Australian Partner Visa for US Citizens

What is a partner visa for US citizens?

A partner visa for US citizens is an Australian partner visa granted to an American citizen who is married to, in a de facto relationship with, or engaged to an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Australia does not have a separate visa category for Americans. The partner visa for US citizens is the same partner visa that applies to every other nationality, assessed under the Migration Act 1958 and the Migration Regulations 1994.

What changes for an American applicant is the starting point and the paperwork. Most Americans arrive in Australia on an Electronic Travel Authority or a Work and Holiday visa. Their civil documents come from state vital records offices and county clerks, not from one national registry. Their police certificate comes from the Federal Bureau of Investigation. Each of those facts shapes the steps and requirements for a partner visa for US citizens, and each one is covered below. For the full picture of the partner visa program itself, read our complete guide to partner visas in Australia.

This article is written for two readers. The first is the American partner, who is usually the visa applicant. The second is the Australian partner, who is the sponsor and who, in an offshore case, is usually the person who engages an Australian law firm. Couples who already know they want advice on their own facts can speak with our partner visa lawyers at any stage.

Three pathways, one program

The partner visa program has three pathways, and an American applicant can use any of them if the criteria are met.

• Onshore. The Subclass 820 onshore partner visa and the permanent Subclass 801 are applied for together by an applicant who is in Australia when the application is lodged.
• Offshore. The Subclass 309 offshore partner visa and the permanent Subclass 100 are applied for together by an applicant who is outside Australia, for example living in the United States.
• Engaged couples. The Subclass 300 prospective marriage visa allows an engaged applicant outside Australia to come to Australia to marry the sponsor, after which the couple apply for the onshore partner visa.

The onshore and offshore pathways are both two-stage processes. The temporary visa is decided first, and the permanent visa is usually assessed later. Our explainer on Subclass 820 and Subclass 801 sets out how the stages connect.

Partner visa for US citizens requirements: the core tests

The core requirements for a partner visa for US citizens are a genuine and continuing relationship with an eligible Australian sponsor, an approved sponsorship, and the health, character and public interest criteria that apply to every applicant. Nationality does not lower or raise those tests. American applicants must meet them on the same evidence standard as everyone else.

The requirements can be grouped as follows.

• A qualifying relationship. The couple must be married, in a de facto relationship, or, for the Subclass 300, engaged and intending to marry.
• A genuine and continuing relationship. The couple must have a mutual commitment to a shared life as spouses or de facto partners to the exclusion of all others, the relationship must be genuine and continuing, and they must live together or not live separately and apart on a permanent basis.
• An eligible sponsor. The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, usually aged 18 or over, whose sponsorship is approved.
• Health. The applicant, and any family members included in the application, must meet the health requirement, usually through health examinations arranged after lodgement.
• Character. The applicant must meet the character requirement, which is where the FBI Identity History Summary and any Australian police certificate come in.
• Honesty. The application must not include false or misleading information or bogus documents. Our article on why partner visas get refused explains how that integrity rule operates.
• A valid application. The application must be lodged correctly, with the government charge paid, and with any extra validity requirements met on the day of lodgement.

Each of these requirements applies to a partner visa for US citizens exactly as it applies to applicants from anywhere else. The Subclass 820 visa guide to requirements and documents sets out the onshore criteria in more detail.

Married, de facto or engaged

Married American couples rely on their marriage. A marriage that was valid where it took place, including a marriage in any US state, is generally recognised in Australia if it would also be recognised under Australian law. The Department still assesses whether the marriage is genuine and continuing. A marriage certificate proves the legal event, not the relationship.

De facto couples who are not married must usually show that they have been in a de facto relationship for at least 12 months immediately before the application is lodged, unless an exception applies, such as registration of the relationship under an Australian state or territory law. The 12-month de facto rule and its exceptions and the article on whether 12 months of de facto relationship is always needed explain the details. Many American couples meet in Australia during a working holiday, so the 12-month question is often the first real issue in a partner visa for US citizens.

Engaged couples who are outside Australia and plan to marry in Australia can consider the Subclass 300. The applicant must have met the sponsor in person, and the couple must genuinely intend to marry within the visa period.

Same-sex American couples

Same-sex couples have the same access to the partner visa as opposite-sex couples. Australia has recognised marriage between two people regardless of sex since the Marriage Act 1961 was amended in December 2017, and same-sex marriages validly entered into overseas, including in the United States, are recognised in Australia from that point. A same-sex de facto couple can also apply on the de facto basis. Our same-sex and LGBTI partner visa page explains how these applications are handled.

