Four subclasses, what each costs, current processing times, and the evidence the Department expects.
The onshore partner visa. Who is eligible, the $11,710 charge, processing times and evidence.
Lodged from outside Australia. Eligibility, the $11,710 charge, processing times and evidence.
The Prospective Marriage visa. The $11,710 charge, the nine month window to marry, and the evidence.
For partners of New Zealand citizens. Cost, the five year validity, evidence, and paper lodgement.
Which visa applies, the evidence expected, and how to apply when you could not be open at home.
When criteria 3001, 3003 and 3004 apply, what counts as compelling reasons, and the Waensila principle.
Who can access them, the evidence required, the 2024 changes, and continuing your visa after leaving.
The two sponsorship limit, the five year rule, criminal record bars, and the regulation 1.20J waiver.
28 calendar days to apply to the ART. Success rates, deadlines by subclass, and what to do first.
Who qualifies, the refugee and complementary protection tests, the $50 charge, and the interview.
Eligibility, the refugee and complementary protection tests, the $50 charge, and how to apply.
Section 36(2)(aa). The five types of significant harm, the real risk test, and the exclusions.
What the delegate asks, how the interpreter works, what happens on the day, and how to prepare.
The particular social group ground, the S395 discretion principle, and how these claims are proved.
Converts, minorities and apostasy claims, how genuineness of belief is tested, and what evidence works.
28 days to apply to the ART. Time limits, success rates, and what happens if the Tribunal affirms.
Appeal deadlines by visa type, what the Tribunal does, why appeals fail, and what happens if you are late.
NOICC responses, the grounds for cancellation, review rights, and what happens if you do nothing.
The 35 day limit under section 477, what jurisdictional error means, and which court hears it.
Sponsorship, Skills in Demand nominations, labour agreements, DAMAs, and permanent residence pathways.
Partner Visa Lawyers Australia
Partner Visa Lawyers
There are four partner visa subclasses and only one of them is right for your situation. Which applies turns on where you are when you lodge, whether you are married or de facto, and who your partner is. Choosing the wrong one costs AUD $11,710, because the charge is not refunded.
Reviewed by Weiwei Zhang, Principal Lawyer Last updated 30 July 2026
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The My Migration Lawyers Difference
Affordable fees
Competitive professional fees make experienced legal representation more accessible.
Instalment payment options
Pay professional fees in manageable instalments throughout your matter.
Experienced lawyers
Experienced representation for visa applications, refusals, cancellations and judicial reviews.
Complex matter capability
Experienced representation when complications, refusals, cancellations or judicial reviews arise.
Two-day
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You receive a two-business-day cooling-off period after signing the costs agreement.
An Australian partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia, work without restriction, study and access Medicare, then move to permanent residency.
One application charge of AUD $11,710 covers both the temporary and permanent stages. Half of onshore applications are currently decided within 20 months. The visa is not granted on the strength of the relationship alone.
One application charge of AUD $11,710 covers both the temporary and permanent stages. Half of onshore applications are currently decided within 20 months. The visa is not granted on the strength of the relationship alone.
It is granted on the evidence, assessed across four categories set out in the Migration Regulations, and that is where most applications are won or lost.
The Pathways
Australian Partner Visa Pathways and Situations
Short answer
There are four partner visa subclasses in Australia: the 820 onshore, the 309 offshore, the 300 for engaged couples, and the 461 where your partner is a New Zealand citizen. Alongside them sit the situations that change an application entirely, including Schedule 3, family violence and refusals.
There are four partner visa subclasses in Australia: the 820 onshore, the 309 offshore, the 300 for engaged couples, and the 461 where your partner is a New Zealand citizen. Alongside them sit the situations that change an application entirely, including Schedule 3, family violence and refusals.
Subclass 820
Onshore Partner Visa
For applicants already in Australia who are the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen.
Subclass 309
Offshore Partner Visa
For applicants outside Australia at lodgement. Once granted it allows you to enter and live in Australia. There is no bridging visa on this pathway.
Subclass 300
Prospective Marriage Visa
For engaged couples who cannot show 12 months of living together. Enter Australia and marry, generally within nine months, then apply for the partner visa.
Subclass 461
New Zealand Family Visa
For partners of New Zealand citizens on a Special Category visa. Five years, full work rights, no sponsorship application, and a charge a fraction of a partner visa.
Same Sex and LGBTIQ+
Partner Visa
Australian migration law makes no distinction based on sexual orientation or gender identity. There is no separate visa. What differs is the evidence.
Schedule 3
Waivers
If you lodged without a substantive visa, Schedule 3 criteria apply. The Minister can waive them where there are compelling reasons.
