Partner Visa Age Requirements

Partner visa age requirements decide whether a couple can apply at all, before the Department looks at how genuine the relationship is. The partner visa age requirements are not found in one place. They come from the Migration Act 1958, the Migration Regulations 1994 and, for married couples, the Marriage Act 1961. Some rules apply to the applicant, some apply to the Australian partner, and some apply to both.

This guide explains the partner visa age requirements for the onshore Subclass 820 and Subclass 801 partner visa, the offshore Subclass 309 and Subclass 100 partner visa and the Subclass 300 Prospective Marriage visa. It covers de facto couples, married couples, engaged couples, sponsors under 18, applicants under 18, forced marriage concerns, age gaps and how to prove age. If you want an overview of the whole process first, our complete guide to partner visas in Australia explains every stage. If an age issue already affects your plans, our partner visa lawyers can review your position before anything is lodged.

What are the partner visa age requirements? The short answer

The partner visa age requirements are that both partners in a de facto relationship must be at least 18 when the application is made, both parties to a Subclass 300 application must be at least 18 when it is made, and a married couple must have a marriage that Australian law recognises as valid. There is no maximum age. The law protects minors, so most routes are closed to people under 18.

In summary, the main partner visa age requirements are:

• De facto partners: the applicant and the partner must both have been at least 18 at the time of application, under subregulation 2.03A(2) of the Migration Regulations 1994.
• Married partners: the marriage must be valid for the purposes of the Migration Act 1958. The marriageable age in Australia is 18, with a narrow court-ordered exception for a person aged 16 or 17, and only some foreign marriages involving a person under 18 are recognised.
• Prospective Marriage (Subclass 300): the applicant and the sponsor must each be at least 18 at the time of application, and must have met in person since both turned 18.
• Sponsors: if the Australian spouse has not turned 18, the sponsorship must come from that spouse's parent or guardian, who must have turned 18.
• No upper age limit: older applicants and sponsors can apply on the same terms as anyone else.

Each of these partner visa age requirements is explained in detail below.

Why partner visa age requirements come from several laws

Partner visa age requirements come from several laws because a partner visa depends on a relationship, and different laws define different relationships. The Migration Act 1958 defines who is a spouse and who is a de facto partner. The Migration Regulations 1994 add extra criteria, including minimum ages. The Marriage Act 1961 decides whether a marriage is valid in Australia, and that includes the age of the people who married.

The main sources of partner visa age requirements are:

• Section 5F of the Migration Act 1958, which defines a married relationship. One part of that definition is that the couple are married under a marriage that is valid for the purposes of the Act.
• Section 12 of the Migration Act 1958, which says that Part VA of the Marriage Act 1961 decides whether a foreign marriage is recognised as valid for migration purposes, with section 88E of the Marriage Act excluded.
• Section 5CB of the Migration Act 1958 and regulation 1.09A, which define a de facto relationship and set out the four aspects the Department assesses.
• Regulation 2.03A, which adds the minimum age of 18 for both de facto partners and, for some visas, the 12 month relationship requirement.
• Schedule 2 criteria for each visa subclass, which set the age rules for Subclass 300 applicants and for sponsors.

This structure is why a couple can meet one set of partner visa age requirements and fail another. A couple who married overseas when one of them was 17 may not have a marriage that Australian migration law recognises. They may still qualify as de facto partners later, but only once both are 18 when they apply. Our guide to the de facto partner visa and the 12 month rule explains the de facto definition in more depth.

Partner visa age requirements for de facto couples

Both de facto partners must have been at least 18 years old at the time the visa application was made. This is a strict rule. Subregulation 2.03A(2) of the Migration Regulations 1994 applies to every visa application where the applicant claims to be in a de facto relationship, whether as the main applicant or as a member of the family unit.