For a same-sex partner visa for US citizens, the evidence test is the same as for any couple. The Department looks at the four aspects of the relationship. Where a couple have kept the relationship private from some family members, the evidence plan should account for that honestly rather than leave unexplained gaps.

The Australian sponsor

The Australian partner must be eligible to sponsor and must have the sponsorship approved. Sponsorship is not automatic. Regulation 1.20J limits a sponsor to two partner sponsorships in a lifetime, and a sponsor generally cannot sponsor again within five years of an earlier partner sponsorship or of being sponsored themselves as a partner, unless there are compelling circumstances. Our pages on partner visa sponsorship limitations and when a sponsor cannot sponsor a partner visa explain those rules.

An Australian sponsor who was once sponsored to Australia as a partner, or who has sponsored an earlier partner, should raise that at the start. A partner visa for US citizens can be refused because of the sponsor's history even where the relationship itself is strong.

Onshore or offshore: which partner visa for US citizens fits?

The right partner visa for US citizens depends on where the American partner will be on the day of lodgement, what visa they hold at that moment, and whether the couple can manage time apart while the application is processed. There is no general rule that one pathway is better. The choice is practical and legal.

When the American partner is already in Australia

An American partner who is in Australia on a substantive visa, such as an Electronic Travel Authority without condition 8503, a Work and Holiday visa or a student visa, can usually lodge the onshore Subclass 820 and Subclass 801. The main advantage is that the couple can stay together in Australia while the application is processed, usually on a bridging visa granted with the application. The onshore route also lets the couple build the household and social evidence together in Australia during processing.

The main risk is timing. A partner visa for US citizens lodged one day after the American partner's substantive visa ends is assessed under different rules, discussed below. The onshore Subclass 820 visa explainer covers the standard onshore path.

When the couple live in the United States

When the couple live in the United States, the Australian partner is usually the person who engages an Australian law firm, and the application is lodged online through ImmiAccount for the Subclass 309 and Subclass 100. Nobody posts a paper file from Los Angeles or New York. The application is made electronically, and the Department deals with it wherever the applicant is.

For the Australian partner, the offshore route has three practical features. First, the American applicant must be outside Australia when the Subclass 309 is granted. Second, the couple can keep living together in the United States while the application is processed, which often produces strong household evidence. Third, once the Subclass 309 is granted, the American partner can move to Australia and the couple can settle into their Australian life before the permanent stage. Australian partners planning this route can read our Subclass 309 offshore partner visa page.

A couple living in the United States can also choose to travel to Australia together and lodge onshore, if the American partner's visitor authority allows it. That decision must be made before the flight is booked, for the reasons set out in the next section.

The government charge as at October 2026

As at October 2026, the Department of Home Affairs charge for a partner visa for US citizens is from AUD 11,710 for most applicants, and from AUD 1,955 for a Subclass 300 holder who applies in Australia for the onshore partner visa. One charge covers both stages of the combined application. There is no second government charge at the permanent stage. The Department reviews its charges each 1 July. The lower charge that the Department lists for eligible Pacific Island and Timor-Leste citizens does not apply to American citizens.

Other costs are additional. They include the FBI Identity History Summary and any other police certificates, health examinations, certified copies of US civil records, translations of any non-English documents, and biometrics if requested. Our article on every cost in a Subclass 820 application lists them. My Migration Lawyers charges its professional fees as fixed fees under a written costs agreement, and our guide to fixed-fee immigration lawyers explains what a fixed-fee quote should include.

Arriving on an Electronic Travel Authority: what to check first

An American who visits Australia usually holds an Electronic Travel Authority (Subclass 601), and an ETA holder can generally lodge a partner visa for US citizens onshore while the ETA is in effect, provided the ETA does not carry condition 8503 or that condition has been waived. The ETA is a substantive visa. An applicant who lodges while it is in effect is not an applicant without a substantive visa for the purposes of Schedule 3.

The Department states that an ETA holder can visit Australia as often as they wish in a 12-month period and stay up to 3 months on each entry. The stay period on each entry is important. A partner visa for US citizens must be lodged before the authorised stay ends, not merely before the 12-month validity period ends. Missing that difference is a common mistake.

