Australian Partner Visas: Marriage, De Facto Relationships and Evidence Requirements

Australian Partner Visa Pathways

Australia has different visa pathways for spouses, de facto partners and prospective spouses. The correct pathway generally depends on the type of relationship and whether the applicant applies in or outside Australia.

Partner Visa Subclasses 820 and 801: Apply in Australia

The onshore Partner visa pathway is for the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen who applies from within Australia.

It involves two visa stages:

• Partner Visa (Temporary) Subclass 820: allows the applicant to live in Australia temporarily while the permanent Partner visa is considered
• Partner Visa (Permanent) Subclass 801: allows the applicant to live in Australia permanently

The applicant does not normally lodge two unrelated visa applications. The Subclass 820 and Subclass 801 applications are lodged together through one combined Partner visa application. The Department generally assesses the temporary Subclass 820 stage first and the permanent Subclass 801 stage later.

The applicant must be in Australia when applying for the combined Subclass 820 and 801 pathway. Applicants should also check their current visa conditions before applying, as certain conditions may affect whether a valid onshore application can be made.

Partner Visa Subclasses 309 and 100: Apply Outside Australia

The offshore Partner visa pathway is for the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen who applies from outside Australia.

It also involves two visa stages:

• Partner (Provisional) Visa Subclass 309: allows the applicant to live in Australia temporarily
• Partner (Migrant) Visa Subclass 100: allows the applicant to live in Australia permanently

The Subclass 309 and Subclass 100 applications are lodged together through one combined Partner visa application. The Department generally assesses the provisional Subclass 309 stage first and the permanent Subclass 100 stage later.

The applicant must be outside Australia when applying for the combined Subclass 309 and 100 pathway.

Prospective Marriage Visa Subclass 300

The Prospective Marriage Visa Subclass 300 is for a person who intends to marry their prospective spouse and then apply for a Partner visa in Australia.

The applicant must be outside Australia when applying. The applicant and prospective spouse must generally:

• be at least 18 years old
• have met each other in person since both turned 18
• know each other personally
• genuinely intend to marry within the period permitted by the visa
• genuinely intend to live together as spouses

If the Subclass 300 visa is granted, it generally permits a stay of between 9 and 15 months from the visa grant date. The applicant must marry their prospective spouse within the period stated in the visa grant letter. The marriage can take place in Australia or another country, but the applicant must be in Australia when lodging the subsequent combined Subclass 820 and 801 application.

After the marriage, the Subclass 300 holder must lodge a new combined onshore Partner visa application for Subclasses 820 and 801 before the Subclass 300 visa expires. The Subclass 820 and 801 application is not automatically included in the original Subclass 300 application. It is a separate application with its own visa application charge and supporting-document requirements.

This means the complete pathway is:

Subclass 300 application outside Australia → visa grant → marry within the visa period → be in Australia and lodge the combined Subclass 820 and 801 application before the Subclass 300 expires → temporary Subclass 820 assessment → permanent Subclass 801 assessment.

What Do Partner Visas Allow You to Do?

The temporary Subclass 820 and provisional Subclass 309 visas generally allow the holder to:

• live in Australia while waiting for the permanent Partner visa decision
• work in Australia
• study in Australia, generally without government financial support
• travel to and from Australia while the visa remains valid

The permanent Subclass 801 and Subclass 100 visas allow the holder to:

• live, work and study in Australia permanently
• access Medicare, subject to enrolment requirements
• sponsor eligible relatives to come to Australia
• travel to and from Australia for five years from the visa grant date
• apply for Australian citizenship if eligible

The Subclass 300 visa generally allows the holder to:

• stay in Australia during the visa’s validity period
• work in Australia
• study in Australia, generally without government financial support
• travel to and from Australia while the visa remains valid
• marry their prospective spouse and then apply for the combined Subclass 820 and 801 pathway

Does Marriage Guarantee a Partner Visa?

No. A legal marriage is important evidence, but it does not automatically establish that all Partner visa requirements have been met.

For a married applicant, the marriage must generally be valid under Australian law. The applicant should provide an official marriage certificate as evidence of the legal marriage. A ceremonial certificate that does not establish that the marriage was legally registered may not be sufficient on its own.

If either partner was previously married, the application may also require evidence showing that the earlier marriage legally ended, such as a divorce certificate or the former spouse’s death certificate.

The Department must also be satisfied that the current relationship is genuine and continuing, that the couple has a mutual commitment to a shared life to the exclusion of all others, and that they are not living separately and apart on a permanent basis.