Department policy on the assessment of de facto relationships states that if either party was under 18 when the application was made, the applicant cannot meet regulation 2.03A, even if:

• the relationship otherwise meets the section 5CB definition of a de facto relationship;
• the 12 month relationship requirement (or an exception to it) is met;
• every other Schedule 2 criterion is met; or
• the person turns 18 before the decision is made.

That last point surprises many couples. The partner visa age requirements for de facto partners look at age on the day of lodgement. Waiting for a birthday while the application is processed does not help. If one partner is 17 on the day the application is lodged, the de facto claim will fail on age alone.

Age is tested at the time of application

The Department assesses regulation 2.03A as a time of decision criterion, but the age part of it looks back to the time of application. In practical terms, the date the online application is lodged is the date that matters. For couples where one partner is close to their 18th birthday, the safest course is to lodge only after both partners have turned 18. A few days of waiting costs far less than a refusal.

Turning 18 does not repair an early application

A de facto application lodged when one partner was under 18 cannot be repaired by later events, unless the couple's relationship status changes in a way the law recognises. The usual answer is a fresh, properly timed application. Where a refusal has already happened, our guide to partner visa refusal appeal options explains what can be done, and our article on a partner visa after a visa refusal explains when a new application can be made in Australia.

Marrying during processing changes the test

If a de facto couple marry after lodging, and the marriage is valid for migration purposes, the Department assesses them as a married couple at the time of decision. Department policy states that section 5CB and regulation 2.03A then no longer apply, because the applicant is now in a married relationship under section 5F. On the question of partner visa age requirements, this means the de facto age rule stops being the relevant test once a valid marriage exists. The marriage itself must still satisfy Australian law, including the marriageable age rules explained below. This should be planned with advice, not done in a hurry to fix an age problem.

The 12 month rule is a separate requirement

The 12 month relationship requirement in regulation 2.03A is separate from the partner visa age requirements. It applies to some visas, including the Subclass 820 and Subclass 309, and it has exceptions, such as compelling and compassionate circumstances or a relationship registered under a prescribed State or Territory law. Our article on whether you really need 12 months of de facto relationship for a Subclass 820 visa explains those exceptions. Registering a relationship does not change the age rule. Both partners must still be at least 18 at lodgement.

Partner visa age requirements for married couples

The partner visa age requirements for married couples work through the validity of the marriage, not through a separate migration age test. Section 5F of the Migration Act 1958 requires the couple to be married to each other under a marriage that is valid for the purposes of the Act. If the marriage is not valid because one party was too young, the couple are not spouses for migration purposes.

Marriages solemnised in Australia

The marriageable age in Australia is 18. The Marriage Act 1961 permits a person aged 16 or 17 to marry only in narrow circumstances, where a judge or magistrate makes an order under section 12 of the Marriage Act authorising the marriage to a particular person who is at least 18. Department policy notes that such an order remains in force for three months. A person under 16 cannot marry in Australia at all.

For partner visa age requirements, this means a marriage solemnised under the Marriage Act will usually involve two people who were 18 or over. Where one party was 16 or 17, the marriage certificate and the court order together show that the marriage was lawfully authorised. Department policy confirms that marriages solemnised under the Marriage Act are recognised for migration purposes, provided real consent was given by both parties.

Foreign marriages where a party was under 18

A foreign marriage involving a person under 18 is recognised only in limited cases. Department policy, applying section 88D of the Marriage Act 1961, states that such a marriage is recognised if both parties were at least 16 at the time of the marriage, the marriage was valid in the country where it took place, and neither party was domiciled in Australia at the time of the marriage.

Department policy describes three situations:

• Both parties domiciled outside Australia and both at least 16: the marriage can be recognised if it was valid where it was solemnised.
• Both parties domiciled outside Australia and one or both under 16: the marriage is not recognised while either party is under 16, and policy states it becomes recognised once the younger party turns 16. Delegates are told to seek advice from the Department's partner policy area in these cases.
• Either party domiciled in Australia at the time of marriage and either party under 18: the marriage is not recognised under section 88D, and it is incapable of being recognised for migration purposes.