Condition 8503

Condition 8503 (No Further Stay) prevents the holder from making most further substantive visa applications while in Australia. It is not usually imposed on an ETA, but it can be, and it is more common on other visitor visas. If 8503 applies, the American partner cannot lodge the onshore partner visa unless the condition is first waived, and waivers are only available in narrow circumstances. The conditions on a grant can be checked in VEVO. Our article on the Subclass 820 visa and condition 8503 explains the waiver test, and the guide to moving from a tourist visa to a partner visa covers the wider checks.

The purpose of the visit

An ETA is for tourism or business visitor activity. An American partner who travels on an ETA must answer the questions asked at the time truthfully, including any question about the purpose of travel. A later partner visa for US citizens will contain a full travel and relationship history, and the Department can compare it with earlier applications. Tribunal decisions discussed later in this article show that answers about marital status in an earlier visitor visa application can become an issue in a partner visa decision. The safer course is to get advice on the whole plan before travel.

When the ETA stay is close to ending

If the American partner is in Australia on an ETA and the authorised stay is about to end, the couple need to decide quickly whether the relationship already meets the partner visa requirements. If it does, lodging before the stay ends keeps the applicant on a substantive visa at lodgement. If it does not, the American partner may need to depart and return later, or consider the offshore pathway. Couples in that position often need urgent immigration lawyer advice, because a few days can change the legal position.

Work and Holiday visa (Subclass 462) to a partner visa for US citizens

Yes, an American who holds a Work and Holiday visa (Subclass 462) can generally lodge an onshore partner visa for US citizens while the Subclass 462 is still in effect, and because it is a substantive visa the Schedule 3 criteria do not apply to an application lodged in time. The United States is one of the countries whose passport holders apply for the Work and Holiday visa, not the Working Holiday visa (Subclass 417).

Many American couples meet during a working holiday. The relationship often starts in a share house, a workplace or a regional town, and grows during the year. That history is real, but it can leave the couple with thin joint evidence when the visa end date approaches. The planning needed for a working holiday maker is therefore different from the planning for a visitor.

Working backwards from the Subclass 462 end date

The single most important date for an American working holiday maker is the last day of the Subclass 462. A partner visa for US citizens lodged on or before that day is lodged by the holder of a substantive visa. A partner visa lodged after that day is lodged by a person without a substantive visa, and the Schedule 3 criteria then apply. Our article on Schedule 3 criteria for applicants who are unlawful explains what changes.

The practical approach is to count backwards. A de facto couple who need 12 months of relationship should identify the date on which the 12 months is reached and compare it with the Subclass 462 end date. If the 12 months falls after the visa ends, the couple need advice on the options, including registration of the relationship in an Australian state or territory where available, a further Work and Holiday visa if the American partner is eligible, or a different pathway. The FBI Identity History Summary should be requested early, because it depends on fingerprints and is not always quick to arrange from Australia.

The bridging visa after lodgement

When an American partner makes a valid onshore partner application while holding a substantive visa, the Department usually grants a Bridging Visa A. It comes into effect when the substantive visa ends and keeps the applicant lawful until the partner visa is decided. Our articles on Bridging Visa A and bridging visas in Australia explain the position.

A Bridging Visa A does not allow re-entry. An American applicant who wants to fly home for a wedding, a funeral or Thanksgiving while the partner visa for US citizens is being processed needs a Bridging Visa B before departure. Work rights depend on the bridging visa granted, and our article on working while waiting for a Subclass 820 visa explains the usual position.

American students in Australia

American students in Australia hold a substantive student visa and can generally lodge onshore in the same way. The student visa conditions should be checked, including any condition limiting further applications. A student who has had a further visa refused while in Australia needs separate advice on section 48, which is covered in Body C.

How to apply for a partner visa for US citizens: step by step

A partner visa for US citizens is applied for online through ImmiAccount, after the couple have confirmed the pathway, gathered their American and Australian documents, prepared their relationship evidence and checked every validity requirement. The steps below are the sequence My Migration Lawyers follows on these files. Some steps run at the same time.

