a Glance

Visa Type: Temporary leading to permanent residence, where eligible

Visa Subclasses: 820 Temporary and 801 Permanent

Application Location: Generally lodged while the applicant is in Australia

Sponsor Required: Australian citizen, Australian permanent resident, or eligible New Zealand citizen

Family Members: Eligible dependent children may be included

Work Rights: Yes

Study Rights: Yes

Medicare: Eligible applicants may enrol, subject to Medicare requirements

Permanent Residence: Available through the Subclass 801 visa if legislative requirements continue to be met

CJMigration Tip: A well-prepared Partner Visa application tells the complete story of your relationship through clear, organised and consistent supporting evidence.

Is the Partner Visa Right for You?

The onshore Partner Visa may be suitable if you are already in Australia and are in a genuine relationship with an eligible sponsor.

You may be eligible if you are:

• legally married;
• in a genuine and continuing de facto relationship;
• in a registered relationship recognised under Australian law, where applicable;
• in a same-sex relationship;
• living together or temporarily living apart for genuine reasons; or
• in another circumstance recognised under Australia’s migration legislation.

Every relationship is unique. The Department of Home Affairs considers the overall circumstances of each application rather than relying on a single document or piece of evidence.

How the Partner Visa Process Works

The onshore Partner Visa generally follows a two-stage process.

Stage 1 – Partner Visa (Subclass 820)

The Subclass 820 visa is a temporary visa that allows eligible applicants to remain in Australia while their application is being processed.

If granted, it generally allows you to:

• live in Australia with your partner;
• work in Australia;
• study in Australia;
• enrol in Medicare if eligible; and
• travel in and out of Australia while the visa remains valid.

Stage 2 – Partner Visa (Subclass 801)

Most applicants are considered for the permanent Partner Visa (Subclass 801) approximately two years after lodging their combined application.

To be granted the permanent visa, you must continue to satisfy the relevant legislative requirements, including demonstrating that your relationship remains genuine and continuing, unless an exception applies under migration legislation.

Once granted, the Subclass 801 visa allows you to live in Australia permanently and may provide a pathway to Australian citizenship if you later satisfy the citizenship requirements.

Who Can Sponsor You?

To apply for a Partner Visa, you must be sponsored by an eligible person who is generally:

• an Australian citizen;
• an Australian permanent resident; or
• an eligible New Zealand citizen.

The sponsor must satisfy the sponsorship requirements under Australian migration law. Sponsorship is assessed separately from the visa application, and both the sponsor and the applicant must meet the relevant legislative requirements before a visa can be granted.

Relationship Requirements

One of the most important aspects of a Partner Visa application is demonstrating that your relationship is genuine and continuing.

The Department of Home Affairs assesses each relationship on its own merits, considering all information and supporting evidence provided. There is no single document that guarantees approval, and every couple’s circumstances are different.

Whether you are married or in a de facto relationship, your application should present a clear, consistent and accurate picture of your relationship.

CJMigration Tip: Preparing appropriate relationship evidence is often one of the most challenging parts of a Partner Visa application. Professional guidance can help ensure your application clearly and effectively presents your circumstances.

Health and Character Requirements

All applicants must satisfy Australia’s health and character requirements before a visa can be granted.

Depending on your circumstances, you may be required to:

• complete health examinations;
• provide police clearance certificates; and
• submit additional information requested by the Department of Home Affairs.

Completing these requirements promptly can help avoid unnecessary delays during processing.

How to Apply

Although every application is different, the Partner Visa process generally includes:

1. Confirm your eligibility.
2. Prepare the required documentation.
3. Lodge the sponsorship and visa applications.
4. Complete health and character requirements.
5. Respond to any Department requests.
6. Await a decision on your application.

Careful preparation before lodging your application can make the process smoother and reduce avoidable delays.

Bridging Visa and Work Rights

If you lodge a valid onshore Partner Visa application while holding an eligible substantive visa, you may be granted a Bridging Visa that allows you to remain lawfully in Australia while your application is being processed.