The marriage certificate is therefore essential evidence for a married applicant because it proves that a legal marriage has taken place. However, it does not, by itself, demonstrate how the couple shares their life or whether the relationship continues to be genuine.

For this reason, Partner visa applicants normally provide evidence covering several parts of their relationship rather than relying on one document.

Can an Unmarried Couple Apply for a Partner Visa?

Yes. Marriage is not required if the applicant and sponsor meet the requirements of a de facto relationship for migration purposes.

A de facto relationship is more than dating, being engaged or communicating online. The Department must be satisfied that the couple has a mutual commitment to a shared life to the exclusion of all others, that the relationship is genuine and continuing, and that the couple lives together or does not live separately and apart on a permanent basis.

In many cases, the de facto relationship must have existed for at least 12 months immediately before the Partner visa application is made.

The 12-month requirement may not apply in certain circumstances, including where:

• the relationship has been registered under a prescribed law of an Australian state or territory
• compelling and compassionate circumstances apply

Registering a relationship is not the same as getting married. It may remove the 12-month duration requirement in an eligible case, but it does not remove the other Partner visa requirements. The couple must still provide evidence showing that the relationship is genuine and continuing.

Compelling and compassionate circumstances are assessed according to the facts of the individual case. Applicants should not assume that personal hardship will automatically provide an exemption.

How Does Home Affairs Assess a Relationship?

The Department considers the overall circumstances of the relationship. Relationship evidence is commonly organised into four main areas:

1. financial aspects of the relationship
2. the nature of the household
3. social aspects of the relationship
4. the nature of the couple’s commitment to one another

There is no single document that proves every relationship. The relevance and strength of each document depend on the couple’s circumstances. Evidence should be accurate, consistent and cover the development of the relationship over time where possible.

1. Financial Aspects of the Relationship

The Department may consider how the couple manages money and shares financial responsibilities.

Examples of financial evidence can include:

• joint bank account statements
• household bills in both names
• a joint lease or mortgage
• joint loans
• evidence of jointly owned assets, such as a home, vehicle or major household items
• evidence showing how the couple shares everyday expenses
• insurance policies or superannuation records naming one another as beneficiaries

A couple does not necessarily need every bill or account to be held jointly. Some genuine couples keep separate bank accounts or divide expenses in different ways. If the financial arrangements are unusual or the available joint evidence is limited, the applicants can explain how they manage their finances and provide other documents that support that explanation.

The Department assesses the evidence as a whole rather than relying only on the existence of a joint bank account.

2. The Nature of the Household

Household evidence helps demonstrate how the couple lives together and manages daily responsibilities.

Examples can include:

• a joint lease, mortgage or other evidence of shared accommodation
• mail addressed to both partners at the same address
• household bills
• statements explaining how household responsibilities are divided
• documents showing joint responsibility for children
• documents showing joint care or ownership of a pet
• correspondence or official records confirming the couple’s living arrangements

The purpose of this evidence is not to judge who performs particular household duties. It helps the Department understand whether the couple genuinely shares a home and a domestic life.

Couples who have spent periods living apart should explain when and why the separation occurred, how they maintained their relationship and whether they continued making plans together.

3. Social Aspects of the Relationship

The Department may also consider whether the relationship is recognised by other people and how the couple participates in social activities.

Examples of social evidence can include:

• photographs taken together over the course of the relationship
• travel bookings and records of trips taken together
• invitations addressed to both partners
• evidence of shared sporting, cultural or social activities
• proof that government agencies, businesses or other organisations were informed of the relationship
• evidence of shared friendships
• statements from friends or relatives who know the couple and the history of the relationship, including Form 888 supporting statements

Applicants should focus on the quality, relevance and timing of their evidence. A large number of photographs from a short period may be less useful than a smaller selection showing the development of the relationship across different occasions and with family or friends.

One way to support the social aspect is through Form 888: Supporting statement in relation to a Partner or Prospective Marriage visa application. It is completed by a person aged at least 18 who knows the applicant and their partner or fiancé and understands the history of their relationship.

The person completing the form explains how they know the couple, how frequently they have contact with them and why they believe the relationship is genuine and continuing. They must also provide evidence of their identity and, where applicable, their Australian citizenship or permanent resident status.

The Department may contact the person for further information or an interview. Supporting statements must therefore be truthful and consistent with the other information in the application.

4. The Nature of the Couple’s Commitment

Commitment evidence helps show whether the couple has combined important parts of their lives and intends to continue the relationship.