• Confirm the pathway and the lodgement date. Decide whether the application is onshore (Subclass 820/801), offshore (Subclass 309/100) or a Subclass 300. For an onshore case, fix the date by reference to the American partner's ETA stay, Subclass 462 end date or student visa end date.
• Check the visa history. Confirm whether condition 8503 applies, whether the American partner has had any visa refused or cancelled since last entering Australia, and whether Schedule 3 will apply. The firm obtains the visa history itself, using VEVO and Department records, rather than asking the couple to find old grant notices.
• Check the sponsor. Confirm the Australian partner's citizenship or residence evidence and any earlier partner sponsorships.
• Request the FBI Identity History Summary. Start this early because it depends on fingerprints. Identify any other country where the American partner has lived long enough to need a police certificate.
• Order certified US civil records. Birth certificate from the state vital records office, marriage certificate from the county or state where the marriage was recorded, and any divorce decree from the court that granted it.
• Gather identity documents. The US passport, any earlier passports the American partner still holds, and evidence of any change of name.
• Build the relationship evidence. Collect evidence across the four aspects of the relationship, covered in Body C.
• Prepare the relationship statement and Form 888 statements. Each person gives their own account. Supporting witnesses give their own evidence.
• Complete the forms. The online application asks detailed questions about identity, travel, addresses, employment, military service and character. Where the Department requests Form 80 personal particulars, the answers must match the application.
• Lodge and pay. The applicant lodges the application through ImmiAccount and pays the government charge. The sponsor completes the sponsorship. Our guide on how to create an ImmiAccount covers the account itself.
• Complete health examinations and biometrics if requested. The Department issues instructions after lodgement.
• Respond to requests. Answer any section 56 request for more information or section 57 natural justice letter within the time given, and notify changes of circumstances.

The partner visa document checklist and the 820 partner visa evidence checklist list the documents in more detail. A couple using a representative will see the appointment recorded on Form 956, which allows the Department to deal with the representative.

What the Department expects on the day of lodgement

Some evidence can be provided after lodgement. Validity cannot. A partner visa for US citizens must be valid on the day it is made: the right applicant, the right location, the charge paid, and any extra validity requirements met at that time. If the American partner is subject to section 48, there are additional documents that must be lodged with the application, explained in Body C. An application that is invalid on lodgement does not produce a bridging visa, and it cannot be repaired by uploading documents later.

How long a partner visa for US citizens takes

Processing times change and the Department publishes current figures on its website. There is no faster track for Americans. A well-prepared application avoids delays caused by requests for further information, but it does not move ahead of the queue. Our articles on how long a Subclass 820 visa takes and on onshore processing for the partner visa 820 explain what affects the timeframe.

American civil documents for a partner visa for US citizens

The civil documents for a partner visa for US citizens are certified records issued by state vital records offices, county clerks or recorders and state courts, because the United States has no single national civil registry. Each document should be a certified copy issued by the official record holder, not a souvenir certificate or a photocopy of one.

Birth certificates

A US birth certificate is issued by the vital records office of the state where the person was born. The Department uses it to confirm identity, date and place of birth and parentage. A long-form or full certified copy is usually more useful than a short abstract, because it shows the parents' details. If the American partner's name on the birth certificate differs from the name on the passport, the change of name evidence should be included.

Marriage licence versus marriage certificate

A marriage licence is not proof of marriage. In the United States, a couple usually obtain a licence before the wedding, and the officiant then returns the completed licence so the marriage can be recorded. The document that proves the marriage is the certified copy of the recorded marriage, usually issued by the county clerk or recorder, or by the state vital records office. A partner visa for US citizens should include the certified record of the marriage, not the blank or unrecorded licence.

Couples who married in Las Vegas, at a courthouse or at a destination wedding in another state should check where their marriage was recorded and order the certified copy from that office. The date of marriage on the certificate must match the date given in the application, the relationship statement and every supporting statement.

Couples who married in Australia

American couples who marry in Australia do so under the Marriage Act 1961, and the marriage must be registered with the registry of births, deaths and marriages in the relevant state or territory. A ceremonial certificate handed over on the day is not the same as the registered certificate. The registered certificate should be ordered for the application. An American partner who marries in Australia while holding a Subclass 300 then applies for the onshore partner visa, using the lower charge for Subclass 300 holders.

Divorce decrees and the date a divorce became final

Many American applicants and sponsors have been married before. A previous marriage that ended in divorce is proved by the divorce decree or final judgment from the court that granted it, usually a state court. What matters is the date on which the divorce became final. Some states have waiting periods or interlocutory stages. A later marriage entered into before an earlier divorce became final can raise questions about whether the later marriage is valid under Australian law. The Department assesses validity under Australian law, so couples with an earlier marriage should check the dates before lodgement and obtain advice where the position is unclear.

The same applies to the Australian sponsor. If the sponsor was previously married, the Australian divorce order or other evidence that the earlier marriage ended should be ready. The Department needs to see that both people were free to marry when they married each other.

