If you’re married to, engaged to, or in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, a partner visa may let you live, work and ultimately settle in Australia. Skyline Migration Lawyers help couples prepare robust partner visa applications. Whether you’re applying from inside Australia (onshore) or from overseas, and advise on sponsorship, evidence gathering and pathway planning to permanent residence.
Book a free partner visa consultation
QUICK FACTS
• Main onshore pathway: Subclass 820 (temporary) → Subclass 801 (permanent).
• Main offshore pathway: Subclass 309 (temporary) → Subclass 100 (permanent).
• Prospective Marriage (Subclass 300) allows entry to marry and then apply for partner visa.
• Applications are lodged online (ImmiAccount); processing times vary — check Home Affairs monthly processing time metrics.
WHO THIS PAGE IS FOR
• People married to or in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen.
• Engaged people who plan to marry in Australia and then apply for a partner visa.
• Sponsors (Australian partners) who must meet sponsorship obligations and provide character checks and evidence of their relationship.
MAIN PARTNER VISA PATHWAYS
Onshore partner visa — Subclass 820 (temporary) → 801 (permanent)
- Apply if you are in Australia when you lodge. You’ll usually get a temporary 820 visa while the permanent 801 assessment is pending — the two-stage process assesses the genuine and continuing nature of the relationship.
Offshore partner visa — Subclass 309 (temporary) → 100 (permanent)
- Apply from outside Australia. The 309 is provisional and assessed first; after the required pathway period (normally around two years from lodgement) the permanent 100 visa stage is assessed.
Prospective Marriage visa — Subclass 300
- For fiancés/fiancées: lets you come to Australia to marry your sponsor and then apply for a partner visa. Be aware of the cost, processing time and documentary requirements.
KEY ELIGIBILITY PRINCIPLES
• A genuine and continuing relationship (married or de facto). Evidence is critical — joint finances, living arrangements, social evidence and statutory declarations.
• Sponsor eligibility — the Australian partner must be eligible to sponsor (citizen, PR or eligible NZ citizen) and meet character requirements.
• Health and character checks — medicals and police checks are commonly required.
DOCUMENT CHECKLIST
• Passports and identity documents for both partners.
• Proof of the relationship: marriage certificate (if married), joint bank accounts, joint leases, shared bills, photographs together with dates/locations, statutory declarations of friends/family.
• Evidence of financial interdependence: joint accounts, shared expenses, evidence of support.
• Proof of cohabitation (if de facto): lease agreements, utility bills, official letters.
• Sponsor documents: ID, proof of Australian citizenship/Permanent Residence/eligible NZ evidence, police checks as requested.
• Health assessments and police certificates where requested by the Department.
PROCESS & TYPICAL TIMELINE
• Lodgement: Most partner visa applications are lodged online via ImmiAccount.
• Bridging visas: Onshore applicants who apply while in Australia commonly receive a Bridging Visa A to remain lawfully while the application is processed.
• Two-stage assessment: After the temporary visa decision (820 or 309) the Department will later assess eligibility for the permanent visa (801 or 100) — typically after a period of review of continuing relationship evidence.
• Processing times: Times vary by stream, workload and country of lodgement; use the Department’s monthly processing times page for benchmarks and plan to apply well ahead of travel or settlement deadlines.
HOW SKYLINE MIGRATION LAWYERS CAN HELP
For applicants:
• Eligibility assessment and pathway planning (onshore vs offshore).
• Prepare a decision-ready partner application — relationship evidence, statements, statutory declarations and affidavits.
• Liaise with Home Affairs and respond to requests for information.
• Advise on review options if an application is refused (AAT/ART or other review rights where available).
For sponsors:
• Help meet sponsorship obligations, prepare sponsor statements and supporting evidence.
• Advise on compliance and future sponsorship obligations (e.g., financial or care undertakings where relevant).
Why use a lawyer: partner visa decisions are evidence-driven; poor documentation or weak evidence of relationship genuineness is a common reason for delay or refusal. We prepare files to reduce avoidable risk and manage communications with the Department.
COMMON QUESTIONS (FAQ)
Q — How long will my partner visa take?
A — Processing times vary by visa stream and your country of application. Check Home Affairs’ monthly processing times and plan for variability; some cases are prioritised for compassionate or urgent reasons.
Q — Can I work while waiting for my partner visa decision?
A — If you hold a Bridging Visa A (or other valid visa with work rights) you may be able to work — the exact conditions depend on the bridging/temporary visa you hold. Confirm your work rights when you receive a bridging visa.
Q — What happens if the relationship ends before the permanent visa is granted?
A — If the relationship breaks down, you must advise the Department. Your application may be refused unless there are compelling or compassionate reasons, or other grounds to proceed (seek urgent legal advice).
Q — Is marriage required for a partner visa?
A — No. You can apply as a de facto partner if you meet the relevant criteria (usually 12 months cohabitation evidence unless there are compelling exceptions), or as a married partner if legally married.
LEGAL DISCLAIMER
This page provides general information only and does not constitute legal advice. Partner visa rules, fees and processing times change. For personalised advice about your circumstances, book a consultation with Skyline Migration Lawyers and check the Department of Home Affairs for current official information.