Partner Visa Australia — The Complete 2026 Guide for Applicants

If you are not married, the de facto stream is the pathway that will apply to you, and the evidence it demands is different in important ways. I set those requirements out in full in the de facto partner visa guide, including the twelve month rule and the exceptions to it.

What is the Partner Visa?

The Partner Visa (subclass 820/801) is a two-stage temporary and permanent visa that allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live and work in Australia indefinitely. The visa is granted in two stages: the temporary Subclass 820 is granted first, and the permanent Subclass 801 is granted approximately two years later once the Department of Home Affairs is satisfied that the relationship remains genuine and continuing.

I have been helping couples navigate partner visa applications for 27 years. 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:

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.

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

Other Costs to Budget For

Total Realistic Budget

For a straightforward single-applicant partner visa, you should budget approximately $12,500 – $14,500 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.

Who is eligible for the Partner Visa?

To be eligible for the Partner Visa (subclass 820/801), an applicant must satisfy all of the following criteria:

  1. Genuine and continuing relationship — The applicant must demonstrate a genuine spousal or de facto relationship with their sponsor, assessed across four areas: financial interdependence, household arrangements, social recognition, and commitment to each other. (Migration Regulations 1994, reg. 1.09A)
  2. Eligible sponsor — The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen who meets character requirements and has not exceeded the sponsorship limit of two partners in a lifetime with a minimum five-year gap between sponsorships. (Migration Act 1958, s.85; Migration Regulations 1994, reg. 1.20KB)
  3. De facto relationship duration — If the relationship is de facto (not married), the applicant must demonstrate the relationship has existed for at least 12 months prior to application, unless a child is born of the relationship or the relationship is registered under state or territory law. (Migration Regulations 1994, reg. 1.09A(2))
  4. Health requirements — The applicant must meet Australia's health requirements, including a medical examination by a panel doctor approved by the Department of Home Affairs. (Migration Act 1958, s.65; Migration Regulations 1994, Schedule 4, PIC 4005)
  5. Character requirements — The applicant must satisfy the character requirement under s.501 of the Migration Act 1958, including providing police clearances from every country where the applicant has lived for 12 months or more since turning 16.
  6. No sponsorship bar — The sponsor must not be subject to a sponsorship bar arising from a history of domestic violence or a court order relating to family violence. (Migration Regulations 1994, reg. 1.20KD)

The Department does not require you to satisfy all four relationship assessment areas equally. The weight given to each area depends on your circumstances.

Evidence You Need to Prepare

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 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:

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:

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:

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:

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.

April 2026 Evidence Rule Changes — What You Need to Know

In April 2026, the Department of Home Affairs issued a Partner Processing Newsletter that signalled a significant tightening of how partner visa applications are assessed. The key changes are:

One chance to respond. Case officers will now grant applicants only one opportunity to supply missing documents or respond to natural-justice concerns before making a decision. The previous practice of following up with applicants multiple times has ended. This means that if your application is incomplete at lodgement, you may receive a single request for information — and if you cannot respond adequately, the Department may proceed to a decision on the information available.

ImmiAccount is the only accepted communication channel. The Department has warned that supplementary emails to processing teams can delay outcomes. All correspondence must go through ImmiAccount. Do not email the Department directly about your case.

Document labelling matters. Poor document labelling in ImmiAccount is now specifically identified as a cause of processing delays. Label every document clearly and consistently.

Keep your evidence current. The Department expects applicants to update their relationship evidence every six to twelve months while waiting for the permanent stage. Outdated evidence — particularly expired overseas police certificates — is now a common refusal trigger.

The practical implication of these changes is clear: front-load your application with high-quality, well-organised evidence from the outset. Do not rely on the Department to ask for more. If your application is not strong at lodgement, the consequences are now more severe.

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:

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:

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.

How to apply for the Partner Visa

The application process for the Partner Visa (subclass 820/801) involves the following key steps:

Step 1: Confirm eligibility The applicant must confirm their location (onshore or offshore) and relationship status before selecting the correct subclass. Lodging the wrong subclass results in an invalid application that cannot be corrected after lodgement.

Step 2: Gather evidence The applicant must compile evidence across all four relationship assessment areas — financial, household, social, and commitment — before lodging. Applications lodged with incomplete evidence are significantly more likely to receive a Request for Further Information, which extends processing time.