Name changes and identity consistency

American applicants often have different names on different documents, because of marriage, divorce, a court-ordered change of name or the use of a middle name. Every name must be declared. The application should include the evidence that links each name to the next, such as a marriage certificate, divorce decree or court order. Inconsistent names and dates of birth across documents are one of the most common reasons for requests for more information.

Translations

American documents are usually in English, so translation is rarely needed. Where a document is not in English, for example a record from another country where the American partner lived, it needs an English translation. Translations done in Australia should be made by a NAATI-certified translator.

Do US documents need an apostille for a partner visa?

No, as a general rule the Department does not require US documents to carry an apostille for a partner visa. The Department usually accepts certified copies of official records, and clear colour scans of certified records are uploaded with the online application. An apostille is a certificate that confirms the authenticity of a signature or seal on a public document for use in another country that is a party to the Hague Apostille Convention.

An apostille can still matter in two situations. The first is where the Department specifically asks for an authenticated document, for example because it has doubts about a record. The second is where the document will be used for another Australian purpose, such as registering a relationship or dealing with an Australian court. The US Department of State issues apostilles for federal documents, and state-issued documents are generally authenticated by the competent authority in the issuing state. The couple should not pay for apostilles that the Department has not asked for. A partner visa for US citizens is not strengthened by authentication certificates on documents that the Department already accepts.

The FBI Identity History Summary: the police certificate for American applicants

The police certificate an American applicant usually needs for a partner visa for US citizens is the FBI Identity History Summary, a national criminal history record based on fingerprint submissions held by the Federal Bureau of Investigation. The FBI describes the Identity History Summary as a listing of certain information taken from fingerprint submissions kept by the FBI and related to arrests.

As a general rule, the Department requires a police certificate from each country where the applicant has lived for 12 months or more in the last 10 years since turning 16. An American applicant who has lived in the United States for that period will need a US police certificate, and the FBI Identity History Summary is the national check. If the American partner has also lived in Australia for 12 months or more, an Australian Federal Police national police certificate is usually needed as well.

How the FBI check is requested

The FBI states that an Identity History Summary can be requested electronically, with fingerprints provided at a participating US Post Office location or by mailing a fingerprint card, or requested by mail with a completed fingerprint card. An American partner who is in Australia will usually need fingerprints taken locally on the correct card and then submitted. FBI-approved channelers are private businesses that can process requests for US citizens and lawful permanent residents.

The practical lesson is to start early. Fingerprinting, posting and processing all take time, and a police certificate generally has a limited period of currency for visa purposes. A partner visa for US citizens can be delayed if the certificate expires during processing and a new one is requested. Tribunal decisions later in this article show how often police certificates are provided late, only at review.

State and local police checks

A state police check or a local police record is not the same as the FBI Identity History Summary. The FBI check is the national record. The Department may still ask for state or local records in some cases, for example where the FBI summary shows an arrest without a final outcome, or where the applicant lived in a state for a long period. Court records showing the final outcome of any charge, sometimes called final dispositions, are often the documents that resolve those questions. Applicants should not assume a state check can replace the FBI check, and they should not assume the FBI check answers every question.

Arrests, driving offences and sealed or expunged records

The application asks about criminal history in broad terms, including charges and convictions. For many Americans the most common entries are driving under the influence, reckless driving or minor drug offences from early adulthood. These must be answered truthfully. Answering "no" to a criminal history question when the FBI record shows an arrest or conviction creates a credibility problem that is often more serious than the offence itself.

Sealed and expunged records need particular care. The legal effect of sealing or expunging a record in a US state is not necessarily the same as the effect of a record not existing for Australian purposes. The FBI summary may still show information that the applicant believed had been removed. Before answering any character question in a partner visa for US citizens, an applicant with any past arrest should obtain the FBI record and the court documents, and get advice on how to answer.

Military service

The application and Form 80 ask about military service. Many American applicants have served in the US armed forces or the National Guard. Military service is not a problem in itself, but it must be declared accurately, with dates, branch and any discharge information. Service records can also explain periods of residence overseas, which in turn affects which police certificates are needed.

Health examinations

Health examinations are arranged after lodgement, usually through the Department's instructions, and are carried out by panel clinics approved by the Department. An American applicant who is in the United States completes them in the United States. An applicant in Australia completes them in Australia. The health requirement applies equally to American applicants, and family members included in the application must also meet it.

Relationship evidence for American and Australian couples

Relationship evidence for a partner visa for US citizens is assessed under the same four aspects of the relationship that apply to every couple: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Evidence from the United States carries the same weight as evidence from Australia, provided it is genuine and clearly identified.

