Partner Visa (onshore) (subclasses 820/801) — Australia

You must prove a qualifying relationship, meet strict health and character standards, and avoid disqualifying immigration issues. Home Affairs assesses each element before granting a Partner Visa or related visa.

Relationship status required

You must be the spouse (married) or de facto partner of one of the following:

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

Home Affairs will not approve your application unless this relationship exists at the time of decision.

The same core relationship requirement applies across partner categories.

You apply using Form Form 47SP and must show that your relationship fits the visa you select. Other family visas, such as the Contributory Parent Visa (subclass 143), Child Visa (offshore) (subclass 101), or Carer Visa (subclass 836), have different eligibility criteria.

If you can’t demonstrate that you are a spouse or de facto partner of an eligible sponsor, Home Affairs will refuse your partner visa.

Health and character checks

You must meet Australia’s minimum health standards before Home Affairs grants your visa. Most applicants need to complete required medical assessments.

Health clearance is mandatory. If you do not satisfy the health requirement, Home Affairs will not approve your application.

You must also meet the character requirement both to receive and to keep your visa. This includes assessment of your criminal history.

If you have committed serious criminal offences, Home Affairs is unlikely to grant your visa. Character concerns can lead to refusal or cancellation.

If Home Affairs has cancelled or refused your visa on character grounds since your last arrival in Australia, your options are limited. In that situation, you may only apply for a Protection visa (subclass 866), if eligible.

Other disqualifying circumstances

Certain prior immigration issues can prevent you from applying for or receiving a partner visa.

You face strict limitations if:

• Your previous visa was cancelled on character grounds.
• Your previous visa application was refused on character grounds after your last entry to Australia.

In these cases, Home Affairs restricts your ability to apply for most visas. The only available option, if you meet its criteria, is a Protection visa (subclass 866).

Home Affairs reviews your full immigration history when assessing eligibility. A prior refusal or cancellation can directly affect your ability to lodge a new Partner Visa or related application.

You must resolve any outstanding immigration or character issues before applying. If you cannot meet these requirements, Home Affairs will refuse the application.

The onshore Partner visa moves through a temporary stage and then a permanent stage. You lodge one combined application with Home Affairs, and it progresses in two parts.

Stage 1 — Temporary visa (subclass 820)

You apply for the temporary Partner visa (subclass 820) while you are in Australia. If you are outside Australia when you apply, Home Affairs may delay processing.

You submit the required partner visa form, including Form Form 47SP, and attach supporting evidence. Review the instructions for your eligibility category before you lodge, and complete every required section.

Key steps

1. Download the current partner visa (820/801) form and instructions from Home Affairs.

2. Complete all sections accurately.

3. Sign and submit the application with the required evidence.

Incomplete forms or missing documents can delay assessment.

This stage differs from offshore options such as the Partner Visa (offshore) (subclasses 309/100), which you lodge from outside Australia. It also differs from the Prospective Marriage Visa (subclass 300), which applies in specific fiancé situations.

Home Affairs assesses your eligibility based on the information and documents you provide.

Stage 2 — Permanent visa (subclass 801)

The permanent Partner visa (subclass 801) forms the second stage of the same application. You do not lodge a separate new visa application; it continues from your original 820/801 submission.

Home Affairs reviews your circumstances again before granting permanent residence. You must ensure your information remains accurate and complete throughout processing.

Because you lodged a combined application, progression to the permanent stage depends on the original file. Missing information from the first stage can affect this stage.

This two-step structure is different from other family visas such as the Contributory Parent Visa (subclass 143), Child Visa (offshore) (subclass 101), or Carer Visa (subclass 836), which follow their own application pathways and are not paired temporary-to-permanent partner streams.

Home Affairs makes the final decision on permanent residence based on your combined application and supporting documents.

You’ll pay a significant government charge when you lodge a partner visa application. Processing can take many months, depending on your visa type, your situation, and how quickly you provide complete documents.

Application fees

The primary applicant fee for most partner visas, including the Partner Visa (offshore) (subclasses 309/100), starts from A$9,365.

If you already have a Prospective Marriage Visa (subclass 300) and later apply for the partner visa, the charge starts from A$1,560.

Pay the fee to the Department of Home Affairs at the time you lodge, usually with Form Form 47SP for offshore partner cases.

Fees change periodically. Refer to the fee information published by Home Affairs for the current amount.

Don’t mix up partner visa charges with fees for other family visas like the Contributory Parent Visa (subclass 143), Child Visa (offshore) (subclass 101), or Carer Visa (subclass 836). Each has its own fee structure.

How to check processing times

For most partner visa applicants, processing currently takes 12 to 24 months.

Home Affairs provides estimated timeframes through its visa processing times guide tool. This shows how long recently finalized applications have taken.