Step 3: Complete health examinations The applicant must undergo a medical examination with a panel doctor approved by the Department of Home Affairs before or shortly after lodging. The examination must be completed within 28 days of the Department's request.

Step 4: Obtain police clearances The applicant must obtain police clearances from every country where they have lived for 12 months or more since turning 16. Clearances must be current (generally within 12 months) at the time of lodgement.

Step 5: Lodge via ImmiAccount The application must be lodged online through ImmiAccount at immi.homeaffairs.gov.au. The base application charge of $11,710 AUD (from 1 July 2026) must be paid at the time of lodgement.

Step 6: Receive Bridging Visa A If the applicant is onshore, the Department will generally grant a Bridging Visa A with work rights within a short period of lodgement, allowing the applicant to remain lawfully in Australia while the application is processed.

Step 7: Respond to any Requests for Information The Department may request additional evidence or invite the applicant to comment on adverse information. The applicant must respond within the specified timeframe (usually 28 days) or risk a decision being made on the information available.

Step 8: Temporary visa decision If approved, the applicant receives the temporary partner visa (subclass 820). Processing time is currently 12–20 months from lodgement.

Step 9: Permanent visa eligibility and decision Two years after the application date, the applicant becomes eligible for assessment for the permanent partner visa (subclass 801). The Department will assess whether the relationship remains genuine and continuing. Processing time for the permanent stage is currently 6–15 months from the eligibility date.

What happens after you lodge

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

My view as a practising immigration lawyer

Partner visa cases are rarely straightforward. The Department looks for genuine, ongoing commitment — and what constitutes sufficient evidence has shifted over the years. I have seen well-documented applications refused and thin applications approved. The difference is almost always in how the evidence is framed and presented, not simply the volume of documents submitted.

The most common mistake I see is applicants treating the evidence requirement as a checklist exercise — submitting large volumes of marginal material rather than a smaller set of strong, well-contextualised evidence. The Department's decision-makers are experienced. They can identify a genuine relationship from a carefully prepared application, and they can identify a contrived one from a poorly prepared one.

If you have adverse history — prior refusals, character issues, health concerns, or a complicated relationship history — address it proactively. Non-disclosure is almost always worse than the underlying issue.

Frequently asked questions

Can a long-distance couple apply for a partner visa?

Yes. A long-distance relationship can qualify for the Partner Visa (subclass 820/801), provided the applicant demonstrates that the relationship is genuine and continuing despite the physical separation. Evidence must include regular and sustained communication records, visits to each other, future plans to live together, and recognition of the relationship by family and friends in both countries.

Does a de facto couple need to have lived together to apply?

A de facto couple must demonstrate that the relationship has existed for at least 12 months before the application date. Living together is strong evidence but is not strictly required if the relationship can be demonstrated through other means. The applicant must explain why the couple is not living together and provide alternative evidence of the relationship.

Can a sponsor who has previously sponsored a partner apply again?

A sponsor may sponsor a maximum of two partners in their lifetime, and there must be a minimum five-year gap between sponsorships. Exceptions may be available in limited circumstances. I would need to review the specific circumstances before advising on whether an exemption applies.

What is PIC 4020 and why does it matter?

Public Interest Criterion 4020 (PIC 4020) allows the Department of Home Affairs to refuse a visa if the applicant provided false or misleading information, or failed to disclose relevant information. A PIC 4020 refusal carries a three-year bar on most visa applications. This is one of the most serious consequences of non-disclosure. If you have adverse history, disclose it and address it proactively.

What happens if the Department requests more information?

The Department may issue a Request for Further Information (s.56 request) at any stage of processing. The applicant must respond within the specified timeframe, usually 28 days. Failure to respond within the deadline may result in a decision being made on the information available, which often results in refusal.

Can a partner visa be refused after the temporary visa is granted?

Yes. The permanent stage (subclass 801) is a separate assessment. The Department will assess whether the relationship remains genuine and continuing at the time of the permanent visa decision. If the relationship has broken down, or if new adverse information comes to light, the permanent visa may be refused.

Get expert guidance on your partner visa application

Questions and answers

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

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.

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

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.

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

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.

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