The third situation is the one that most often affects partner visa age requirements in practice. Consider an Australian citizen who travels overseas at 17 to marry. Even if the marriage was lawful in that country, the Australian partner was probably domiciled in Australia. The marriage cannot be the basis of a spouse application. Our guide to the Subclass 309 offshore partner visa explains how overseas marriages are usually evidenced when no age problem exists.

Why domicile matters for partner visa age requirements

Domicile is a legal concept that looks at where a person has their permanent home, not simply where they were living on the day of the wedding. Department policy recognises that cases can arise where an Australian citizen or permanent resident has lived overseas for a long time and may not be domiciled in Australia. Domicile can change the answer on partner visa age requirements for a married couple, so it should be assessed carefully on the facts. It is not something a couple should guess.

If the marriage is not recognised

If a marriage cannot be recognised because of age, Department policy states that the couple may still be assessed as de facto partners, provided both have turned 18 and the relationship meets section 5CB. In that case the de facto partner visa age requirements apply, so both must have been 18 at the time of application, and the 12 month rule must be met or an exception must apply. Our guides to preparing evidence of a genuine relationship and partner visa relationship evidence explain what a de facto claim needs.

Couples can also remarry in Australia once both are 18 and the earlier marriage issue has been properly assessed. Whether that is necessary, and how it interacts with the earlier foreign marriage, depends on the facts and should be checked before any step is taken.

Same-sex couples

The partner visa age requirements are the same for same-sex couples. Spouse and de facto relationships under the Migration Act 1958 include both same-sex and opposite-sex couples. Our LGBTI partner visa page explains how the firm acts for same-sex couples.

Partner visa age requirements for the Subclass 300 Prospective Marriage visa

The partner visa age requirements for the Subclass 300 Prospective Marriage visa are that the applicant must be at least 18 at the time of application, and the prospective spouse, who must also be the sponsor, must be at least 18 at the time of application. Department policy cites clause 300.212A for the applicant and subclause 300.213(2) for the prospective spouse.

There is a third age rule that is easy to miss. Subclause 300.214(1) requires the couple to have met in person since each of them turned 18. Department policy states that the onus is on the couple to provide satisfactory evidence of that meeting. Written correspondence, phone calls and internet contact do not count as meeting in person. Department policy refers to the Full Federal Court decision in Minister for Immigration and Citizenship v Yucesan [2008] FCAFC 110 on what "met" means.

On partner visa age requirements for engaged couples, this means:

• Both people must be 18 or over on the day the Subclass 300 application is lodged.
• They must have been physically in each other's company at least once after the younger of them turned 18.
• Meeting as children, or knowing each other through families since childhood, is not enough on its own. There must be an in-person meeting as adults.
• The couple must be known to each other personally and must genuinely intend to marry and live together as spouses.

Evidence of meeting in person as adults

Because the Subclass 300 partner visa age requirements link age to the in-person meeting, the evidence should show both. Useful evidence includes passport stamps and travel records that place both people in the same location after the younger turned 18, photographs with dates, accommodation records and statements from people who saw the couple together. Our partner visa document checklist explains how to organise this kind of evidence.

Arranged marriages and the Subclass 300 visa

An arranged engagement does not by itself prevent a Subclass 300 visa. Department policy states that the clause 300.214 requirements still apply to couples whose marriage was arranged before they turned 18. The couple must have met in person since both turned 18 and must be known to each other personally.

Department policy also recognises that arranged marriages can arise from commitments made when the parties were children, without their informed consent. Delegates must be satisfied that both parties genuinely intend to live together as spouses, which means both must have given real consent to the prospective marriage. Where one party indicates that the marriage is going ahead only because of family duress or cultural pressure, the criteria cannot be met on that person's account. Our Subclass 300 Prospective Marriage visa page explains the wider criteria for engaged couples.

