VISA REFUSED OR CANCELLED? CALL 1300 558 472 · SAME-DAY CONSULTATIONS FROM $97

Partner Visa Australia: Complete Guide for 2026

NN
Nilesh Nandan
Immigration Lawyer · BBus(Accy) LLB MBA · 27 Years in Immigration Law
Published: 20 January 2026·Last updated: March 2026·
25 min read
·
3 Q&A
·Download PDF

The Australian partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia permanently. It is one of the most popular — and most complex — visa categories. I have been helping couples navigate partner visa applications for over 27 years, and in that time I have seen virtually every scenario — from straightforward married couples to complex de facto relationships, long-distance partnerships, and applications complicated by prior visa refusals or character concerns.

This guide covers everything you need to know about the partner visa in 2026: which subclass to apply for, what it costs, how long it takes, what evidence you need, the most common reasons applications are refused, and how to give yourself the strongest possible chance of approval.

Which Partner Visa Subclass Do You Need?

There are two main pathways depending on where you are when you apply:

Onshore: Subclass 820/801 (Partner Visa)

If you are in Australia when you apply, you lodge a combined application for the Subclass 820 (temporary) and Subclass 801 (permanent) partner visa. You receive the temporary visa first and, after approximately two years, are assessed for the permanent visa. While your application is being processed, you will generally be granted a Bridging Visa A, which allows you to remain in Australia with work rights.

Offshore: Subclass 309/100 (Partner Visa)

If you are outside Australia when you apply, you lodge a combined application for the Subclass 309 (temporary) and Subclass 100 (permanent) partner visa. You must be outside Australia when the temporary visa is granted.

Prospective Marriage Visa: Subclass 300

If you are engaged but not yet married, you may be eligible for the Subclass 300 Prospective Marriage Visa. This allows you to travel to Australia and marry your partner within 9 months, after which you can apply for the onshore partner visa (820/801) at a reduced application fee.

Processing Times (Updated April 2026)

Processing times have improved over the past 12 months, though they remain significant. The following times are based on the Department of Home Affairs published data and industry observations as at early 2026:

Visa SubclassCurrent Processing TimeNotes
Subclass 820 (temporary, onshore)12 – 20 monthsFrom date of application
Subclass 801 (permanent, onshore)6 – 15 monthsFrom eligibility date (2 years after 820 application)
Subclass 309 (temporary, offshore)12 – 21 monthsFrom date of application
Subclass 100 (permanent, offshore)6 – 15 monthsFrom eligibility date
Subclass 300 (prospective marriage)12 – 18 monthsFrom date of application

Important: These are indicative ranges. Your actual processing time will depend on the complexity of your case, the quality and completeness of your application, whether the Department requests additional information, and current processing priorities. Applications with incomplete documentation or adverse information will take significantly longer.

Tip: The single most effective way to reduce processing time is to lodge a complete, well-organised application from the outset. Applications that require multiple requests for information can add months to processing.

*Processing times are sourced from the Department of Home Affairs and industry data as at April 2026. Always verify current times on the [Department of Home Affairs website](https://immi.homeaffairs.gov.au).*

What Does a Partner Visa Cost? (Complete Breakdown)

The partner visa is one of the most expensive visa categories. Here is a realistic breakdown of the total costs you should budget for:

Government Fees

Fee TypeAmount (AUD)Notes
Base application charge$9,365Primary applicant (from 1 July 2025)
Reduced fee for Subclass 300 holders$1,560If you held a Prospective Marriage Visa
Additional applicant (18 or over)$4,685Per additional adult applicant
Additional applicant (under 18)$2,345Per additional child applicant
Second instalment (if applicable)$5,090Only if functional English not met

Other Costs to Budget For

Cost ItemEstimated Range (AUD)Notes
Medical examination$300 – $500 per personPanel doctor fees vary by location
Police clearances$50 – $150 per countryRequired for every country lived in 12+ months since age 16
Document translation (NAATI)$50 – $150 per documentAll non-English documents must be translated
Statutory declarationsFreeIf self-prepared; solicitor witnessing may cost $20–$50
Photographs and evidence preparation$50 – $200Printing, organising, binding
Professional legal feesVariesDepends on complexity — a clear estimate is provided after initial consultation

Total Realistic Budget

For a straightforward single-applicant partner visa, you should budget approximately $10,000 – $12,000 in government and third-party fees alone, before professional legal fees. For families with additional applicants or complex circumstances, the total can be significantly higher.

