To be eligible for applying for a partner visa (Temporary) (subclass 309 OR subclass 820) you must:

To be eligible for applying for a partner visa (Permanent) (subclass 100 OR subclass 801) you must:

Visa Requirements

• You must hold either a temporary Partner visa (subclass 820 OR subclass 309) or a Dependent Child (subclass 445) visa.
• 2 years must have passed since you applied for the combined (subclass 820 and 801) OR (subclass 309 and 100) visa for you to be eligible to be assessed for the permanent visa.
• If you were in a long-term relationship or your sponsor held a specific visa before you applied, you might be granted the permanent visa in less than 2 years. We will let you know if this applies to you.

Continue to meet relationship requirements

You must continue to be the spouse or de facto partner of the same person who sponsored you for the temporary Partner visa.

You must:

• be married or in a de facto relationship
• have a genuine and continuing relationship
• live together, or not live permanently separately and apart
• be mutually committed to a shared life excluding other partners.

Have no debt to the Australian government

Best interests of the child

In most cases, you must be the spouse or de facto partner of an:

• Australian citizen
• Australian permanent resident or
• eligible New Zealand citizen

This applies when you make your application and when your application is being decided.
Your relationship can be with someone of the same or different sex.

Married applicants

You are a married applicant if your marriage is valid under Australian law and:

• you have a mutual commitment with your spouse to the exclusion of all others
• your relationship is genuine and continuing
• you either live together or don’t live permanently apart
• you are not related by family

De facto partners

To be a de facto partner, you must be in a de facto relationship.

You and your partner are in a de facto relationship if:

• you are not married to each other
• you have a mutual commitment with your de facto partner to the exclusion of all others
• your relationship is genuine and continuing
• you either live together or don’t live permanently apart
• you are not related by family.

Usually, you must be in your de facto relationship for at least 12 months immediately before you apply for this visa.

The 12-month requirement will not apply if you can show us compelling and compassionate circumstances exist for you to be granted the temporary Partner visa (subclass 820 OR subclass 309).

To see if your relationship meets the requirements, speak to one of our migration consultants. (CTA)

Relationship Evidence

Applicants should provide sufficient and accurate information and evidence to prove the genuineness of their relationship in the following four aspects:

• Financial evidence: demonstrate how you and your partner share financial matters.
• Household responsibilities: show how you and your partner share domestic responsibilities.
• Social Aspect: Provide evidence of how your relationship is known to others.
• Mutual Commitment: Show how you are committed to a long-term relationship with each other.

If you and your spouse want to settle in Australia, apply for a Partner visa (subclass 820 and 801):

• after you are married
• before your Prospective Marriage visa ends.

Your marriage

• You must enter Australia on the Prospective Marriage visa before the date specified on your grant letter.
• You must have married your prospective spouse before your Prospective Marriage visa expires.
• You can get married in any country, but your marriage must be valid under Australian law.