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how to apply for partner visa australia

How to Apply for Partner Visa Australia: Eligibility, 12‑month De Facto Rule, Forms, Fees & Processing Times

By Global Law Experts
– posted 1 hour ago

Understanding how to apply for partner visa Australia is the single most important step you can take toward reuniting with your spouse or de facto partner on Australian soil. The process involves selecting the correct visa subclass, satisfying strict relationship and sponsorship eligibility criteria, completing the right forms, gathering evidence across four defined relationship pillars, and meeting health and character requirements. This guide breaks every stage into plain‑English steps, from creating your ImmiAccount and lodging Forms 47SP and 40SP, through to managing requests for further information after lodgement. All statutory rules referenced below are drawn from the Department of Home Affairs (DoHA), which remains the single authoritative source for partner visa Australia requirements, fees and processing times.

Last reviewed: 24 May 2026. Immigration rules and fees change regularly, always confirm details on the DoHA website before lodging.

Quick Answer, How to Apply for Partner Visa Australia

If you need a fast overview before reading the full guide, here is the six‑step process at a glance:

  1. Choose the correct subclass. Apply onshore (subclass 820/801) if you are in Australia, or offshore (subclass 309/100) if you are outside Australia. Prospective Marriage visa (subclass 300) is available for engaged couples who have not yet married.
  2. Confirm eligibility. Your sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen. You must be in a genuine spouse, de facto (ordinarily 12 months’ cohabitation) or registered relationship.
  3. Create an ImmiAccount and complete your forms. The applicant completes Form 47SP (Application for Migration to Australia by a Partner); the sponsor completes Form 40SP (Sponsorship for a Partner to Migrate to Australia). Link the two applications using the Transaction Reference Number (TRN).
  4. Pay the visa application charge. Confirm the current base fee on the DoHA partner visa page immediately before lodging, fees are updated periodically.
  5. Upload evidence across the four relationship pillars. Provide documents covering financial aspects, household arrangements, social context and the nature of your commitment. Include at least two completed Form 888 statutory declarations from witnesses who know your relationship.
  6. Complete health and character checks. Arrange a medical examination with a DoHA‑approved Panel Physician and obtain Australian and overseas police certificates as required.

Each step is explained in detail below. For a printable overview of the documents required for spouse visa Australia, see our partner visa checklist.

Which Partner Visa Do You Need? Onshore vs Offshore vs Prospective Marriage

Australia’s partner visa program operates as a two‑stage pathway: a temporary partner visa is granted first, followed by a permanent partner visa after an eligibility period. The subclass you lodge depends on where you are when you apply and the nature of your relationship.

Onshore, Subclass 820 (Temporary) → 801 (Permanent)

You apply for the onshore temporary partner visa Australia (subclass 820) if you are physically inside Australia at the time of lodgement. Once the 820 is granted, you are eligible to be assessed for the permanent subclass 801, typically around two years after the date of your original application, though this varies. Onshore applicants who hold a substantive visa at lodgement generally receive a Bridging Visa A, allowing them to remain lawfully in Australia while the application is processed.

Offshore, Subclass 309 (Temporary) → 100 (Permanent)

If the applicant is outside Australia at the time of lodgement, the offshore pathway applies. The temporary subclass 309 is granted first, followed by assessment for the permanent subclass 100. The applicant must be outside Australia when the 309 is decided but can travel to Australia once it is granted. The same genuine‑relationship test applies, and the sponsor must still meet all eligibility requirements.

Prospective Marriage, Subclass 300

The Prospective Marriage visa (subclass 300) is designed for couples who are engaged and intend to marry in Australia within nine months of the visa being granted. It is not itself a partner visa, after marrying, the applicant typically needs to apply for an onshore partner visa (820/801) to remain permanently. This pathway suits couples who have not yet married and cannot satisfy the de facto cohabitation requirement. A detailed comparison of the Prospective Marriage visa (subclass 300) and how it differs from the partner pathway is available as a separate guide.

Can I Sponsor My Boyfriend or Girlfriend?

Yes. Sponsorship for a partner to migrate to Australia is not limited to married couples. If you are in a de facto relationship, including same‑sex relationships, and you can evidence that you have lived together for at least 12 months (or hold a registered relationship), you may sponsor your partner under the same subclasses. The key requirement is that the relationship is genuine, continuing and to the exclusion of all others.