Marrying after the Subclass 300 visa is granted

A Subclass 300 holder must marry the sponsor during the visa period and can then apply for the onshore Subclass 820 and Subclass 801 partner visa. By then both people will be over 18, so the age rules for the later application usually raise no new issue. The marriage itself must still be valid under the Marriage Act 1961. Our guide to the Subclass 820 vs Subclass 801 stages explains the two-stage process that follows.

Sponsor age: partner visa age requirements for the Australian partner

The Australian partner must usually be the sponsor, and the sponsor must have turned 18. Where the Australian spouse has not turned 18, the law requires a different sponsor. For the Subclass 820, paragraphs 820.211(2)(c), 820.211(5)(f) and 820.211(6)(c) provide that the applicant must be sponsored:

• by the spouse or de facto partner, if that person has turned 18; or
• by the parent or guardian of the spouse or de facto partner, if the spouse or de facto partner has not turned 18, provided the parent or guardian has turned 18 and is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

Subclause 309.213(1) contains the same structure for the offshore Subclass 309 visa. Subclause 309.213(2) applies a similar rule where the applicant intends to marry the Australian partner.

When a sponsor under 18 can arise

In practice, a sponsor under 18 can arise only in a spouse case. The de facto partner visa age requirements already require both partners to be 18 at the time of application, so an Australian de facto partner under 18 cannot support a de facto claim. A married Australian partner aged 16 or 17 can arise where the marriage was authorised by an Australian court order or where a foreign marriage is recognised under the rules explained above.

These cases are rare and sensitive. The parent or guardian takes on the sponsorship obligations, and the Department will look closely at the circumstances. The rules on partner visa sponsorship limitations still apply to whoever sponsors, and our article on when a sponsor cannot sponsor a partner visa explains the limits on previous sponsorships.

Sponsors of applicants under 18

A separate rule protects applicants who are minors. Department policy explains that regulation 1.20KB applies where a sponsor has a conviction for, or an unresolved charge for, a registrable offence and is sponsoring an applicant who is under 18. In that situation the Minister must, subject to some exceptions, refuse the sponsorship. Partner visa sponsors provide police checks as part of this process. This rule is part of the wider set of partner visa age requirements designed to protect children, including children included in the application.

Applicants under 18 and the partner visa age requirements

An applicant under 18 cannot be a de facto partner for visa purposes and cannot apply for a Subclass 300 visa. The only partner visa route open to a person under 18 is as the spouse in a marriage that Australian law recognises. That is a narrow group, and Department policy directs extra care in these cases.

The partner visa age requirements interact with several other criteria when the applicant is young:

• The values statement: under paragraph 820.224(1)(b) and the equivalent Subclass 309 criteria, Public Interest Criterion 4019 applies only if the applicant had turned 18 at the time of application.
• Child safeguarding: Department policy for the Subclass 820 visa directs delegates to take into account the Child Safe Standards and the Department's Child Safeguarding Framework during processing.
• Sponsor police checks: regulation 1.20KB applies where the applicant is under 18, as explained above.
• Identity: every applicant must satisfy Public Interest Criterion 4020, including the identity requirement, which makes proof of age central.

Children included in a partner visa application

Children of the applicant can be included in the application as members of the family unit. They are not subject to the relationship age rules, because they are not claiming to be anyone's partner. Different protections apply instead.

For the Subclass 820, clause 820.225 provides that the main applicant cannot be granted the visa if a member of the family unit who is under 18 and who made a combined application does not satisfy Public Interest Criteria 4015 and 4016. Those criteria deal with custody (parental responsibility) and the best interests of the child. Clause 820.324 requires a secondary applicant who has not turned 18 to satisfy Public Interest Criteria 4017 and 4018. Department policy describes this as a "one fails, all fail" approach, so a custody problem with a child can stop the whole family's application. Clause 801.225 contains the same protection for the permanent Subclass 801 stage. Clause 309.229 applies it to the offshore Subclass 309, and clause 300.227 applies it to the Subclass 300. For secondary applicants under 18, clauses 309.326 and 300.326 require Public Interest Criteria 4017 and 4018 to be satisfied.

