Comprehensive Step-by-Step Guide to Securing a Partner Visa

Eligibility Requirements for Australian Partner Visas

If you are married, engaged, or in a de facto relationship, it’s essential to understand the eligibility criteria for an Australian partner visa. Same-sex marriages and partnerships are fully recognized, meaning you can apply for an onshore, offshore, or prospective marriage partner visa if you’re in a same-sex relationship.

Why Does Australia Offer Partner Visas?

As a multicultural nation where over 30% of the population is born overseas, Australia has many citizens and permanent residents with family abroad. The Family Migration Program exists to help reunite these individuals with their partners, offering various visa pathways for Australian citizens, permanent residents, and eligible New Zealand citizens to bring their spouse, de facto partner, or prospective spouse to Australia, both temporarily and permanently. However, to ensure partner visas are granted only to genuine relationships, the application process is thorough and resource intensive.

Types of Recognized Relationships

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

• Marriage
• De facto relationship
• Civil registered relationship
• Engagement with marriage plans

The Australian Government has strict guidelines for what constitutes these relationships under the law. Here’s a breakdown of these definitions:

Legal Marriage

To apply as a married partner, you must be married to an Australian citizen, permanent resident, or eligible New Zealand citizen. Your marriage must be legally recognized under the Australian Marriage Act 1961. The key conditions for a valid marriage include:

• Mutual commitment to each other to the exclusion of all others
• Proof of a genuine and ongoing relationship
• Cohabitation or not living permanently apart
• No familial relation

Additional criteria include:

• Real consent: The marriage must be voluntary and not a result of coercion, fraud, or pressure.
• Polygamy: Not recognized under Australian law.
• Age: Applicants must be 18 or older, although some foreign marriages involving minors may be recognized.
• Wings Migration Tip: Marriage certificates from religious or local leaders often aren’t recognized. Ensure you have documentation from an official government body.

De Facto Relationship

To be eligible as a de facto partner, you must be in a relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. The Department of Home Affairs defines a de facto relationship as:

• Cohabitation for at least 12 months
• Unmarried to each other
• Mutual commitment to the relationship to the exclusion of all others
• Proof that the relationship is genuine and ongoing
• No familial relation

The 12-month living requirement starts from when you move in together. Exceptions include:

• Inability to cohabitatedue to war, laws, or religious reasons.
• Dependent childrenshared with your sponsor.
• Wings Migration Tip: If you haven’t reached 12 months of cohabitation,
  consider strengthening your application with joint financial accounts, superannuation beneficiary listings,
  or shared, well-documented experiences like vacations.

Civil Registered Relationship

Registering a civil relationship can boost your eligibility for a partner visa if you don’t meet the de facto requirements. Most Australian states (except the Northern Territory and Western Australia) allow you to register your relationship with the local government, making it easier to prove your commitment.

Refer: Service Australia

Engagement with Marriage Plans

If you’re planning to get married, you may qualify for a Prospective Marriage Visa (subclass 300), which allows you to enter Australia to join your partner before your wedding. To be eligible, you must prove that you and your fiancé have met in person after turning 18, have ongoing contact that demonstrates the development of your relationship, and show concrete plans to marry in Australia within the visa’s validity period. Additionally, you must meet all conditions that define a legal marriage under Australian law. Evidence such as a Notice of Intention to Marry signed by an authorized marriage celebrant can bolster your application and show that your wedding arrangements are genuine.

What Qualifies as a Valid Engagement?

If you’re planning to marry and wish to join your partner in Australia, you may be eligible for the Prospective Marriage Visa (subclass 300). This visa allows engaged partners to enter the country ahead of their wedding. To apply, you must meet specific eligibility requirements that confirm your engagement is genuine and valid.

Here’s what you need to demonstrate:

• In-Person Meeting: You and your fiancé must have met in person after turning 18.
• Evidence of Ongoing Contact: Provide proof of continuous communication and how your relationship has grown, even while living apart.
• Marriage Plans: Show concrete plans to marry in Australia within the visa’s validity period.
• Compliance with Marriage Conditions: Meet all legal criteria for marriage as defined by Australian law.

Wings Migration Tip: Strengthen your application by including a Notice of Intention to Marry, signed and dated by an authorized marriage celebrant. This document serves as solid evidence that you have real, actionable plans to marry in Australia during your visa period.

Genuine Relationship

Proving a genuine relationship is often the most challenging part of a partner visa application. You must show the Department of Home Affairs that your relationship is ongoing and mutually committed. This process can take extensive time and effort, especially when preparing documents independently, often requiring 100+ hours. Even with professional help, applicants may still spend 40-60 hours gathering evidence.

The evidence should align with the four pillars:

1. Financial aspects: Proof of shared financial responsibilities (e.g., joint accounts, lease agreements).
2. Nature of household: Evidence of shared domestic duties (e.g., utility bills, joint mail).
3. Social aspects: Demonstrations of public acknowledgment of the relationship (e.g., joint events, supporting statements).
4. Commitment: Proof of long-term commitment (e.g., letters, relationship timelines, wills).

Sponsor Eligibility

The sponsor must:

• Be 18 or older and an Australian citizen, permanent resident, or eligible New Zealand citizen.
• Be separated from previous partners and meet sponsorship limits.
• Fulfill health and character requirements.

