EMC Australia / Partner visa Australia · Married, de facto or engaged
Partner visas: stay together in Australia
A partner visa lets the spouse, de facto partner or fiancé(e) of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia. If you're applying from inside Australia, it's usually the Partner visa (subclass 820, then 801). From outside Australia, it's the subclass 309 and then the 100. If you're engaged and haven't married yet, it's the Prospective Marriage visa (subclass 300). For most couples, the government application charge is from AUD 11,710, and the temporary and permanent stages are assessed separately.
Every couple's path is a little different. Some of you are already living together in Melbourne, Sydney, Brisbane or Perth. Some of you are waiting overseas. Some of you are engaged and planning a wedding. Partner visa law has one set of rules, but the right visa depends on where the applicant is, whether you're married, de facto or engaged, and how long you've been together. We help couples across Australia and overseas, in person in Melbourne by paid appointment, or by Zoom, phone or message, to choose the right visa and put together an application that tells your story clearly.
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Who We Assist
Who We Assist
- You're living in Australia with your partner and want to stay together
- Your partner is overseas and you want them to join you in Australia
- You're engaged to an Australian and want to come here to marry
- You're a de facto couple and aren't sure the 12-month rule is met
- You're on a visa that's ending soon, or you don't hold a visa right now
- A partner visa was refused, or your relationship situation has changed
The visas
Explore Your Partner Visa Options
Australia has different Partner visa options depending on whether you are married, in a de facto relationship or planning to marry, and whether you apply from inside or outside Australia. Most Partner visa pathways involve a temporary or provisional stage followed by permanent residence, subject to meeting the requirements.
Apply in Australia
Partner visa (temporary)
You're in Australia, married or de facto, with an Australian citizen, permanent resident or eligible New Zealand citizen.
This is the first stage when you apply from inside Australia. You apply for the 820 and the permanent 801 together, in one application with one fee. Onshore partner applications get the highest processing priority. If your current visa is about to end, timing matters.
Read this visa pagePermanent · in Australia
Partner visa (permanent)
The permanent stage after the 820.
You're usually assessed for the 801 two years after you first applied. It can be sooner if you had already been together for three years when you applied, or two years if you have a dependent child together. You'll need fresh evidence that your relationship is still genuine and continuing.
Read this visa pageApply from outside Australia
Partner visa (provisional)
The applicant is outside Australia, married or de facto, with an Australian sponsor.
This is the overseas version of the 820. You must be outside Australia when you apply. Once it's granted, you can move to Australia, work and study while you wait for the permanent stage. Medicals, police certificates and the date you first enter Australia all need planning.
Read this visa pagePermanent · from overseas
Partner visa (permanent)
The permanent stage after the 309.
Like the 801, you're usually assessed two years after you applied, and sooner for long-term relationships. The relationship must still be genuine and continuing.
Read this visa pageApply from outside Australia
Prospective Marriage visa (fiancé visa)
You're engaged, you've met in person as adults, and you plan to marry.
It lets you come to Australia, marry within the visa period (9 to 15 months), and then apply for the 820/801 in Australia at a much lower fee. You must enter Australia on the fiancé visa before you marry. After that first entry, the wedding can be in Australia or overseas, as long as it's valid under Australian law.
Read this visa page
How EMC works
How we help
01
We find the right visa first
In Australia or overseas, married, de facto or engaged. We check the 12-month de facto rule, your current visa and any "no further stay" condition before anything is lodged. Starting on the wrong visa can cost months of waiting and a fee you won't get back.
02
We help you tell your story
Home Affairs looks at four things: your finances, your household, your social life as a couple, and your commitment to each other. We help you gather evidence for each one and write statements that someone who has never met you can follow.
03
We deal with the hard parts honestly
A past refusal, time spent apart, a previous sponsorship, a character concern, or no current visa. These are better addressed in the application than discovered later. We give you a straight answer on your options.
What to Prepare
What to Prepare for Your Consultation
- Both passports, and the applicant's current visa (including any bridging visa)
- Proof your partner is an Australian citizen, permanent resident or eligible New Zealand citizen (a passport or birth certificate; a driver's licence isn't enough)
- A short timeline: when you met, started living together, got engaged or married
- Anything showing your life together: a lease or mortgage, joint bills or accounts, travel, photos, messages
- Marriage certificate, or relationship registration certificate if you have one
- Birth certificates for any children
- Any previous visa refusal, cancellation or police matter, with the decision letter if you have it
- Details of any earlier partner visa your partner sponsored, or that either of you was sponsored on
Before you apply
Important Considerations Before Applying
- De facto couples usually need to have been in a de facto relationship for 12 months immediately before applying. Time spent dating or in an online relationship might not count. Registering your relationship with a state or territory registry (for example, in Victoria) is one of the exceptions.
- Where you are when you apply decides the visa. The 820 must be lodged in Australia, and the 309 and 300 from outside Australia.
- If you're in Australia without a substantive visa (that is, any visa other than a bridging visa), you'll usually need to show compelling reasons. Some documents must be included at lodgement or the application may be invalid.