Where the other parent of a child is overseas and has not consented, these criteria can become the hardest part of the case. That is a different issue from the partner visa age requirements for the couple, but it is often raised in the same consultation. Our Subclass 820 partner visa guide explains how children are included.

When a child's age is uncertain

A child's age matters for the family unit criteria, so an uncertain date of birth for a child can cause problems of its own. One remitted Tribunal decision is 2609287 (Migration) [2026] ARTA 1520, a Subclass 309 matter in which the reported issues were whether a child of the applicant and her spouse was a member of the family unit, that the family were unaware of age-related visa requirements, and that the child's exact date of birth was unknown. The decision was remitted. It shows that the age of every person in the application, not only the couple, should be checked and documented before lodgement. Where a child's exact date of birth is not known, the reason should be explained with whatever records exist.

Forced marriage and partner visa age requirements

Forced marriage is a criminal offence in Australia, and a marriage involving a child under 16 is always a forced marriage. Department policy on the assessment of spouse relationships refers to sections 270.7A and 270.7B of the Criminal Code Act 1995. A marriage is a forced marriage where either party entered it without freely and fully consenting because of coercion, threat or deception, or because they could not understand the nature and effect of the ceremony. A marriage is also a forced marriage if either party was under 16 when it was entered into.

The partner visa age requirements and the forced marriage laws work together to protect young people. The Criminal Code definition of marriage for this purpose is broad, and it includes marriages that are void, invalid or not recognised in Australia, and marriages recognised under the law of a foreign country.

Real consent

"Real consent" is a concept in the Marriage Act 1961. Under paragraph 23B(1)(d), a marriage is void where the consent of either party is not real consent because it was obtained by duress or fraud, because that party was mistaken about the identity of the other party or the nature of the ceremony, or because that party did not understand the nature and effect of the ceremony. Department policy notes that, under paragraph 88D(2)(d) of the Marriage Act, foreign marriages are also not recognised if real consent was absent.

What the Department does when forced marriage is suspected

Department policy directs delegates to be alert for indicators of forced marriage and to act with care and sensitivity, because a suspected victim's safety may be at risk if their situation becomes known to others. Where a suspected victim is at risk of immediate harm, or is a minor, delegates are told to contact the Australian Federal Police or State or Territory police without delay. Onshore, suspected cases are referred to the Human Trafficking Contact Officer in the Australian Border Force, who refers matters to the Australian Federal Police under a referral protocol.

For anyone reading this who is under pressure to marry, or to sponsor or be sponsored against their will, the most important point is that the law is on the side of the person being pressured. A person in immediate danger should call 000. A person who is being sponsored and who experiences family violence from the sponsor may also have protections under the partner visa family violence provisions.

Protecting young people is the purpose of the rules

The partner visa age requirements are not technicalities. They exist so that the partner visa system is not used to bring children into marriages they did not choose. Department policy places responsibility on delegates to look behind documents where something suggests a lack of consent. Couples whose circumstances are entirely genuine, but who married young under the law of another country, should expect careful questions and should prepare clear evidence of the legal position and of their free consent.

Is there a maximum age for a partner visa?

No. There is no maximum age in the partner visa age requirements for the applicant or the sponsor. A person in their 60s, 70s or older can apply for a Subclass 820, Subclass 309 or Subclass 300 visa on the same criteria as anyone else, and an older Australian citizen or permanent resident can sponsor a partner.

Age can still matter in other ways. Older applicants must meet the same health and character criteria as younger applicants, and the health assessment looks at the individual's health, not their age as such. The relationship must be genuine and continuing, and the four aspects of the relationship (financial aspects, the nature of the household, social aspects and the nature of the commitment) are assessed in the same way at any age. Our article on partner visa relationship evidence explains how those aspects are shown.