*Government fees are set by the Department of Home Affairs and are subject to change, typically on 1 July each year. Always verify current fees on the [Department of Home Affairs website](https://immi.homeaffairs.gov.au). Fees stated above are current as at April 2026.*

Key Requirements

To be eligible for a partner visa, you must demonstrate:

1. A Genuine and Continuing Relationship

The Department of Home Affairs will assess whether your relationship is genuine by examining four key areas:

- Financial aspects — joint bank accounts, shared expenses, financial interdependence

- Nature of the household — living arrangements, shared responsibilities

- Social aspects — recognition by family and friends, social activities together

- Commitment — duration of the relationship, future plans, knowledge of each other

The Department does not require you to satisfy all four areas equally. The weight given to each area depends on your circumstances. For example, a couple in a long-distance relationship may have limited household evidence but strong evidence of commitment and social recognition.

2. Sponsorship Requirements

Your Australian partner must sponsor your application. The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen. There are important limitations:

- A person can sponsor a maximum of two partners in their lifetime

- There must be at least a five-year gap between sponsorships

- The sponsor must meet character requirements (police clearances)

- The sponsor must not have a history of domestic violence

3. Health and Character Requirements

Both you and your sponsor must meet health and character requirements. This includes medical examinations by a panel doctor and police clearances from every country where you have lived for 12 months or more since turning 16.

Evidence You Need to Prepare

Evidence CategoryExamplesStrength
FinancialJoint bank accounts, shared lease/mortgage, joint bills, shared insuranceStrong — shows financial interdependence
HouseholdPhotos of shared home, evidence of shared responsibilities, joint utilitiesStrong — shows domestic life together
SocialStatutory declarations from friends/family, photos together, travel records, social mediaModerate to Strong — shows public recognition
CommitmentCommunication records (calls, messages), future plans, relationship timeline, wills naming each otherStrong — shows long-term commitment
LegalMarriage certificate, de facto registration, joint property ownershipVery Strong — formal legal recognition

Tip: Quality matters more than quantity. A well-organised application with strong, relevant evidence is far more effective than a large volume of weak evidence. I recommend focusing on 3–5 strong pieces of evidence in each category rather than submitting hundreds of pages of marginal material.

Common Reasons Partner Visas Are Refused

Partner visa refusals are devastating — both emotionally and financially. Understanding the most common reasons for refusal can help you avoid them. Based on my experience handling partner visa cases over 27 years, these are the most frequent grounds for refusal:

1. Insufficient Evidence of a Genuine Relationship

This is the single most common reason for refusal. The Department is looking for evidence that your relationship is genuine and continuing — not a relationship of convenience entered into for migration purposes. Weak applications often have:

- Very few statutory declarations, or declarations that are vague and generic

- Limited financial evidence of interdependence

- Few photos or social evidence

- No evidence of communication during periods apart

What to do: Build your evidence portfolio systematically across all four assessment areas. Start collecting evidence well before you lodge.

2. Inconsistencies Between Applicant and Sponsor Statements

The Department will compare your statements with your sponsor's statements in detail. Inconsistencies — even minor ones about dates, how you met, or relationship milestones — can raise concerns about the genuineness of the relationship.

What to do: Before lodging, both partners should review each other's statements to ensure consistency. This does not mean copying — it means ensuring the facts align.

3. Non-Disclosure and PIC 4020 (Public Interest Criterion)

PIC 4020 allows the Department to refuse a visa if the applicant provided false or misleading information, or failed to disclose relevant information. This includes:

- Previous visa refusals or cancellations

- Previous relationships or marriages

- Criminal history

- Previous immigration applications in any country

A PIC 4020 refusal carries a three-year ban on most visa applications. This is one of the most serious consequences of non-disclosure.

What to do: Disclose everything. If you have adverse history, address it proactively in your application with supporting evidence and legal submissions. Non-disclosure is almost always worse than the underlying issue.