Family Violence Provisions
If you experienced family violence from your sponsor, your application can continue and permanent residence can still be granted after you leave.
Partner Visa Refusal
If you lodged without a substantive visa, Schedule 3 criteria apply. The Minister can waive them where there are compelling reasons.
Sponsorship Limitations
If you lodged without a substantive visa, Schedule 3 criteria apply. The Minister can waive them where there are compelling reasons.
Reading these and still not certain which one is yours? That is the most common reason people call us.
Our Guarantee
No
Visa?
No
Fee.
If your standard partner Visa application is refused, we refund our professional fees in full.
This isn't a gimmick. We only accept matters we believe in. When we take your case on, we are invested in your outcome.
This isn't a gimmick. We only accept matters we believe in. When we take your case on, we are invested in your outcome.
The MML GUARANTEE
Visa Refused? Full Professional fee refund.
Covers standard 820 partner visa applications
Covers standard 309 partner visa applications
Covers Prospective Marriage Visa 300 applications
Professional fees refunded in full if visa refused
Government fees paid to department -- non-refundable
Applies to standard applications
This guarantee applies to straightforward partner visa applications without Schedule 3 issues, character concerns, or health complications. Complex matters are assessed individually. Full terms provided at engagement.
PARTNER VISA VIDEO
Partner Visas Australia Explained
Confused about which Australian Partner Visa applies to your relationship?
We discuss who each visa is designed for, whether the applicant must be inside or outside Australia, the key differences between these pathways, and important issues couples should consider before applying. Choosing the correct visa pathway matters. Your location, relationship circumstances, immigration history and future plans can affect which application may be available to you. My Migration Lawyers provides Australian immigration advice and legal representation for Partner Visa applications, refusals and complex relationship matters.
We discuss who each visa is designed for, whether the applicant must be inside or outside Australia, the key differences between these pathways, and important issues couples should consider before applying. Choosing the correct visa pathway matters. Your location, relationship circumstances, immigration history and future plans can affect which application may be available to you. My Migration Lawyers provides Australian immigration advice and legal representation for Partner Visa applications, refusals and complex relationship matters.
Side by Side
Compare the Partner Visa Pathways
Short answer
The 820 and 309 differ only on where you are when you lodge and whether you get a bridging visa. The 300 costs more and adds a third stage. The 461 is cheaper and faster but temporary. You cannot switch between them after lodgement, and the charge is not refunded.
The 820 and 309 differ only on where you are when you lodge and whether you get a bridging visa. The 300 costs more and adds a third stage. The 461 is cheaper and faster but temporary. You cannot switch between them after lodgement, and the charge is not refunded.
Australian partner visa pathways compared, as at 31 July 2026
Subclass 820
Subclass 309
Subclass 300
Subclass 461
Where you lodge from
In Australia
Outside Australia
Outside Australia
Inside or outside
Relationship required
Married or de facto
Married or de facto
Engaged
Partner of an NZ citizen
12 months living together
Yes, unless registered
Yes, unless registered
Not required
Shorter period applies
Base charge
$11,710
$11,710
$11,710
$1,330
Further charge later
None
None
$1,955 after marriage
On each renewal
Bridging visa while pending
Yes, full work rights
No
No
If lodged onshore
Processing at 50%
20 months
16 months
Approx. 17 months
Beyond 6 months
Leads to permanent residency
Yes
Yes
Yes, via the partner visa
No
Sponsorship application
Yes
Yes
Yes
None
Figures are current as at 31 July 2026. Department charges usually increase on 1 July each year.
Confirm the current charge on the Department's visa pricing table before lodging.
Confirm the current charge on the Department's visa pricing table before lodging.
Choosing between two pathways? The wrong one costs $11,710 and cannot be swapped after lodgement.
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Not Sure Which Partner Visa Applies to You
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Cost
How Much Does an Australian Partner Visa Cost
Short answer
The base application charge is AUD $11,710 for the primary applicant as at 1 July 2026, and it covers both the temporary and the permanent stage. Additional applicants aged 18 or over attract $5,860 each. There is no further Department charge at the permanent stage.
The base application charge is AUD $11,710 for the primary applicant as at 1 July 2026, and it covers both the temporary and the permanent stage. Additional applicants aged 18 or over attract $5,860 each. There is no further Department charge at the permanent stage.
Primary applicant
$
11,710
Covers both the temporary and permanent stage on the 820, 309 and 300 pathways.
Additional applicant 18+
$
$5,860
Per additional applicant aged 18 or over included in the application.