Aspect Onshore (820 / 801) Offshore (309 / 100) Prospective Marriage (300)
Where to apply Inside Australia Outside Australia Outside Australia (engaged couples)
Temporary → Permanent 820 (temporary) → 801 (permanent) 309 (temporary) → 100 (permanent) Grants temporary entry to marry; then apply for 820/801
Eligibility cornerstone Genuine relationship; sponsor in Australia; bridging visa issued Same relationship test; applicant lodges offshore Genuine intention to marry; must marry within 9 months of grant
Processing time (indicative) Varies, check DoHA; bridging visa covers wait Varies, can be faster or slower by caseload Varies, confirm on DoHA processing times page

Eligibility, Relationship and Sponsor Requirements Including the 12‑Month De Facto Rule

Meeting partner visa Australia requirements involves satisfying two parallel tests: the relationship test (proving your relationship is genuine) and the sponsor test (proving your sponsor is eligible and approved). Both tests must be met before a visa can be granted.

Sponsor Eligibility

To sponsor an applicant, you must be at least 18 years old and be one of the following:

  • Australian citizen
  • Australian permanent resident
  • Eligible New Zealand citizen (holding a special category visa)

There are limitations on how many times a person can sponsor a partner. Generally, a sponsor can only sponsor two partners in a lifetime, and there must be at least five years between sponsorships. If a person was themselves sponsored as a partner, a five‑year waiting period typically applies before they can sponsor someone else. These limits are set out in migration legislation and are assessed by DoHA at lodgement.

Relationship Types, Spouse, De Facto and Registered Relationships

The partner visa covers three relationship types:

  • Married spouse. You hold a valid marriage recognised under Australian law. No minimum cohabitation period is required for married couples, though you still need to provide evidence of a genuine and continuing relationship.
  • De facto partner. You are not married but have been in a genuine de facto relationship, living together on a genuine domestic basis, for at least 12 months immediately before lodging. This 12‑month cohabitation rule is one of the most common points of confusion for applicants.
  • Registered relationship. Some Australian states and territories allow couples to register their relationship. Registration can serve as an alternative to the 12‑month cohabitation requirement (see below).

The Registration Waiver, When 12 Months’ Cohabitation Is Not Required

De facto couples who have not lived together for a continuous 12‑month period may still be eligible if they hold a registered relationship in an Australian state or territory that provides for such registration. The registration effectively waives the 12‑month rule, allowing the couple to apply immediately after registering. Not all jurisdictions offer identical registration frameworks, the availability and procedural requirements vary. Industry observers note that applicants should check the relevant state or territory registry (for example, Births, Deaths and Marriages in New South Wales, Victoria, Queensland, Tasmania, the ACT and other jurisdictions that offer relationship registers) well in advance of lodgement.

Even where a registration waiver applies, DoHA still requires evidence that the relationship is genuine, continuing and exclusive. Registration alone is not sufficient, it must be supported by the same four‑pillar evidence described later in this guide. Detailed guidance on de facto relationship evidence and state registration rules will be published as a supporting resource.

Checklist, How Do You Qualify for a Partner Visa in Australia?

  • You are the spouse, de facto partner (12 months’ cohabitation) or registered partner of the sponsor.
  • Your sponsor is an Australian citizen, permanent resident or eligible New Zealand citizen.
  • Your sponsor has not exceeded their sponsorship limits.
  • Both applicant and sponsor meet health and character requirements.
  • You can provide evidence of a genuine, continuing relationship to the exclusion of all others.
  • You are not barred from applying (for example, by a previous visa refusal condition).

Forms and Lodgement Workflow, Form 47SP, Form 40SP, TRN Linking and ImmiAccount

Knowing how to apply for partner visa Australia in practice means understanding the digital lodgement workflow through DoHA’s ImmiAccount platform. Almost all partner visa applications are now lodged online.

Setting Up Your ImmiAccount

Both the applicant and the sponsor need an ImmiAccount. If you do not already have one, create it at the DoHA ImmiAccount portal. You will need a valid email address and a secure password. Once created, select “New Application” and choose the appropriate partner visa subclass.

Completing Form 47SP, Applicant

Form 47SP (Application for Migration to Australia by a Partner) is the main application form completed by the visa applicant. It covers personal details, relationship history, migration history, health declarations and character declarations. Key fields to watch include:

  • Accurate passport and travel document details, any mismatch can delay processing.
  • Complete relationship history, including dates of cohabitation, these dates must align with your supporting evidence.
  • Declaration of any previous visa applications or refusals in any country.
  • Dependent children, list every dependent child included in the application.