Depending on your circumstances, you may be able to:

• remain in Australia lawfully;
• work in Australia;
• access Medicare if eligible; and
• continue your daily life while awaiting a decision.

If you intend to travel overseas after lodging your application, you should seek advice before making travel arrangements.

Including Your Family

Eligible dependent children may be included in your Partner Visa application.

Each family member included in the application must satisfy the relevant legislative requirements, including health and character requirements where applicable.

If your family circumstances change after lodging your application, the Department should be notified as soon as possible.

Processing Times

Processing times vary depending on the individual circumstances of each application.

Factors that may influence processing include:

• the completeness of the application;
• the quality of supporting documentation;
• health and character clearances;
• requests for further information; and
• the Department’s processing priorities.

Preparing a complete and well-organised application may help minimise avoidable delays.

Visa Costs

Partner Visa applications involve government fees, and additional costs may apply depending on your individual circumstances.

These may include:

• the Department of Home Affairs Visa Application Charge;
• health examinations;
• police certificates;
• document translations;
• professional reports where required; and
• professional migration assistance.

As government charges are reviewed periodically, applicants should always confirm the current fees before lodging an application.

Common Reasons Applications Are Delayed or Refused

Many delays and refusals occur because important information is missing or the application has not been prepared thoroughly.

Common issues include:

• insufficient relationship evidence;
• inconsistent information;
• incomplete documentation;
• delays in meeting health or character requirements;
• failure to respond to Department requests; and
• misunderstanding the legislative requirements.

Every application is different, and careful preparation is essential.

Why Choose CJMigration?

Applying for a Partner Visa is about more than meeting legislative requirements—it is about presenting your relationship clearly, accurately and professionally.

At CJMigration, we understand that every couple has a unique story. We work closely with our clients to understand their circumstances, identify the most appropriate supporting evidence and prepare well-organised applications that address the relevant visa requirements.

Our services include:

• eligibility assessments;
• strategic migration advice;
• preparation of sponsorship and visa applications;
• guidance on supporting documentation;
• assistance with Department requests; and
• ongoing support from application through to permanent residence.

Whether your circumstances are straightforward or more complex, we are committed to providing practical, personalised migration solutions.

Key Takeaways

• The Partner Visa (Subclass 820/801) allows eligible couples to live together in Australia and provides a pathway to permanent residence.
• Applicants and sponsors must each satisfy Australia’s migration requirements.
• Partner Visa applications are assessed individually based on the evidence provided.
• Careful preparation and clear supporting documentation are essential.
• Professional advice can help reduce unnecessary delays and ensure your application is presented effectively.

Frequently Asked Questions

Can I apply while holding another visa?

In many cases, yes. However, your current visa conditions and personal circumstances will determine whether you can lodge an onshore Partner Visa application.

Can I work while my application is being processed?

Many applicants receive work rights through their Bridging Visa once it becomes active, although this depends on their individual circumstances.

Can I include my children?

Yes. Eligible dependent children may be included in your application if they satisfy the relevant visa requirements.

How long does the process take?

Processing times vary depending on the complexity of the application, the evidence provided and the Department’s workload.

Does the temporary Partner Visa automatically become permanent?

No. Most applicants are considered for the permanent Partner Visa (Subclass 801) approximately two years after lodging their combined application. The Department must be satisfied that all legislative requirements continue to be met before the permanent visa can be granted.

Why Early Preparation Matters

Partner Visa applications are often prepared over several months rather than a few days. Gathering relationship evidence, obtaining police clearances and ensuring the application accurately reflects your circumstances all take time.

Seeking professional advice early can help you understand your options, identify potential issues before lodging your application and prepare a stronger application from the outset.

Disclaimer

This guide provides general information only and does not constitute legal or migration advice. Australian migration legislation, policy, visa application charges and processing arrangements are subject to change. Eligibility depends on the law in force at the time a valid application is lodged. You should obtain professional advice based on your individual circumstances before making migration decisions.