To check your timeframe:

1. Visit the Department of Home Affairs website.

2. Open the visa processing times guide.

3. Select your visa, such as Partner Visa (subclasses 309/100).

4. Read the displayed time range.

These estimates reflect recently finalized cases. Your specific application could take more or less time.

If you lodged using Form 47SP, note that processing times vary by visa category and the office handling your case.

Processing time notes and variations

Several factors influence how long your application takes.

Common reasons for delays:

• Incomplete documents
• Delays with health or character checks
• Cases referred for detailed character assessment
• High application volumes

Applications involving complex or sensitive character issues often face extended processing. These require extra assessment before a decision.

Processing priorities shift over time. Timeframes in the processing guide reflect recent cases.

Check the most current processing times published by the Department of Home Affairs. Figures can change.

Home Affairs examines whether your relationship is genuine and properly documented. Gaps, inconsistencies, or missing civil records can delay or derail Partner Visa (offshore) (subclasses 309/100) and Prospective Marriage Visa (subclass 300) applications.

Evidence gaps to avoid

You must prove your relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. Missing or inconsistent documents will trigger questions from Home Affairs.

Focus on complete, matching records:

• Civil documents confirming your relationship status
• Accurate details in Form Form 47SP that align with supporting documents
• Evidence required under the specific visa stream

Don’t submit partial files. If a document shows one date or status and Form 47SP shows another, you create a red flag.

Use this quick check:

Home Affairs applies similar evidence standards across family visas, including the Child Visa (offshore) (subclass 101), Contributory Parent Visa (subclass 143), and Carer Visa (subclass 836). Provide clear proof at the outset.

Consequences of missing proof

If you don’t provide proper evidence of your relationship status, Home Affairs can delay processing or refuse your application.

Delays occur when case officers must request more documents. Each request drags out the process and prolongs separation in offshore cases.

A refusal is more serious. You may lose the application fee and need to reassess eligibility before applying again.

Typical outcomes:

1. Request for additional information

2. Processing delay

3. Visa refusal

Home Affairs decides based on the documents provided. If proof is absent or unclear, eligibility won’t be assumed.

Common documentation pitfalls

Most refusals stem from avoidable documentation errors. You can manage this risk by aligning every document with your declared relationship status.

Watch for these problems:

• Submitting Form 47SP with incomplete relationship details
• Omitting required civil documents
• Providing documents that contradict each other
• Failing to include evidence required under application instructions

Compare your file before submission:

If instructions require evidence, provide it. Home Affairs will assess only what you submit.

Some applications carry higher refusal risks, especially when evidence is weak or there are past visa issues. Seek advice if your case involves uncertainty, previous problems with Home Affairs, or difficulty meeting document requirements.

Complex or borderline cases

Consult a professional if your relationship evidence is limited, inconsistent, or hard to document.

Home Affairs reviews Partner Visa (offshore) (subclasses 309/100), Prospective Marriage Visa (subclass 300), and related applications based solely on the information and documents you provide. Filing an application doesn’t guarantee approval. If your documents don’t clearly support your claims, the visa can be refused.

Borderline cases often involve:

• Limited shared financial records
• Gaps in cohabitation history
• Conflicting information across documents
• Incomplete or unclear responses in Form Form 47SP

A professional can review your evidence before submission and help ensure your statements match your civil documents. This reduces the risk of inconsistencies that may affect credibility.

If your situation overlaps with other visa categories—like the Contributory Parent Visa (subclass 143), Child Visa (offshore) (subclass 101), or Carer Visa (subclass 836)—clear legal positioning becomes even more important.

When prior visa problems affect you

Seek advice if you’ve faced a refusal or given incorrect information to Home Affairs before.

False or misleading information can lead to refusal or cancellation. Even small mistakes—honest or not—might trigger concerns.

A professional review helps clarify how past issues could affect your current Partner Visa (offshore) (subclasses 309/100) or Prospective Marriage Visa (subclass 300) application.

Pay attention to:

• Prior refusals
• Cancelled visas
• Discrepancies between earlier and current applications
• Statements that conflict with civil records

You need to make sure your new application avoids repeating earlier mistakes.

A detailed legal review lets you deal with issues directly, rather than leaving them unaddressed.

Avoidable filing mistakes to get help with

Many refusals happen due to missing documents or unsupported claims.

Home Affairs expects you to follow document instructions closely and provide full evidence. Missing proof of your relationship or mismatched information can lead to refusal.

Common trouble spots include:

1. Completing Form 47SP accurately

2. Attaching all required relationship evidence

3. Ensuring information matches passports, marriage certificates, and other civil documents

4. Reviewing declarations for accuracy and consistency

A professional can check your file before lodgement to confirm it’s complete and consistent. This step helps prevent avoidable refusals from missing or incorrect information.