Completing Form 40SP, Sponsor

Form 40SP (Sponsorship for a Partner to Migrate to Australia) is completed by the Australian sponsor. This form captures the sponsor’s personal details, citizenship or residency status, sponsorship history and a declaration of their relationship with the applicant. Sponsors must disclose any previous partner sponsorships and any relevant criminal history.

Linking TRNs and Payment

When the applicant begins the online application, ImmiAccount generates a Transaction Reference Number (TRN). The sponsor uses this TRN to link their Form 40SP to the applicant’s Form 47SP, ensuring both parts of the application are connected in the system. After both forms are linked, the applicant pays the visa application charge online. Payment can typically be made by credit card or other methods accepted by ImmiAccount. Once payment is confirmed, you can begin uploading supporting documents.

A step‑by‑step guide to completing Forms 47SP and 40SP, including common mistakes and how to avoid them, is covered in detail in our forms guide.

Evidence, The Four Relationship Pillars and How to Apply for Partner Visa Australia Successfully

Evidence is the backbone of every partner visa application. DoHA assesses your relationship against four defined pillars. Weak or incomplete evidence across any pillar is one of the most common reasons applications stall or are refused. Below is a detailed breakdown of the documents required for spouse visa Australia applications, organised by pillar.

Pillar 1, Financial Aspects

This pillar demonstrates that you and your partner share financial responsibilities or support each other financially. Examples include joint bank account statements, joint loan agreements, joint credit card accounts, evidence that one partner financially supports the other, joint insurance policies, and shared superannuation beneficiary nominations.

Pillar 2, Nature of the Household

Household evidence shows you live together and share domestic responsibilities. This can include a joint residential lease or mortgage, utility bills in both names, shared household goods receipts, statutory declarations from others confirming you live at the same address, and mail addressed to both partners at the same address.

Pillar 3, Social Context

Social evidence proves that your relationship is recognised by family, friends and the broader community. Provide photographs of you together at different times and events (labelled with dates and locations), evidence of travel taken together (boarding passes, hotel bookings), correspondence between you and your partner, and statements from family or friends confirming the relationship.

Pillar 4, Nature of the Commitment

Commitment evidence shows your mutual dedication to a shared life. Examples include evidence of wills naming each other as beneficiaries, power of attorney documents, joint future plans (property purchases, fertility treatment records, adoption applications), evidence of the duration of the relationship, and any legal declarations of your commitment.

Pillar What It Demonstrates Sample Evidence
Financial Shared finances or financial interdependence Joint bank statements, joint loans, shared insurance policies, superannuation beneficiary nominations
Household Shared domestic life Joint lease/mortgage, utility bills in both names, shared household purchases, statutory declarations
Social Public recognition of the relationship Dated photographs, joint travel records, correspondence, third-party statements
Commitment Mutual dedication to a long‑term life together Wills, power of attorney, joint property plans, fertility/adoption records

Form 888, Statutory Declarations From Witnesses

In addition to your own evidence, you need at least two Form 888 statutory declarations completed by people who personally know your relationship. Each Form 888 declarant must be an Australian citizen, permanent resident or eligible New Zealand citizen aged 18 or over. The declarations must be witnessed in accordance with statutory declaration requirements, typically by a Justice of the Peace, lawyer, pharmacist or other authorised witness. Declarants should describe how they know the couple, the nature and duration of the relationship as they have observed it, and specific examples demonstrating the relationship is genuine.

For a complete printable partner visa checklist covering all four pillars and Form 888, see our partner visa checklist resource.

Health, Character and Police Checks

Every partner visa applicant (and any dependants included in the application) must satisfy health and character requirements set by DoHA.

Medical Examination Workflow

Medical examinations must be conducted by a DoHA‑approved Panel Physician. You can find your nearest Panel Physician through the DoHA website. The examination typically includes a physical check‑up, chest X‑ray and blood tests. Results are submitted directly to DoHA by the physician, you do not upload them yourself. It is advisable to arrange your medical examination soon after lodgement so that results are available when the case officer reviews your file.

Character Checks and Police Certificates

You must provide police clearance certificates from every country you have lived in for 12 months or more (cumulatively) since turning 16. For Australia, this means an Australian National Police Check (also known as an AFP check). Overseas certificates must come from the relevant authority in each country. Some countries have specific requirements or longer processing times for police checks, start the process early.

What Happens If Issues Arise

If a health or character concern is identified, DoHA may request additional information, refer you to a Medical Officer of the Commonwealth, or issue a notice of intention to refuse. In such cases, seeking qualified immigration legal advice promptly is strongly recommended, as the response timeframes can be tight and the consequences significant.