Our articles on partner visa evidence and preparing evidence of a genuine relationship explain how the Department weighs the evidence as a whole. The notes below focus on what American and Australian couples typically hold.

Financial aspects

For couples who lived together in the United States, joint bank accounts, a shared lease, a mortgage, a car loan, shared utility accounts and joint health insurance are all useful. A US federal tax return filed jointly as a married couple is strong evidence of the financial relationship for a married couple, because it is a formal declaration to a government agency. Transfers between the partners while they lived apart can also help, but regular transfers alone do not prove a genuine relationship.

For couples in Australia, the usual evidence includes a joint Australian account, a joint lease, shared bills and evidence of who pays for what. A working holiday couple who keep separate finances should explain how they actually share costs, rather than open a joint account a week before lodgement and present it as a long-standing arrangement.

Nature of the household

The household aspect looks at how the couple live together and share the work of running a home. Leases, mail addressed to both people at the same address, a shared driver licence address and evidence of shared household arrangements are all relevant. For couples who moved between the United States and Australia, a simple timeline of addresses in both countries helps the decision maker follow the history.

Social aspects

The social aspect asks whether the couple present themselves as a couple to others. For an American and Australian couple, that can include meeting each other's families in both countries, joint invitations, shared holidays, events such as Thanksgiving or Christmas spent with one family or the other, and photographs across time. Social media can help when it shows the relationship over time, but it should not be the only social evidence.

Nature of the commitment

The commitment aspect looks at the length of the relationship, the couple's knowledge of each other's circumstances, their plans and their intention that the relationship be long term. Plans to relocate, wills, nominated beneficiaries on insurance or retirement accounts, and evidence of decisions made together about where to live all go to commitment. A couple who moved countries for each other often have clear commitment evidence that should be explained in their own words.

Living apart across time zones

Many couples in a partner visa for US citizens have spent time apart, because one partner returned home, worked overseas or waited out a visa. Periods apart are not fatal. The Department looks at whether the couple were separated temporarily or permanently. Communication evidence such as FaceTime and WhatsApp call logs, messages, flight bookings for visits and evidence of time zone arrangements can show that contact continued. The evidence should be selected and organised, not dumped in bulk. A sample across the whole period, with a short explanation of the pattern, is more useful than thousands of screenshots.

The relationship statement and Form 888 statements

A partner visa has one relationship statement from each partner, setting out how the couple met, how the relationship developed, the four aspects of the relationship as they live it, periods apart and their plans. The statement is the couple's own evidence in their own words. Our guide to the partner visa relationship statement explains what it should cover.

Form 888 statements are supporting statements from people who know the couple. They are made by Australian citizens, Australian permanent residents or eligible New Zealand citizens. American family members and friends who do not hold that status cannot make a Form 888 statement, but their knowledge of the relationship can still be useful as other supporting evidence. Our articles on who can make a Form 888 and what it should say and Form 888 example answers and common mistakes cover the detail.

Traps for Americans already in Australia: Schedule 3 and section 48

The two legal traps that most often affect an onshore partner visa for US citizens are the Schedule 3 criteria, which apply when the American partner does not hold a substantive visa at lodgement, and section 48 of the Migration Act, which applies after a visa refusal or cancellation in Australia. Both can be managed if they are identified before lodgement.

Schedule 3 criteria 3001, 3003 and 3004

Schedule 3 criteria 3001, 3003 and 3004 apply to an onshore applicant who does not hold a substantive visa when the application is lodged. That includes an American partner whose ETA stay or Subclass 462 has ended, and an American partner on a bridging visa after another application was refused. The criteria can be waived for compelling reasons, and the Department assesses that question during processing. Our Schedule 3 waiver page and our article on Schedule 3 partner visa waivers explain what a waiver request needs to show.

An American partner who has overstayed should not assume the position is hopeless, and should not wait. The longer the period without a visa, the harder the explanation becomes, and an applicant without a visa can be located and detained.

Section 48 after a refusal or cancellation

Section 48 of the Migration Act 1958 limits onshore applications by a person who does not hold a substantive visa and has had a visa refused or cancelled since last entering Australia. The partner visa is one of the visas that can still be applied for onshore, but the application must meet extra validity rules. One of those rules requires two statutory declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizens, made no more than 6 weeks before lodgement, under Schedule 1 item 1124B(3)(e)(iii). Form 888 statements do not satisfy that rule. Our article on a partner visa after a visa refusal explains the pathway, and our visa cancellations page covers cancellation.