Examples can include:

• evidence that the partners know one another’s personal circumstances, backgrounds and families
• records showing regular communication when the couple has been apart
• evidence of joint plans for housing, children, travel or other long-term goals
• documents showing that personal or legal affairs have been combined
• wills naming one another
• evidence that one partner is the other’s emergency contact or beneficiary
• statements explaining the history of the relationship and plans for the future

The Department is looking at whether the relationship reflects a genuine mutual commitment to a shared life. Future plans can support an application, but they should be considered together with evidence showing how the relationship has already developed.

The Relationship Statements

Applicants and sponsors are generally asked to provide information about the history and circumstances of their relationship.

A clear relationship statement may address:

• how and when the couple first met
• when the relationship became serious or exclusive
• how the relationship developed
• when the couple began living together
• significant events they have shared
• periods spent living apart and the reasons for them
• how they stayed in contact during periods of separation
• how they manage finances and household responsibilities
• how family members and friends view the relationship
• their commitment to one another
• their plans for the future

The statement does not need to read like a romantic story. Its purpose is to provide a clear, honest and chronological account of the relationship.

Dates and important facts in the applicant’s and sponsor’s statements should be consistent with each other and with the supporting documents. If there are differences, gaps or unusual circumstances, it is generally better to explain them directly rather than leave them unresolved.

Who Can Sponsor a Partner Visa Applicant?

A Partner visa applicant must have an eligible Partner visa sponsor. The sponsor must generally be:

• at least 18 years old
• an Australian citizen, Australian permanent resident or eligible New Zealand citizen
• the applicant’s spouse or de facto partner, or prospective spouse for a Subclass 300 application
• eligible to have the sponsorship approved

Sponsor Documents and Character Checks

The sponsor may need to provide:

• proof of identity and age
• evidence of Australian citizenship, Australian permanent residence or eligible New Zealand citizen status
• evidence of the relationship
• information about previous relationships and previous sponsorships
• an Australian Federal Police check
• foreign police checks from relevant countries
• other character documents requested by the Department

Home Affairs advises sponsors to provide Australian and relevant foreign police checks when initially submitting the sponsorship form. The Department may disclose certain convictions to the visa applicant and may refuse a sponsorship where the sponsor has relevant offences and a significant criminal record, unless the applicable requirements allow the sponsorship to be approved.

Previous Sponsorships and Sponsorship Limitations

Sponsorship limitations can apply because of the sponsor’s Partner visa history, including where the person:

• lodged a previous sponsorship or received a sponsored Partner visa within the relevant five-year period

Sponsor Responsibilities

By sponsoring a partner, the sponsor agrees to provide support required under the sponsorship arrangements. This can include helping the applicant and accompanying family members with accommodation and financial assistance during the relevant sponsorship period.

The sponsor must provide complete and accurate information, submit the requested documents and tell the Department about relevant changes. The Department must approve the sponsorship before the Partner visa can be granted.

Other General Applicant Requirements

Relationship evidence is only one part of a Partner visa application. Depending on the visa and the applicant’s circumstances, other requirements can include:

• meeting the requirements of the relevant married, de facto or prospective spouse category
• satisfying health and character requirements
• providing identity and civil documents
• providing police certificates when required
• meeting the location requirements for the chosen visa pathway
• satisfying any requirements connected with the applicant’s current or previous visas
• having an eligible sponsor whose sponsorship is approved

Because eligibility depends on both the applicant and the sponsor, couples should examine both sides before lodging the application.

Can Family Members Be Included?

Eligible members of the applicant’s family unit may be included in a Partner or Prospective Marriage visa application. For this type of application, this generally includes an eligible dependent child or stepchild of the applicant or their partner and, in some cases, the dependent child of such a child.

Each included family member must provide the required identity and relationship documents and may need to meet health and character requirements. Documents relating to a child can include a birth certificate, custody documents and evidence of consent from a parent or legal guardian who is not migrating.

Family composition should be declared accurately even where a family member is not migrating. The rules for including family members in a visa application and adding a child after lodgement depend on the visa stage and the individual circumstances.

Steps to Apply for an Australian Partner Visa

Step 1: Identify the Correct Visa Pathway

Determine whether the appropriate pathway is:

• a combined Subclass 820 and 801 application made in Australia
• a combined Subclass 309 and 100 application made outside Australia
• a Subclass 300 application made outside Australia for a prospective spouse who intends to marry after the visa is granted and later apply separately for Subclasses 820 and 801 in Australia

The applicant’s location, current visa conditions and relationship status can affect this decision.