- Sponsors face limits. Home Affairs may refuse if this is the third time you're sponsoring a partner, or if you sponsored a partner or were sponsored as one in the last five years. There are exceptions.
- The application charge isn't refunded if the visa is refused. Get the visa choice and the evidence right first. If you've had a refusal before, read our guide to reapplying after a partner visa refusal and see our appeals help.
Questions
Frequently Asked Questions
A partner visa lets the married or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia, first on a temporary visa and then permanently. If you apply in Australia it's the 820/801. If you apply from overseas it's the 309/100. Engaged couples who haven't married yet use the Prospective Marriage (fiancé) visa, subclass 300.
No. Married couples and de facto couples can both apply for a partner visa, including same-sex couples. What matters is that your relationship is genuine and continuing and that you've committed to a shared life together to the exclusion of all others. De facto couples usually also need 12 months together as a de facto couple before applying.
Usually you must have been in a de facto relationship for at least 12 months immediately before you apply. Home Affairs says time spent dating or in an online relationship might not count. The 12-month rule can be waived if you've registered your relationship with an Australian state or territory registry, if there are compelling and compassionate circumstances, or in certain humanitarian visa situations.
It mainly depends on where the applicant is on the day you apply. If they're in Australia and able to apply, it's the 820/801. If they're overseas, it's the 309/100. Under Ministerial Direction 117, onshore 820/801 applications get the highest processing priority, and offshore 309/100 and 300 applications get lower priority. Before choosing, check the conditions on any visa held in Australia, such as "no further stay".
A fiancé visa (Prospective Marriage visa, subclass 300) is for couples who are engaged and plan to marry. A spouse visa is a partner visa (820/801 or 309/100) for couples who are already married or in a de facto relationship. The fiancé visa is temporary. After the wedding, you apply in Australia for the 820/801 to stay permanently.
The government application charge for a partner visa is from AUD 11,710 for most main applicants, and it covers both the temporary and permanent stages. Holders of a current Prospective Marriage visa pay from AUD 1,955 when they apply for the 820/801. Each family member included costs extra. You'll also pay for medicals, police certificates and any translations. From 1 July 2026, a lower charge applies to eligible Pacific Island and Timor-Leste citizens.
Home Affairs' published figure for September 2026 is 22 months for partner temporary and provisional visas (subclasses 300, 309 and 820 combined). Times change every month, and each case is different. Onshore applications are given priority over offshore ones. The permanent stage is usually assessed two years after you applied, with its own processing time from that date.
Your sponsor is usually your partner, who must be aged 18 or over and an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Permanent residents and eligible New Zealand citizens must usually live in Australia. Home Affairs must approve the sponsorship. If your partner is under 18 and married to you, their parent or guardian may be able to sponsor you instead. Most sponsors must also meet character requirements. There are limits on sponsoring again, for example if this is the third time or if the sponsor sponsored a partner or was sponsored as one in the last five years.
If your relationship ends, you must tell Home Affairs, but you may still be eligible for the permanent visa in some situations, such as when your partner has died, when there has been family violence, or when you have a child with your former partner and you have custody, access or a court order for them, or your former partner has to pay child support. The family violence provisions mean you don't have to stay in a relationship where you fear for your safety or your family's safety. Get advice early. Help is available whatever your visa status. If you're experiencing family or domestic violence, you don't have to stay in an unsafe relationship to keep your visa options. For confidential support, call 1800RESPECT on 1800 737 732, any time. In an emergency, call 000. You can also read the Home Affairs page on the family violence provisions, or talk to us in confidence.
It depends on why you were refused and where you are now. If you were refused while in Australia, the law (section 48 of the Migration Act) may stop you applying for most visas while you're still here, although partner visas are one of the exceptions in some cases. A refusal can also affect your current visa. Your decision letter explains any review rights and the strict time limit for using them. Book a consultation before you lodge anything new.
Yes. We help couples all over Australia, including Sydney, Brisbane, Perth, Adelaide, Hobart, Darwin and Canberra, and overseas, by Zoom, phone or message. If you'd like to meet in person, you can book a paid appointment at our office at Level 14, 333 Collins Street, Melbourne. Partner visa rules are national, so where you live in Australia doesn't change the visa.
Discuss Your Partner Visa Options with EMC Australia
Whether you are planning to apply for a Partner visa, preparing relationship evidence or dealing with a more complex immigration situation, EMC Australia can help you understand the requirements and available options. Book a consultation with our team to discuss your circumstances and the next steps.
Other work
- Partner visa 820/801 (apply in Australia)
- Partner visa 309/100 (apply from overseas)
- Prospective Marriage (fiancé) visa 300
- 820 vs 309: which partner visa suits you?
- The four areas of partner visa evidence
- Partner visa costs explained
- Same-sex partner visa questions
- Parent and child visas
- If a visa was refused
- Becoming an Australian citizen
This page is general information, not advice about your circumstances. Australian migration law changes. You should consult a Registered Migration Agent before you apply. EMC Australia is OMARA-registered (MARN 1800335).