4. Failure to Meet Health Requirements

Medical issues can lead to refusal if the Department determines that your health condition would impose a significant cost on the Australian healthcare system or prejudice access to services for Australian citizens. Common issues include:

- Hepatitis B or C

- HIV

- Tuberculosis

- Conditions requiring ongoing treatment

What to do: If you have a health condition, seek legal advice before lodging. A health waiver may be available, and I can help you prepare the supporting evidence.

5. Sponsor Limitations

Your application can be refused if your sponsor:

- Has already sponsored two partners

- Has not waited the required five years between sponsorships

- Fails character requirements

- Has a history of domestic violence

What to do: Check your sponsor's eligibility before investing in the application. If there are limitations, seek legal advice about whether an exemption may be available.

6. Applying with the Wrong Subclass

If you apply for the onshore visa (820/801) but are outside Australia at the time of application, or vice versa, your application will be invalid. This is a procedural error that cannot be corrected after lodgement.

What to do: Confirm your location and visa status before lodging. If you are unsure, seek advice.

7. Failure to Respond to Requests for Information

The Department may request additional information or invite you to comment on adverse information. If you do not respond within the specified timeframe (usually 28 days), the Department may make a decision based on the information available — which often results in refusal.

What to do: Monitor your ImmiAccount and email regularly. Respond to every request within the deadline, even if you need to request an extension.

De Facto Relationships

You do not need to be married to apply for a partner visa. De facto relationships are recognised, but you must demonstrate that you have been in a de facto relationship for at least 12 months before applying, unless:

- You have a child together, or

- Your relationship is registered with a state or territory authority (e.g., NSW Registry of Births, Deaths and Marriages)

De facto registration is a powerful piece of evidence and I generally recommend it where available. It provides formal legal recognition of your relationship and can strengthen your application significantly.

Long-Distance Relationships

Long-distance relationships can qualify for a partner visa, but the evidence requirements are different. You will need to demonstrate:

- Regular and sustained communication (call logs, message history, video call records)

- Visits to each other (flight bookings, passport stamps, photos from visits)

- Future plans to live together

- Recognition of the relationship by family and friends in both countries

- Financial support or shared financial commitments despite the distance

The key challenge is demonstrating that the relationship is genuine and continuing despite the physical separation. I have successfully helped many long-distance couples obtain partner visas, but the evidence needs to be carefully curated.

What Happens After You Lodge

  • Acknowledgement: You will receive an acknowledgement letter with your application reference number
  • Bridging Visa: If you applied onshore, you will generally be granted a Bridging Visa A with work rights
  • Biometrics: You may be asked to provide biometrics (fingerprints and photo)
  • Request for Information: The Department may request additional evidence — respond within the deadline
  • Interview: In some cases, the Department may interview you and/or your sponsor (separately)
  • Decision on temporary visa: If approved, you receive the temporary partner visa
  • Permanent visa eligibility: Two years after your application date, you become eligible for the permanent visa
  • Decision on permanent visa: The Department assesses whether your relationship is still genuine and continuing
  • How I Can Help

    Partner visa applications are complex and the stakes are high — both financially and personally. A refusal means losing the application fee and potentially facing a three-year ban if PIC 4020 is invoked. I have helped hundreds of couples navigate this process successfully over 27 years.

    I will review your situation, identify any risks before you lodge, help you build a strong evidence portfolio, and prepare your application to give you the best possible chance of approval. If your application has already been refused, I can assess your appeal options and represent you at the Administrative Review Tribunal.

    Book a $97 consultation to discuss your specific situation.

    Need Expert Help with Your Visa Matter?

    Nilesh Nandan has helped thousands of clients navigate complex immigration issues. Book a consultation to discuss your specific situation with one of Australia's most experienced immigration lawyers.

    Questions & Answers

    N
    Nilesh Nandan · 25 Jan 2026

    My partner and I have been in a long-distance relationship for 3 years. Can we apply for a partner visa?

    N
    Nilesh Nandan

    Yes, long-distance relationships can qualify for a partner visa, but you will need to provide strong evidence that the relationship is genuine despite the distance — regular communication records, visits, future plans, and evidence of commitment. The key challenge is demonstrating that you have a genuine and continuing relationship.

    N
    Nilesh Nandan · 22 Jan 2026

    Do I need to be living together to apply for a de facto partner visa?