Health Requirements

All visa applicants must meet Australia’s health standards, which involve a mandatory medical examination to ensure they do not have any conditions that:

• Pose significant costs to the healthcare system
• Strain healthcare services that are already limited, affecting access for Australian citizens and residents

The government prioritizes detecting serious, costly, or communicable diseases such as tuberculosis, HIV/AIDS, and life-threatening conditions like cancer (unless in remission for at least five years). Conditions exceeding a $51,000 healthcare cost over a short-term visa or a 10-year period for permanent visas may lead to further assessment or the need for a health waiver—an often complex and lengthy process.

Less severe conditions, such as manageable chronic pain or high blood pressure, are usually not a concern.

Applicants will need to complete a medical questionnaire and undergo exams at an approved clinic, which will send results directly to the Department of Home Affairs. If an issue arises, the Medical Officer of the Commonwealth (MOC) may review the case and make recommendations.

Dependents and family members included in the application may also need to undergo health examinations.

Character Requirements

Applicants and sponsors need police clearances from each country they’ve lived in for 12+ months over the past 10 years. Serious convictions can lead to refusal, while minor infractions typically do not affect eligibility. Full disclosure is essential, as non-disclosure can result in application bans.

Other Eligibility Factors

Additional criteria include:

• Age: Generally, 18 or older.
• Debt: No outstanding debts to the Australian Government.
• Visa Type: Must hold a substantive visa.
• Truthfulness: Providing false information can lead to a 3-year application ban.
• Marital Status: You must not be married to anyone other than the partner in the application.

Wings Migration Tip: Be transparent with any past issues, as omissions can significantly impact your application.

The Three Types of Australian Partner Visas

Choosing the right partner visa depends on your specific circumstances. In Australia, the three main types of partner visas are:

• Onshore Partner Visa (subclass 820/801): For applicants applying while in Australia.
• Offshore Partner Visa (subclass 309/100): For applicants applying from outside Australia.
• Prospective Marriage Visa (subclass 300): For fiancés looking to enter Australia before their wedding.

Determining the Right Visa for You

Consider these key questions:

• Are you currently in Australia or overseas?
• Are you engaged or in a married/de facto relationship?
• What processing time can you accept?

Your location at the time of application and your relationship status will help identify the appropriate visa type. Processing times can vary significantly, especially for offshore applications, which may take 16 months or more.

Wings Migration Tip: Processing times on the Home Affairs website can be misleading. Offshore offices may vary greatly, with some processing in months and others taking years. Seek professional advice to find the best pathway, especially if considering transitioning from a short-term visa to an onshore partner visa.

A Comprehensive Guide to Applying for a Partner Visa

The partner visa process is divided into two key stages: short-term and permanent residency. This two-step approach allows the Australian Government to verify that the relationship is genuine and ongoing, minimizing the risk of fraudulent applications.

For those in long-term relationships—three years of marriage or de facto partnership (or two years if you share a dependent child)—you may qualify for both visas simultaneously.

Stage 1: Short-Term Partner Visa (Subclass 820/309)

Step 1: Collect Supporting Documents

The application requires extensive evidence to demonstrate your relationship’s authenticity. Documents may include joint financial records, utility bills, and personal statements. Organizing these documents can be time-consuming, so working with a migration agent can simplify the process.
Wings Migration Tip: Continue uploading updated documents to your Immi Account during processing, such as recent bank statements, to strengthen your case.

Step 2: Organize Evidence

Your evidence must meet specific government standards:

1. Master files: Combine similar documents (e.g., text logs) to simplify the review process.
2. Reformatting: Ensure all files meet size and format requirements.
3. Consistency check: Verify all dates and details match across documents.

Step 3: Submit Your Application

Use your Immi Account to:

1. Start a new application under the “Family” category.
2. Select “Stage 1 – Partner or Prospective Marriage Visa.”
3. Upload documents and pay the visa fee.
4. Submit your application and share your TRN with your sponsor.

Step 4: Complete Post-Submission Tasks

After submitting, you’ll need to:

1. Schedule a medical examination at an approved clinic.
2. Monitor processing times and respond promptly to requests from Home Affairs.
3. Apply for Medicare if eligible under a bridging visa.

Stage 2: Permanent Partner Visa (Subclass 801/100)

Once granted a short-term visa, you must wait two years before applying for permanent residency. You’ll need updated evidence, such as household bills, lease agreements, and new Form 888s from friends or family. Submit your permanent visa application through your Immi Account.

Common Mistakes to Avoid

• Sponsor Application Errors: Ensure your sponsor submits their portion of the application.
• Insufficient Evidence: Marriage certificates alone are not enough; include detailed proof of your relationship.
• Premature Submissions: If you lack strong evidence of cohabitation or commitment, consider delaying your application or consult a migration agent.

Tips for a Strong Partner Visa Application

• Choose the right visa subclass based on your relationship status and location.
• Provide clear, concise evidence aligned with government requirements.
• Avoid overloading your application with irrelevant documents.
• Work with a trusted migration agent to save time and minimize errors.

How Wings Migration Can Help

With years of experience, Wings Migration simplifies the complex visa process. Our team offers tailored guidance to ensure a seamless application experience. Unlike traditional agents, we provide personalized, lawyer-quality service at competitive rates—backed by a no visa- no fee guarantee*.
Ready to begin your journey? Let Wings Migration help make your migration dreams a reality.

About the Author

Satinder P. Singh

Satinder is a highly experienced Australian Registered Migration Agent and NAATI-certified translator with over 18 years of expertise. Over the past 8 years, he has successfully managed businesses, building on 9 years of experience in the Australian corporate sector. As a first-generation migrant from India, Satinder brings firsthand insight into the benefits and opportunities offered by Australia’s migration programs, making him uniquely equipped to guide others on their migration journey.