Age gaps are not part of the partner visa age requirements

An age gap between partners is not one of the partner visa age requirements. No law sets a maximum age difference, and a large gap is not a ground for refusal. The legal tests are whether the couple are spouses or de facto partners, whether the relationship is genuine and continuing, and whether the other criteria are met.

In practice, a substantial age difference can lead the Department to look more closely at whether the relationship is genuine. The Administrative Review Tribunal (and before it, the Administrative Appeals Tribunal) has dealt with partner visa refusals where age difference was part of the reasoning. Two examples are recorded in decisions that were remitted for reconsideration:

• Tay (Migration) [2023] AATA 574, a Subclass 309 matter, where the reported issues included a substantial age difference and persuasive evidence consistent with the sponsor's commitment to the relationship, with a copy of the marriage certificate provided.
• Rahmani (Migration) [2022] AATA 3881, a Subclass 309 matter, where the reported issues included the couple's commitment to a shared life, a valid marriage in a third country, an age difference in which the sponsoring wife was significantly older, and limited time spent together.

A more recent remitted decision is Magallanes (Migration) [2025] ARTA 1331, a Subclass 820 matter in which the reported issues were the age difference and limited evidence provided to the Department, with detailed statements and documentation then provided to the Tribunal. That pattern is common: the age gap draws attention, and thin evidence fails to answer it.

These decisions do not create a rule that age gaps are acceptable or unacceptable. They show that an age difference is weighed with all the other evidence. The answer to an age gap concern is strong evidence of the relationship itself, presented clearly. Our guide on why partner visas get refused and our article on why Subclass 820 partner visas are refused explain the patterns that lead to refusal.

How to present a relationship with a large age difference

A couple with a large age difference should address it directly rather than hope it goes unnoticed. The partner visa relationship statement is the natural place for each partner to explain, in their own words, how the relationship began and developed. Form 888 statements from people who know the couple can describe how the relationship is seen by family and friends. Our guides on who can make a Form 888 and Form 888 example answers explain what those statements should cover.

Evidence of age for partner visa age requirements

Every applicant must prove their identity, including their date of birth, and that proof is what the Department relies on to apply the partner visa age requirements. Public Interest Criterion 4020 includes an identity requirement, and Department policy states that the onus is on the applicant to satisfy the decision maker of their true identity. Policy also states that there is no benefit of the doubt in relation to identity.

The usual evidence of age includes:

• a current passport;
• a birth certificate or the official equivalent in the country of birth;
• a national identity card where one is issued;
• for the Australian partner, an Australian birth certificate, passport or citizenship certificate.

Department policy describes "three pillars of identity": biometrics, documents and the person's life story. Greater weight is given to reliable identity documents issued by government agencies. Other documents, such as school records, can still form part of the life story.

Explaining different dates of birth

A difference in the date of birth across documents should be explained with evidence, early, and in writing. Differences are common. They can arise from late birth registration, conversion between calendars, clerical mistakes by an issuing authority or a typing error in an earlier application. A difference that is not explained can trigger identity concerns, and identity concerns must be resolved before a visa can be granted.

Department policy on Public Interest Criterion 4020 gives guidance that is helpful here:

• A typographical error that is not repeated, such as 1989 instead of 1998, is given as an example of a mistake without purposeful falsity.
• If an applicant claims an innocent mistake and the decision maker accepts it, the decision maker can find that there was no purposeful falsity.
• A document altered by someone without authority, for example a licence with the birth date changed, is treated as a bogus document.
• Where false or misleading information is suspected, the applicant must be given an opportunity to comment under section 57 of the Migration Act 1958.

One remitted decision is Amoah (Migration) [2024] AATA 2511, a Subclass 300 matter in which the reported issue was identity, where an educational certificate provided with a previous application showed a different year of birth, recorded as a probable error by the issuer, and the certificate had been submitted as evidence of education history, not identity. It shows why a date of birth difference on a secondary document should be explained in context.