Dependent child
$
2,935
Per applicant under 18 included in the application.
Beyond the Department charge, budget for health examinations at roughly $400 to $600 per adult, police certificates at $50 to $200 per country, and NAATI translation at $30 to $80 per page. Where a relationship needs registering to avoid the 12 month requirement, registry fees run from $40 to $250 depending on the state.
Clients pay Department charges directly through their own ImmiAccount, so the money never passes through a third party. Professional fees are quoted in writing before you engage us.
Clients pay Department charges directly through their own ImmiAccount, so the money never passes through a third party. Professional fees are quoted in writing before you engage us.
Get a written quote for professional fees before you commit to anything.
Evidence
What Evidence Does a Partner Visa Need
Short answer
Migration Regulation 1.15A requires the Department to assess four aspects of your relationship: the financial aspects, the nature of the household, the social context of the relationship, and the nature of your commitment to each other. Evidence is needed across all four, and weakness in any single one is a common cause of refusal.
Migration Regulation 1.15A requires the Department to assess four aspects of your relationship: the financial aspects, the nature of the household, the social context of the relationship, and the nature of your commitment to each other. Evidence is needed across all four, and weakness in any single one is a common cause of refusal.
Financial Aspects
Joint accounts, shared liabilities, pooled income, insurance naming each other, and how you divide expenses.
Nature of the Household
A lease or title in both names, mail to one address, shared bills, and how you divide domestic responsibilities.
Social Context
Photographs across the relationship, joint travel, invitations to you as a couple, and Form 888 declarations.
Nature of the Commitment
How long you have been together, periods apart and how you maintained the relationship, and future plans.
Have your evidence assessed against all four categories before you pay the charge.
The Process
How to Apply for a Partner Visa
Short answer
A partner visa is a two stage process. You lodge once and pay once. The temporary stage is decided first, then the permanent stage is assessed around two years after your original lodgement date. The permanent stage is not automatic and requires updated relationship evidence.
A partner visa is a two stage process. You lodge once and pay once. The temporary stage is decided first, then the permanent stage is assessed around two years after your original lodgement date. The permanent stage is not automatic and requires updated relationship evidence.
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3
4
5
6
01
Confirm Which Pathway Applies
Confirm your eligibility and your sponsor's eligibility, including the sponsorship limit and any character disclosures.
02
Build the Evidence Before You Lodge
All four regulatory categories, plus identity, police certificates and health examinations.
The Department prefers applications to be decision ready at lodgement. Some case officers issue only one request for further information.
03
Lodge and Link Your Sponsor
You and your sponsor complete separate linked applications in ImmiAccount. You pay the charge, then give your sponsor the Transaction Reference Number.
04
Bridging Visa and the Wait
On the onshore pathway a bridging visa keeps you lawful with full work rights. On the offshore pathway there is no bridging visa.
05
Temporary Visa Granted
Live in Australia, work without restriction, study and enrol in Medicare while the permanent stage is assessed.
06
Permanent Stage, About Two Years On
The Department reassesses the relationship against the same four categories, using evidence from after the first grant.
Keep adding evidence throughout rather than reconstructing two years of it at the end. This is the most common avoidable problem we see.
Have your subclass 820 reviewed before you pay the charge and lodge.
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Get Clear Answers on Your Visa Options
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What Goes Wrong
Why Are Partner Visa Applications Refused
Short answer
Most refusals are not because the Department thinks the relationship is false. They are caused by thin evidence in one of the four mandatory categories, a problem with the sponsorship, unmet Schedule 3 criteria, or a request for further information answered late or incompletely.
Most refusals are not because the Department thinks the relationship is false. They are caused by thin evidence in one of the four mandatory categories, a problem with the sponsorship, unmet Schedule 3 criteria, or a request for further information answered late or incompletely.
Lodging the Wrong Subclass
Onshore and offshore cannot be swapped after lodgement, and the charge is not refunded.
Thin Financial Evidence
The most commonly weak category. Transfers between individual accounts count where a joint account was not possible.
Generic Form 888 Declarations
Two declarations from people who genuinely know you beat a dozen from people who do not.
Missing the 12 Month Requirement
Registering the relationship removes it. Many couples never find that out.
Ignoring the Sponsorship Limit
Two partners in a lifetime, with a five year wait. A refused sponsorship ends the application.
Not Addressing Schedule 3
If you held no substantive visa at lodgement, a genuine relationship alone is not enough.
Treating the Permanent Stage as Automatic
It is reassessed on fresh evidence from after the first grant.
Answering an RFI Late
Deadlines are short and the Department can decide on the material in front of it.