Step 2: Check the Applicant’s Eligibility

Confirm that the applicant meets the relationship, location, health, character and other requirements for the selected pathway.

Married couples should confirm that their marriage is recognised for Australian migration purposes and obtain their official marriage certificate. De facto couples should assess whether they meet the de facto criteria and, where relevant, the 12-month requirement.

Step 3: Check the Sponsor’s Eligibility

Confirm that the proposed sponsor is at least 18, has the required Australian or eligible New Zealand status and is not prevented or restricted from sponsoring because of previous sponsorships, their own previous Partner visa or relevant criminal history.

Step 4: Prepare Relationship Evidence

Collect evidence covering the financial, household, social and commitment aspects of the relationship.

Evidence should show the relationship over time rather than only at the date of application. Applicants should also provide explanations where documents are unavailable or their arrangements differ from what might normally be expected.

For married applicants, this evidence should include the official marriage certificate. Form 888 statements can be included as supporting evidence under the social aspect of the relationship.

Step 5: Prepare the Applicant’s Other Documents

Documents may include:

• passports and identity documents
• birth certificates
• an official marriage certificate for a married applicant
• divorce or death certificates relating to previous marriages, where relevant
• evidence relating to previous relationships
• police certificates
• health examination results when requested
• documents for dependent family members
• relationship statements
• Form 888 supporting statements

Documents not written in English generally need to be translated in accordance with the Department’s requirements.

Step 6: Submit the Combined Visa Application Through ImmiAccount

Partner visa applications are generally lodged online through ImmiAccount.

For the onshore Partner pathway, the applicant lodges one combined application for Subclasses 820 and 801. For the offshore Partner pathway, the applicant lodges one combined application for Subclasses 309 and 100. The applicant does not wait until the temporary or provisional visa is granted before applying for the permanent subclass.

A Subclass 300 applicant lodges only the Prospective Marriage visa application at this stage. The later Subclass 820 and 801 application is a separate combined application that must be lodged after the couple marries and before the Subclass 300 visa expires.

The applicant completes the relevant online form, pays the applicable visa application charge and attaches the supporting documents. After submission, ImmiAccount provides a Transaction Reference Number.

Step 7: Submit the Application

submit the online Sponsorship for a partner to migrate to Australia. The sponsor should attach identity, status, relationship and character documents, including the required Australian and foreign police checks.

Step 8: Complete Health and Character Requirements

The applicant may need health examinations and police certificates. Included family members may also need to satisfy health and character requirements. The timing and required checks depend on the individual application and the Department’s instructions.

Step 9: Respond to Requests and Report Changes

The Department may request further documents, updated checks or additional information. Applicants should respond within the specified timeframe.

Any relevant change in circumstances—including changes to contact details, family composition or the relationship—must be reported to the Department.

Step 10: Initial Visa Decision

For a combined Subclass 820/801 application, the Department generally decides the temporary Subclass 820 stage first. For a combined Subclass 309/100 application, it generally decides the provisional Subclass 309 stage first.

The permanent Subclass 801 or 100 application already exists because it was lodged as part of the original combined application.

For a Subclass 300 application, the Department decides only the Prospective Marriage visa. After it is granted, the applicant must marry within the permitted period, be in Australia and lodge a new combined Subclass 820 and 801 application before the Subclass 300 expires. The marriage itself may take place in Australia or another country.

Step 11: Provide Updated Evidence for the Permanent Stage

The Subclass 820/801 and Subclass 309/100 pathways include temporary and permanent stages.

In general, a temporary Subclass 820 or provisional Subclass 309 visa holder becomes eligible for consideration of the permanent stage after two years have passed since the original combined Partner visa application was made. The applicant does not lodge a new Subclass 801 or 100 visa application or pay for that visa again. The applicant provides updated personal information, character documents and relationship evidence so the Department can assess whether the permanent visa requirements are met. Different timing arrangements may apply in some cases, including certain long-term relationships.

What Happens if the Relationship Changes?

Applicants must tell the Department if their relationship ends or materially changes while the visa application is being processed.

The end of the relationship will often affect eligibility, but Home Affairs explains that an application may be able to continue in certain circumstances, including where:

• the sponsoring partner has died
• the applicant or an included family member has experienced domestic and family violence committed by the sponsor
• the applicant and sponsor have a child and share access and parental responsibility

These are sensitive, fact-specific provisions. Applicants should not withdraw an application or assume that no pathway remains without first understanding how the relevant rules apply. Common Partner Visa Mistakes

Mistake 1: Assuming That Marriage Is Enough

A marriage certificate is not a substitute for evidence that the relationship is genuine and continuing. Married applicants should still provide evidence covering the different aspects of their shared life.