Two other remitted decisions show how seriously date of birth issues are treated. 2311969 (Migration) [2025] ARTA 1666, a Subclass 820 matter, recorded identity issues covering name, date of birth, ethnicity and citizenship, with different spellings and other discrepancies weighed against country information and Department policy. Udeh (Migration) [2025] ARTA 2009, a Subclass 309 matter, recorded issues of false or misleading information and bogus documents concerning a date of birth and a passport, with non-compliance conceded and the discretion to waive the criterion in issue. On the question of partner visa age requirements, the lesson from both is the same: inconsistencies in a date of birth should be dealt with openly and early, with evidence, rather than left for a decision maker to discover.

If the Department has already written about a date of birth problem, our guide to the section 57 natural justice letter explains how to respond, and our article on responding to a section 56 request covers requests for more documents. Our guide to completing Form 80 without errors explains why personal particulars must be consistent across every form.

Correcting a date of birth after lodgement

If a date of birth was entered incorrectly in the application, it should be corrected in writing. Section 104 of the Migration Act 1958 requires applicants to notify the Department of changes in circumstances that make an answer in the application incorrect, and our guide to Form 1022 change of circumstances explains how that notice is given. Where the issue is a simple error, a short explanation with the correct supporting document is usually the right approach. Where the error goes to whether the partner visa age requirements were met at the time of application, the issue is far more serious and should be assessed before anything is sent.

Partner visa age requirements by visa subclass

The partner visa age requirements differ slightly between visa subclasses, but the core rule is the same: no de facto or engaged couple can apply until both partners are 18. The position for each visa is as follows.

• Subclass 820 and Subclass 801 (onshore): a de facto applicant and partner must both have been 18 at the time of application under regulation 2.03A. A spouse applicant must have a marriage that is valid for migration purposes. A spouse under 18 cannot sponsor, so a parent or guardian who has turned 18 must sponsor instead. Our Subclass 820 visa guide explains the wider criteria.
• Subclass 309 and Subclass 100 (offshore): the same de facto age rule applies, and subclause 309.213(1) contains the same parent or guardian sponsorship rule. Subclause 309.213(2) applies a similar rule where the applicant intends to marry the Australian partner.
• Subclass 300 (Prospective Marriage): the applicant and the prospective spouse must each be at least 18 at the time of application, and they must have met in person since both turned 18. There is no parent or guardian alternative for the sponsor.
• All partner visas: there is no maximum age, and no rule about the age difference between the partners.

Department policy also notes that the Australian court order route for a person aged 16 or 17 to marry is, in practice, likely to have implications mainly for Subclass 300 applicants. That is because a Subclass 300 couple intend to marry in Australia. For most couples, the practical answer to partner visa age requirements is simply to wait until both partners are 18 and then choose the right visa. Our guide to the Subclass 820 vs Subclass 801 stages and our Subclass 820 visa guide on requirements and documents explain what follows once the age rules are met.

What to do if one partner is not yet 18

If one partner is not yet 18, the safest course is usually to wait until both partners have turned 18 before lodging any partner visa application. Most partner visa age requirements are tested on the day of lodgement, so the date of the 18th birthday decides the earliest safe lodgement date.

In practice, a couple in this position should:

• confirm both dates of birth against passports and birth certificates before planning anything;
• not marry overseas while one partner is under 18 if either partner is domiciled in Australia, because that marriage cannot be recognised for migration purposes;
• keep a record of the relationship as it develops, including time spent together, communication and travel, because that evidence will matter later;
• if they intend to apply for a Subclass 300 visa, plan an in-person meeting after both have turned 18 and keep proof of it; and
• obtain advice on the applicant's current visa and any visa conditions, so that the applicant remains lawful while the couple wait.

Waiting is not a weakness in the application. A relationship that began when one partner was young is not barred for that reason alone. What the law requires is that the application is made at the right time and that the relationship is genuine. Partner visa age requirements reward careful timing. Our guides to the partner visa document checklist and the 820 partner visa evidence checklist explain what to collect in the meantime.