An American student whose student visa was refused, or an American working holiday maker who applied for another visa and was refused, can fall into this group. The section 48 check is part of the visa history review on every onshore partner visa for US citizens.

The second stage: Subclass 801 and Subclass 100

The permanent stage of a partner visa for US citizens is the Subclass 801 for onshore applicants and the Subclass 100 for offshore applicants, and it is usually assessed about two years after the combined application was lodged. The Department checks that the relationship is still genuine and continuing and that health and character requirements are still met. Updated evidence and police certificates are usually requested.

Changes in circumstances must be notified while the application is being processed, including a change of address, a new passport or a period of separation. Our article on Form 1022 change of circumstances explains when to notify.

If the relationship breaks down before the permanent visa is granted, the applicant may still be eligible in limited circumstances, including where family violence has occurred. Our family violence partner visa lawyers act in these matters, and our article on what happens when a Subclass 820 relationship breaks down sets out the options.

What happens if a partner visa for US citizens is refused?

If a partner visa for US citizens is refused, the decision can usually be reviewed by the Administrative Review Tribunal, but the application for review must be made within 28 days after the day the applicant is notified of the decision, or 7 days if the applicant is in immigration detention. That timeframe is set by subsection 347(3) of the Migration Act 1958. It cannot be extended. A late application is not properly made, and the Tribunal has no jurisdiction to hear it.

Who applies for review

For an onshore Subclass 820/801 refusal, the American applicant applies for review and must be in Australia when doing so. For a Subclass 309 refusal where the American applicant is outside Australia, the Australian sponsor applies for review under subsection 338(5). That is another reason the Australian partner should understand the offshore application from the start.

The ART fee as at October 2026

As at October 2026, the ART fee for review of a partner visa refusal is AUD 3,727 for fees paid on or after 1 July 2026. The fee must be paid before the deadline for applying for review. A 50% reduction may be granted for financial hardship. If the Tribunal sets aside or varies the decision, or remits the matter to the Department, 50% of the fee paid is refunded.

Common reasons for refusal

Partner visas are commonly refused because the Department is not satisfied that the relationship is genuine and continuing, because a de facto relationship did not meet the 12-month requirement, because of character concerns, because of false or misleading information, because of sponsorship problems, or because Schedule 3 was not waived. Our articles on why Subclass 820 visas are refused and appeal options after a partner visa refusal explain each ground. Our Partner Visa Refusals and visa refusals pages explain how the firm acts on review, and our ART review guide and article on when you need a visa appeal lawyer describe the process.

Tribunal decisions on issues that affect American applicants

Tribunal decisions show that the issues most relevant to a partner visa for US citizens, including police certificates, criminal history, earlier visitor visa answers, Schedule 3, long-distance relationships and the validity of marriages, regularly arise on review. In every decision below the Tribunal remitted the matter, which means it sent the matter back to the Department to reconsider in accordance with the Tribunal's findings. A remittal is not a grant of the visa. The descriptions record only the issues reported in each decision's headnote. The headnotes do not state the nationality of the parties, and nothing below suggests that any party was American.

• Page (Migration) [2024] AATA 215, Subclass 820: the reported issues were criminal history, and an Australian Federal Police clearance and an Alabama State Police Clearance provided upon review.
• Bautista (Migration) [2021] AATA 606, Subclass 820: the reported issues were criminal history statements, statements from the home country and Australia provided to the Tribunal, and driving disqualifications and fines disclosed.
• Lou (Migration) [2019] AATA 4665, Subclass 820: the reported issues were Public Interest Criterion 4001, an authorised criminal clearance certificate not provided to the delegate, and a Canadian police certificate provided to the Tribunal.
• Bernhardt (Migration) [2019] AATA 2462, Subclass 820: the reported issues were information not provided relating to character and criminal history, and relevant police certificates since provided.
• Sesay (Migration) [2024] AATA 28, Subclass 309: the reported issues were criminal history and an updated Australian Federal Police National Police Certificate provided upon review.
• TRUONG (Migration) [2024] AATA 680, Subclass 820: the reported issues were false or misleading information in a material particular, a previous visitor visa application, marital status, and being separated but still living together.
• Pham (Migration) [2021] AATA 4350, Subclass 820: the reported issues were false or misleading information in a previous visitor visa application, answering "married" while separated at the time and later divorced, and a credible witness and evidence.
• Harpreet Singh (Migration) [2019] AATA 5689, Subclass 820: the reported issues were a Federal Circuit Court remittal, the Schedule 3 criteria, an application lodged outside the relevant timeframe and compelling reasons for waiver.
• Marcos (Migration) [2023] AATA 103, Subclass 309: the reported issues were a genuine and continuing relationship, limited financial, household and social aspects of the relationship while living in different countries, and the nature of commitment.
• Vashevnik (Migration) [2018] AATA 5789, Subclass 300: the reported issues were time of application and time of decision criteria, the parties genuinely intending to marry and to live together as spouses, and a long-distance relationship.
• Najem (Migration) [2026] ARTA 575, Subclass 309: the reported issues were a genuine and continuing relationship, a marriage in the home country before the divorce of the sponsor's first marriage was finalised, assessment as a de facto relationship, and the nature of commitment.
• 1817126 (Migration) [2021] AATA 4922, Subclass 820: the reported issues were a same-sex de facto relationship which ceased, evidence of the relationship, and joint financial and household liabilities.