Mistake 2: Treating Dating as a De Facto Relationship

Being in a long-term relationship does not automatically establish a de facto relationship for migration purposes. Couples must assess the legal criteria, living arrangements and, where applicable, the 12-month requirement.

Mistake 3: Relying Only on Photographs

Photographs can support the social aspect of a relationship, but they rarely establish the complete picture. Strong applications usually address finances, household arrangements, social recognition and commitment.

Mistake 4: Copying Advice From Friends or Social Media

Another couple may have a different relationship history, immigration background, sponsor circumstances or body of evidence. What was sufficient in one application may not be sufficient in another.

Mistake 5: Applying Too Early or Waiting Unnecessarily

Applying before the relevant criteria are met may place the application at risk. However, waiting because of an incorrect assumption—such as believing every couple must marry or every de facto couple must wait 12 months—can also cause unnecessary delay.

Eligibility should be assessed using the law and current Department requirements as they apply to the individual case.

Frequently Asked Questions About Australian Partner Visas

Do you have to be married to apply for a Partner visa?

No. Eligible spouses and de facto partners can apply.

Is a marriage certificate enough to prove the relationship?

No. It proves the legal marriage, but the Department must also be satisfied that the relationship meets the relevant migration requirements, including that it is genuine and continuing.

Do de facto couples always need to have lived together for 12 months?

The rule is more specific than simply living at the same address for 12 months. In many cases, the de facto relationship must have existed for at least 12 months immediately before applying. Exceptions may apply, including for certain registered relationships or compelling and compassionate circumstances. All other relationship requirements must still be met.

Can couples apply if they have spent time living apart?

Periods of temporary separation do not necessarily prevent an application. The couple should explain why they lived apart, how they maintained their relationship and why they were not living separately and apart on a permanent basis.

Is a joint bank account compulsory?

No single item of financial evidence is compulsory in every relationship. A joint account can be useful, but the Department considers the overall evidence. Couples with separate finances should explain their arrangements and provide other relevant evidence.

How many photographs should be provided?

Home Affairs does not decide a relationship only by counting photographs. Applicants should choose relevant images that help demonstrate the history and social recognition of the relationship and support them with evidence from the other relationship categories.

Where are Partner visa applications submitted?

Applications are generally submitted online through ImmiAccount. The appropriate visa pathway depends partly on whether the applicant applies in Australia or outside Australia.

Does a Subclass 300 visa automatically become a Partner visa after marriage?

No. The Subclass 300 holder must marry within the permitted visa period and then lodge a separate combined Subclass 820 and 801 application while in Australia and before the Subclass 300 visa expires. The marriage itself may take place in Australia or another country. A further visa application charge applies.

Can children be included in the application?

Eligible dependent children may be included, subject to the requirements of the relevant visa. Their identity, relationship, custody, health and character documents may be required. All family members should be declared accurately, including those who are not migrating.

Can an onshore applicant travel while waiting?

Travel depends on the visa the applicant currently holds. A Bridging Visa A does not permit a person to leave and return to Australia. An applicant who needs to travel while relying on a bridging visa should check whether they need a Bridging Visa B before departure.

How long does a Partner visa take?

Processing times vary and can change. The Department’s visa processing time guide provides an indication based on recently decided applications, but it is not a guarantee for an individual case.

How much does a Partner visa application cost?

Visa application charges can change, and additional charges may apply for included family members, health examinations, police certificates, translations and professional services. Applicants should check the Department’s current visa pricing estimator before applying.

Official Sources

• About Partner Visas — Department of Home Affairs
• Partner Visa Frequently Asked Questions — Department of Home Affairs
• Partner Visa Subclasses 820 and 801 — Department of Home Affairs
• Partner Visa Subclasses 309 and 100 — Department of Home Affairs
• Prospective Marriage Visa Subclass 300 — Department of Home Affairs
• Relationship Evidence — Department of Home Affairs
• Form 888 — Supporting Statement
• Including Family Members in Your Application — Department of Home Affairs
• Travel on a Bridging Visa — Department of Home Affairs
• Your Relationship Has Ended — Department of Home Affairs
• Visa Pricing Estimator — Department of Home Affairs