Common mistakes with partner visa age requirements

The most common mistakes with partner visa age requirements are about timing and assumptions, not about the law being unclear. They include:

• Lodging a de facto application before both partners have turned 18, expecting a birthday during processing to fix the problem.
• Assuming that a marriage lawful in another country is automatically valid for Australian migration purposes, even where one party was under 18 and the Australian partner was domiciled in Australia.
• Applying for a Subclass 300 visa without evidence of an in-person meeting after both people turned 18.
• Listing an Australian spouse under 18 as the sponsor, instead of the parent or guardian the law requires.
• Treating an age gap as a reason not to apply, or as something to hide, instead of addressing it with evidence.
• Ignoring date of birth differences across documents until the Department raises them.
• Believing there is an upper age limit and delaying an application for that reason.

Each of these mistakes can lead to a refusal that could have been avoided. Where a refusal has already happened, review deadlines are short and strictly applied. Our guides to the ART review process after a refusal, our partner visa refusals page and our visa appeal lawyer guide explain the next steps for people who can still act.

Partner visa age requirements and other partner visa issues

Partner visa age requirements are often only one part of a wider problem. A young couple may also have a visa status issue, a lodgement deadline or a need for a bridging visa. Applicants without a substantive visa may face the Schedule 3 criteria, and our Schedule 3 waiver page explains how those criteria are addressed. Applicants who came to Australia on a visitor visa can read our guide on moving from a tourist visa to a partner visa. Our guide to bridging visas in Australia explains the visa that usually keeps an onshore applicant lawful while the application is processed.

For couples deciding whether they need professional help, our articles on when you need an immigration lawyer for a partner visa, a partner visa lawyer compared with doing it yourself, our factual comparison of a partner visa migration agent or lawyer and our guide to booking an immigration lawyer consultation explain the options. If an application was lodged without help, our article on hiring an immigration lawyer after lodgement and our guide to Form 956 and 956A explain how a lawyer can step in. Our guide to getting a second opinion from an immigration lawyer explains what a file review involves.

Where My Migration Lawyers acts on partner visa matters

My Migration Lawyers acts for couples across Australia, with consultations by video. Couples can find our local partner visa pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Where an age issue sits alongside other visa problems, our general immigration pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta explain our wider practice. Couples comparing representatives may find our guides on choosing a partner visa lawyer in Australia and on a partner visa lawyer in Australia useful. More of our partner visa writing is on the My Migration Lawyers blog, and our immigration lawyers Australia home page lists all our practice areas.

How My Migration Lawyers helps with partner visa age requirements

My Migration Lawyers acts in many partner visa matters where partner visa age requirements are a live issue, and many of those matters are complex. They include couples where one partner is close to 18, marriages solemnised overseas when one party was under 18, questions of domicile, Subclass 300 applications that depend on proof of an in-person meeting as adults, sponsorship by a parent or guardian, and applicants whose documents show different dates of birth. The firm deals with complex cases as a regular part of its partner visa practice and is capable of handling them.

Before anything is lodged, the firm checks the dates of birth of both partners against their identity documents, confirms the date on which both will meet the partner visa age requirements, and advises on the right lodgement date. Where the couple married overseas, the firm assesses whether the marriage is recognised under section 12 of the Migration Act 1958 and Part VA of the Marriage Act 1961, including domicile, and advises whether the application should proceed as a spouse claim or a de facto claim.

Where documents conflict, the firm prepares a written explanation supported by the client's own records, so the Department sees the full picture before it forms a view. Where the Department raises an age or identity concern, the firm responds to the request or natural justice letter, presenting the couple's own account and evidence in the form the law requires. Where a refusal has been made, the firm advises on review while the deadline is still open.

Our work is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, see our partner visa lawyers page or send us a message through our contact page.

If you are unsure whether you meet the partner visa age requirements, check before you lodge. Book a consultation or call 1300 040 300.