Partner Visa Australia Cost, Practical Fees and Processing Times

Budgeting accurately is essential when understanding how to apply for partner visa Australia. The partner visa is one of the more expensive Australian visa categories, and the total cost extends beyond the base visa application charge.

Base Visa Application Charge

The Department of Home Affairs sets the base visa application charge and may update it periodically. Always confirm the current fee on the official DoHA partner visa (onshore) page or the DoHA partner visa (offshore) page immediately before you lodge, do not rely on third‑party figures, as fees can change between financial years. If additional applicants (such as dependent children) are included, supplementary charges apply for each.

Additional Costs to Budget For

  • Medical examinations. Panel Physician fees vary by clinic and location, budget several hundred dollars per person.
  • Police certificates. Australian National Police Check fees and overseas police clearance fees vary by country.
  • Document translation. All non‑English documents must be translated by a NAATI‑accredited translator.
  • Migration agent or lawyer fees. If you engage a registered migration agent or immigration lawyer, their professional fees are additional. Fees vary widely depending on case complexity.
  • Biometrics. In some cases, DoHA may request biometric data, which incurs a separate fee.

Partner Visa Australia Processing Time, How Long Does It Take?

Processing times for partner visas vary depending on the subclass, the completeness of your application and current DoHA caseloads. DoHA publishes indicative processing times on its website, which are updated regularly. As a general guide, the temporary partner visa (subclass 820 or 309) can take many months to over a year from lodgement to decision. The permanent visa (subclass 801 or 100) is typically assessed around two years after the original application date, though this timeline is not guaranteed.

How long does it take to sponsor a spouse to Australia? The answer depends heavily on individual circumstances. Applications with complete evidence across all four pillars, clear health and character results, and no complications are generally processed faster. Incomplete applications or those requiring additional information requests can experience significantly longer wait times.

For onshore applicants, a Bridging Visa A is usually granted upon lodgement, allowing lawful stay in Australia while waiting. Offshore applicants do not receive a bridging visa and must remain outside Australia until their subclass 309 is decided. Detailed guidance on partner visa processing times and how to read DoHA statistics is available as a supporting resource.

After Lodgement, Requests for More Information, Bridging Visas and Decision Outcomes

Responding to Requests for Information

After lodgement, a case officer may issue a request for further information if your application is incomplete or if additional evidence is needed. These requests come with a deadline, typically 28 days, though this can vary. Upload your response and any additional documents through ImmiAccount before the deadline expires. Failing to respond in time can result in a decision being made on the information available, which may lead to refusal.

Bridging Visa Basics

Onshore applicants who held a substantive visa at the time of lodgement are generally granted a Bridging Visa A (BVA). This visa allows you to remain in Australia, work and access Medicare (in most circumstances) while your application is being processed. If you need to travel while on a BVA, you must apply for a Bridging Visa B before departing, otherwise your BVA may cease and you could have difficulty re‑entering Australia.

Review Options If Your Application Is Refused

If your partner visa application is refused, you generally have the right to seek merits review at the Administrative Appeals Tribunal (AAT). Strict time limits apply, typically 21 days for onshore applicants and 70 days for offshore applicants from the date of notification. In some cases, judicial review through the Federal Circuit and Family Court of Australia may also be available. Given the complexity and time sensitivity of review proceedings, obtaining immigration legal advice as soon as a refusal is received is critical.

Practical Tips and Common Pitfalls When Applying for Partner Visa Australia

Even well‑prepared applications can encounter problems. The following practical tips address the most common pitfalls seen in partner visa lodgements:

  • Label every photograph. Undated and unlabelled photos carry little evidentiary weight. Include the date, location and names of the people in each image.
  • Ensure Form 888 declarations are properly witnessed. Unsigned or unwitnessed statutory declarations are invalid. Double‑check that each declarant has signed in front of an authorised witness and that the witness has also signed and printed their details.
  • Align your dates. Mismatched dates between your application form, statutory declarations and supporting documents raise credibility concerns. Cross‑reference every date before uploading.
  • Do not rely on quantity alone. A smaller number of high‑quality, relevant documents across all four pillars is more persuasive than hundreds of disorganised pages. Curate your evidence package deliberately.
  • Start police checks early. Some countries take months to issue police clearances. Begin the process as soon as you decide to apply.