    N
    Nilesh Nandan

    You need to demonstrate that you have been in a de facto relationship for at least 12 months. While living together is strong evidence, it is not strictly required if you can demonstrate the relationship through other means. However, you will need to explain why you are not living together and provide alternative evidence.

    N
    Nilesh Nandan · 18 Jan 2026

    Can my partner sponsor me if they have sponsored someone else before?

    N
    Nilesh Nandan

    There are limitations on sponsorship. Generally, a person can only sponsor two partners in their lifetime, and there must be a five-year gap between sponsorships. There are some exceptions, and I would need to review your specific circumstances.

    Ask a Question

    Your question will be answered personally by Nilesh. Thoughts only — not legal advice.

    Discussion

    No comments yet. Be the first to share your thoughts.

    Leave a Comment

    Your comment will be reviewed before being published. This is a space for general discussion — not legal advice.

    0/2000

    Need Help with a Visa Refusal?

    Get expert advice on your specific situation.

    Book a Consultation

    This guide is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, please book a consultation with Nilesh Nandan.

    Important: The information on this website is provided for general informational purposes only and does not constitute legal advice. Immigration law in Australia is complex, fact-specific, and subject to frequent change under the Migration Act 1958 (Cth), the Migration Regulations 1994, and departmental policy. You must seek independent, qualified legal advice tailored to your specific circumstances before making any immigration decision or taking any action. Viewing this website does not create a solicitor-client relationship. Terms of Use | Full Disclaimer

    Visa problem? Get expert advice today.
    Expert consultations from $97 · Satisfaction guaranteed on all consultations
    Book a Consultation
    MEMBER OF
    LCA
    Law Council of Australia
    MIA
    Migration Institute of Australia
    MIA-CCAB
    MIA Character & Cancellation Advisory Board
    MIA-DC
    MIA Disciplinary Committee 2026
    LS
    New South Wales Law Society
    AALA
    Australian Asian Lawyers Association
    CCC
    Ku-ring-gai Chamber of Commerce
    PSS
    Professional Standards Scheme

    ACKNOWLEDGMENT OF COUNTRYI acknowledge the traditional owners of the land on which we operate, the Gadigal people of the Eora Nation. I pay my respects to elders past, present, and emerging, recognising their enduring connection to the land, waters, and culture.

    © 2026 MyVisa — Nilesh Nandan Immigration Law Advisory. All rights reserved.

    MyVisa Australia Pty Ltd ABN 65 092 524 359 (service entity for MyVisa Lawyers Pty Ltd ABN 54 607 960 547). Nilesh Nandan is an admitted solicitor and Australian legal practitioner admitted to the High Court of Australia, authorised to provide immigration assistance under the Migration Act 1958. As a legal practitioner regulated by the New South Wales Law Society, Nilesh is not required to be registered with the Office of the Migration Agents Registration Authority (OMARA). Nilesh Nandan BBus(Accy), LLB, MBA, MMIA — Head of Practice. Member: Law Council of Australia · Migration Institute of Australia (MMIA) · MIA Character & Cancellation Advisory Board · MIA Disciplinary Committee 2026 · New South Wales Law Society · Australian Asian Lawyers Association · Ku-ring-gai Chamber of Commerce. *Based on publicly available Google reviews. No other individual immigration lawyer in Australia has more reviews, across more locations, sustained over a longer period, with a comparable satisfaction rating.

    Liability is limited by a scheme approved under Professional Standards Legislation. The content on this website is provided for general information purposes only and does not constitute legal advice. It is not intended to be relied upon as, and should not be taken as, a substitute for specific legal advice relevant to your individual circumstances. Immigration law is complex and subject to frequent change; the information on this site may not reflect the most current legal developments and may not apply to your situation. You should seek independent, qualified legal advice before making any immigration decision or taking any action based on the content of this website. Viewing this website, using the tools provided, or contacting our office does not create a solicitor-client relationship. Parts of this website are enhanced through the use of artificial intelligence; despite best endeavours, AI-assisted content may not be suitable for your specific immigrati MyVisa® is a registered trademark used under licence. MyVisa is not affiliated with the Department of Home Affairs or any government agency.

    We use cookies to analyse website traffic and improve your experience. Advertising cookies help us measure the effectiveness of our campaigns. You can accept or decline optional cookies. Privacy Policy

    Book Now
    Call