These decisions do not show that any particular partner visa for US citizens will succeed on review, and each turned on its own evidence. They do show three practical points. Police certificates, including state records, are often missing until review. Earlier visitor visa answers about marital status can be tested years later. And the timing of a divorce can affect how a later marriage is assessed. Each of those points is easier to deal with before lodgement than after a refusal.

How My Migration Lawyers handles a partner visa for US citizens

My Migration Lawyers handles a partner visa for US citizens by fixing the pathway and lodgement date against the American partner's ETA, Subclass 462 or student visa, then checking the FBI record, the US civil documents and the relationship evidence before anything is lodged. The firm acts in many partner visa matters for American applicants and their Australian partners, deals with complex cases such as expired visas, Schedule 3 waivers, criminal history disclosures, earlier marriages and sponsorship limitations, and is capable of handling these matters from first advice through to the permanent stage or review.

On a partner visa for US citizens, the work usually follows these steps.

• Visa position and dates. The firm checks the American partner's current visa, the authorised stay or end date, any condition 8503 and any refusal or cancellation history, using VEVO and Department records. It then sets the latest safe lodgement date.
• Pathway advice. The firm advises whether the onshore Subclass 820/801, the offshore Subclass 309/100 or the Subclass 300 suits the couple, and explains what each means for travel, work and time together.
• Sponsor check. The firm confirms the Australian partner's eligibility to sponsor and any earlier sponsorships under regulation 1.20J.
• Character review. The firm explains how to obtain the FBI Identity History Summary, reviews it with any court records, and advises on how the character questions in the forms must be answered where there is an arrest, a driving offence or a sealed record.
• Civil document review. The firm checks the certified birth, marriage and divorce records, the dates on which earlier divorces became final and the links between names.
• Evidence review. The relationship statements and Form 888 statements are the couple's and the witnesses' own evidence. The firm reviews them, identifies gaps and inconsistencies with the forms and documents, and the couple and witnesses correct and confirm their own words.
• Lodgement and processing. The firm lodges the application, manages requests from the Department, prepares responses to section 56 and section 57 letters, and keeps the file current through to the Subclass 801 or Subclass 100 stage.
• Review if needed. If a partner visa for US citizens is refused, the firm checks the 28-day deadline, confirms who must apply and lodges the review application with the Tribunal.

Weiwei Zhang, Principal Lawyer, leads the firm's partner visa practice. You can read more about My Migration Lawyers and Weiwei Zhang, and see how the firm approaches matters as partner visa lawyers in Australia. Couples deciding whether they need help can read about when an immigration lawyer is needed for a partner visa, a partner visa lawyer compared with doing it yourself, the differences between a migration agent and a lawyer for a partner visa, how to choose a partner visa lawyer in Australia, partner visa lawyer fees and how to choose and what happens in an immigration lawyer consultation.

Consultations are held by video, so the American partner can join from the United States and the Australian partner from anywhere in Australia. My Migration Lawyers acts for couples across the country, including clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. The firm also advises on other visa matters as immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta.

The firm cannot promise any outcome. It can make sure the partner visa for US citizens that is lodged is lodged on time, on the right pathway, with an accurate character disclosure and with evidence that the couple have checked.

Book a Consultation with My Migration Lawyers to have your visa dates, FBI record and documents reviewed before you lodge your partner visa for US citizens. You can also call 1300 040 300.