Simple Timeline Checklist

  1. Months 1–2: Preparation. Gather evidence, arrange relationship registration if applicable, identify your Panel Physician and start police checks.
  2. Month 3: Lodgement. Create ImmiAccount, complete Forms 47SP and 40SP, link TRNs, pay the fee and upload all evidence.
  3. Months 3–6: Health and character. Complete medical examinations and submit all police certificates.
  4. Ongoing: Respond to requests. Monitor ImmiAccount regularly and respond to any requests for information within the deadline.
  5. Decision. Await the temporary visa decision; later, the permanent visa assessment follows around two years after lodgement.

Next Steps

Applying for a partner visa is one of the most significant immigration decisions a couple can make, and getting the application right the first time can save months of delay and considerable expense. Whether you are navigating the 12‑month de facto rule, preparing evidence across the four pillars, or working out how to apply for partner visa in Australia as an offshore applicant, professional guidance from an experienced immigration practitioner can make a material difference to the strength and timeliness of your application.

Explore the Australia lawyer directory on Global Law Experts to connect with qualified immigration professionals who regularly handle partner visa matters.

This article is general information only and does not constitute legal advice. Immigration rules, fees and processing times are subject to change. Always verify current requirements on the Department of Home Affairs website and seek independent legal advice tailored to your individual circumstances before lodging an application.

Need Legal Advice?

This article was produced by Global Law Experts. For specialist advice on this topic, contact Maggie Taaffe at AHWC Immigration Law, a member of the Global Law Experts network.

Sources

  1. Department of Home Affairs, Partner visa (onshore) (820 & 801)
  2. Department of Home Affairs, Partner visa (offshore) (309 & 100)
  3. DoHA ImmiAccount login / lodgement guidance
  4. IARC, Partner visa factsheet
  5. Lewis Bollard Migration, How to apply guide
  6. VisaEnvoy, Partner visa overview
  7. Flow Migration Law, Partner visa checklist
  8. IARC partner-visa PDF (detailed checklist)
  9. Migration Doctors Australia, Statutory declaration context
  10. Beyond Horizons, Partner visas Australia

FAQs

How do you qualify for a partner visa in Australia?
You must be the spouse, de facto partner (with at least 12 months’ cohabitation) or registered partner of an Australian citizen, permanent resident or eligible New Zealand citizen. Both applicant and sponsor must meet health and character requirements, and you must provide evidence of a genuine, ongoing and exclusive relationship across the four evidence pillars defined by DoHA.
Processing times vary by subclass and individual case complexity. DoHA publishes indicative processing times on its website, which are updated regularly. The temporary visa stage can take many months to over a year, with the permanent visa assessed approximately two years after the initial application date. Complete applications with clear evidence are generally processed faster.
The Department of Home Affairs sets the base visa application charge, which should be confirmed on the official DoHA partner visa page before lodging. Additional costs include medical examination fees, police check fees, NAATI‑accredited translation fees and any migration agent or lawyer fees you choose to incur. The total partner visa Australia cost depends on your specific circumstances.
Yes. You can sponsor a de facto partner, including same‑sex partners, provided you can evidence at least 12 months’ cohabitation or hold a registered relationship in an Australian state or territory. You must also meet sponsor eligibility criteria, including citizenship or residency status and sponsorship history limits.
The applicant completes Form 47SP (Application for Migration to Australia by a Partner) and the sponsor completes Form 40SP (Sponsorship for a Partner to Migrate to Australia). Both forms are lodged through ImmiAccount. The sponsor’s TRN must be linked to the applicant’s application before payment and evidence upload.
A registration waiver allows de facto couples to rely on an Australian state or territory relationship registration instead of demonstrating 12 months’ continuous cohabitation. Where available, this registration removes the 12‑month rule, though you must still provide evidence that the relationship is genuine and continuing. Availability and procedures vary by jurisdiction.
Form 888 is a statutory declaration completed by a person who knows your relationship, they must be an Australian citizen, permanent resident or eligible New Zealand citizen aged 18 or over. At least two Form 888 declarations are generally required. Each form must be signed in front of an authorised witness such as a Justice of the Peace, lawyer or pharmacist.
DoHA may issue a request for further information with a set deadline, commonly 28 days. Upload your response and supporting documents through ImmiAccount before the deadline. If you fail to respond in time, a decision may be made on the available material, potentially resulting in refusal. If a request raises complex health, character or relationship issues, seek immigration legal advice immediately.
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How to Apply for Partner Visa Australia: Eligibility, 12‑month De Facto Rule, Forms, Fees & Processing Times

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