Partner Visa Australia 2026

The partner visa is one of the most applied for visas in Australia, and one of the most misunderstood. It is expensive, it is slow, and since April 2026 the Department of Home Affairs has made it clear that applications must be complete and decision-ready on the day they are lodged. There is very little room left for the old approach of lodging first and fixing things later.

This guide explains how the Australian partner visa system actually works in 2026: the difference between the onshore and offshore pathways, who can apply, what evidence the Department expects, what it costs, and how long it takes. It is written by the team at Skyline Migration Lawyers in Melbourne, who prepare and lodge partner visa applications for couples across Australia and overseas every week.

How the two-stage partner visa system works

Every Australian partner visa is a two-stage process, lodged as a single combined application with a single government fee.

Stage one is a temporary partner visa. Stage two is the permanent partner visa, which the Department assesses roughly two years after you lodge, provided the relationship is still genuine and continuing at that point. You do not pay a second application charge for the permanent stage, but you do need to provide fresh evidence when the time comes, and you must start the permanent stage assessment yourself in ImmiAccount. Missing that step is one of the most common mistakes the Department has flagged this year.

Onshore or offshore: 820/801 vs 309/100

Which pathway applies depends entirely on where the visa applicant is physically located on the day the application is lodged.

Subclass 820/801 (onshore). The applicant must be in Australia when the application is lodged. The 820 is the temporary stage and the 801 is the permanent stage. Most onshore applicants receive a Bridging Visa A when they apply, which lets them stay in Australia lawfully, and usually work, while the application is processed. If you are applying while holding no substantive visa, or your current visa carries a No Further Stay condition (8503), the position is far more complicated and you should get advice before paying anything.

Subclass 309/100 (offshore). The applicant must be outside Australia when the application is lodged. The 309 is the temporary stage and the 100 is the permanent stage. Offshore applicants can generally still visit Australia on another visa while waiting, but they cannot simply move here until the 309 is granted. For couples living in different countries, the evidence strategy for a 309 looks quite different to an onshore case, and it needs to be planned deliberately.

Engaged couples who are not yet married and do not meet the de facto requirements may instead need the Prospective Marriage visa (subclass 300), which allows entry to Australia to marry and then move onto the 820/801 pathway at a significantly reduced second fee.

Who can apply

The applicant must be the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. The Australian partner acts as sponsor, and sponsorship is a formal legal undertaking with its own requirements, including police checks. Sponsors are assessed, not just applicants.

Married couples need a marriage that is valid under Australian law. De facto couples generally need to show the relationship has existed for at least 12 months before lodging. That 12-month requirement can be waived if the relationship is registered with an Australian state or territory, for example under the Victorian relationships register, or if the couple has a dependent child together. For Melbourne couples who have not yet lived together for a full year, registering the relationship in Victoria is often the key that unlocks an earlier application.

The four pillars of relationship evidence

The legal test is whether the relationship is genuine and continuing. The Department assesses this across four categories, and a strong application carries weight in all four:

• Financial: joint accounts, shared bills and expenses, joint assets or loans, superannuation beneficiary nominations.
• Household: a joint lease or mortgage, correspondence to the same address, how domestic responsibilities are shared.
• Social: photos over time, joint travel, invitations addressed to you as a couple, and Form 888 statutory declarations from family and friends.
• Commitment: the history of the relationship, knowledge of each other’s lives, future plans, wills, and time spent together and apart.

Most refusals we review were not refused because the relationship was fake. They were refused because the evidence was thin or inconsistent in one or two of these categories, or because it was gathered early and never updated. Evidence needs to show the relationship is ongoing at the time of decision, not just at the time of lodgement.

What a partner visa costs in 2026

From 1 July 2026, the base visa application charge is $11,710 for the main applicant, up from $9,365 in the previous financial year. Additional applicants aged 18 or over attract a charge of $5,860, with a lower charge for dependants under 18. This single fee covers both the temporary and permanent stages. Prospective Marriage visa (subclass 300) holders moving onto the 820/801 pay a much lower charge of $1,955 because they have already paid a full charge for the 300.

The application charge is non-refundable, even if the visa is refused. On top of it, budget for health examinations, police certificates from every relevant country, certified translations, and any professional fees. Because charges are indexed each July and fixed on the day the Department receives your application, always confirm the current figure using the Department of Home Affairs Visa Pricing Estimator before you pay.

How long it takes

Partner visa processing times move around depending on the Department’s workload and the quality of the application. As a guide, recent Departmental data has shown around half of onshore 820 applications decided within roughly 17 months and 90 per cent within about two years, with offshore 309 applications in a broadly similar range. The permanent stage adds further processing time after the two-year eligibility date. Check the Department’s global processing times tool for current figures.

The single biggest factor within your control is completeness. Decision-ready applications, lodged with medicals, police checks and organised evidence up front, consistently move faster than applications lodged bare.

The April 2026 change: one request, no reminders

In April 2026 the Department issued a Partner Processing Newsletter that tightened how partner applications are handled. The headline change is a one-request approach: if something is missing or the Department has concerns, you will generally receive one opportunity to respond, with no follow-up reminders, and a decision will then be made on whatever is on file.

Combined with fees now exceeding $11,710, this means the safest strategy in 2026 is not clever, it is careful. Lodge complete, keep evidence current, keep your contact details up to date in ImmiAccount, and respond to any request properly the first time.

Frequently asked questions

Can I work while my partner visa is processing?

Onshore 820 applicants usually receive a Bridging Visa A with work rights once their previous visa ends, though conditions vary, so check yours on VEVO. Offshore 309 applicants have no Australian work rights until a visa is granted.

Do I pay again for the permanent stage?

No. The application charge covers both stages. You will, however, need to provide updated evidence and start the permanent stage assessment in ImmiAccount around the two-year mark.

We have been together less than 12 months. Can we still apply?

Possibly. Married couples are not subject to the 12-month rule, and de facto couples can often rely on registering their relationship with a state or territory, such as in Victoria, or on having a dependent child together.

What happens if my partner visa is refused?

Most onshore refusals carry review rights at the Administrative Review Tribunal, with strict deadlines. A refusal also has to be disclosed in future applications, so it is worth getting the application right the first time, and getting advice quickly if a refusal happens.

Should we use a lawyer for a partner visa?

There is no legal requirement to, but with a non-refundable fee above $11,710, multi-year processing and a one-request policy, professional preparation is a form of insurance. It matters most where there is any complication: previous refusals, limited time living together, visa conditions, or long-distance relationships.

Talk to a partner visa lawyer

Skyline Migration Lawyers prepares decision-ready partner visa applications for couples in Melbourne, across Australia and overseas. If you are planning to lodge, or your application has hit a problem, we can help.

Call 03 8108 8748 or email info@skylinemigrationlawyers.com.au