Every one of these is avoidable, and all of them are cheaper to fix before lodgement than after a refusal.
Special Situations
When a Partner Visa Is Not Straight Forward
Three situations change the whole shape of an application. Each has its own page.
No Valid Visa at Lodgement
Schedule 3 criteria apply if you did not hold a substantive visa when you lodged. The Minister can waive them where there are compelling reasons, and the Waensila principle means circumstances arising after lodgement count.
Family Violence
If you experienced family violence from your sponsor, your application can continue and permanent residence can still be granted after you leave. Your sponsor cannot cancel your visa. No police report is required.
The Application Was Refused
Review rights generally apply to the Administrative Review Tribunal, which reconsiders the application afresh. Time limits run from the date you are taken to have received the decision and cannot be extended.
Every one of these is avoidable, and all of them are cheaper to fix before lodgement than after a refusal.
How We Help
How My Migration Lawyers Assists With a Partner Visa
Short Answer
We confirm which pathway applies, check the sponsor for limitations before you pay the charge, assess your evidence against all four regulatory categories, prepare and lodge the application, manage any request for further information, carry it through the permanent stage, and run the review if it is refused.
We confirm which pathway applies, check the sponsor for limitations before you pay the charge, assess your evidence against all four regulatory categories, prepare and lodge the application, manage any request for further information, carry it through the permanent stage, and run the review if it is refused.
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1
Confirming Which Pathway Applies
Where you are when you lodge, whether you are married or de facto, and who your partner is. That decision cannot be undone after lodgement and the charge is not refunded, so it is worth getting right first.
2
Checking the Sponsor Before You Pay
Two sponsorships in a lifetime, five years between them, and a separate five year wait if your sponsor was themselves sponsored. A limitation that catches the sponsor ends the application no matter how strong the relationship is.
3
Assessing the Relationship Evidence
We assess what you have against all four regulatory categories in Migration Regulation 1.15A, and tell you which one is thin before a delegate does. Financial evidence is the most commonly weak.
4
Schedule 3 Advice
If you lodged or will lodge without a substantive visa, Schedule 3 criteria apply and a genuine relationship alone is not compelling. We assess whether a waiver is realistic before the charge is spent.
5
Registering the Relationship
Where de facto cohabitation is short of 12 months, registering with a state or territory registry removes the requirement entirely. Many couples never learn this until after a refusal.
6
Preparing the Statements
Your relationship statement and your sponsor's. These carry more weight than most applicants realise and they are read against every document in the file.
7
Form 888 and Witness Declarations
Two declarations from people who genuinely know you beat a dozen from people who do not. We advise on who to ask and what makes a declaration useful rather than generic.
8
Assembling the Application
Identity, health, police certificates, and evidence across all four categories, organised so a case officer can find what they need. The Department prefers applications decision ready at lodgement.
9
Lodging and Linking the Sponsorship
You and your sponsor complete separate linked applications in ImmiAccount. We manage both sides so nothing sits unlinked or incomplete.
10
Bridging Visa Management
Confirming which bridging visa has been granted, what conditions attach, and whether work rights apply. Where the conditions are not what they should be, we deal with it.
11
Responding to Requests for Further Information
Some case officers issue only one request before deciding on what is in front of them. We respond within time, in full, and in the form the Department expects.
12
Family Violence Provisions
Where a relationship ends because of family violence, the application can continue and permanent residence can still be granted. Your sponsor cannot cancel your visa and no police report is required.
13
Preparing for the Permanent Stage
The permanent stage is not automatic. It is reassessed on evidence from the period after the first grant, so we set up a record you can add to rather than reconstruct.
14
Review if the Application Is Refused
Partner visa appeals succeed more often than most categories because the refusals are usually evidentiary. We assess the merits and lodge within the period, which cannot be extended.
What Working With Us Looks Like
Lawyers, not agents
Your matter is handled by Australian lawyers, and what you tell us is covered by legal professional privilege.
Checked before you pay
The pathway, the sponsor and the evidence are all assessed before the $11,710 charge is spent, not after.
Fees quoted in writing
You know the professional fee before you engage us. Department charges are paid by you directly.
One firm from start to finish
The same team runs the assessment, the lodgement, the permanent stage and any review. Nothing is handed off midway.
The wrong pathway costs $11,710 and cannot be swapped. Have yours checked before anything is lodged.
Questions
Partner Visa Frequently Asked Questions
Answers to the questions Indonesians applicants ask most often. See also our 30 protection visa FAQs and 30 LGBT protection visa FAQs.
Which Partner Visa Should I Apply For
It turns on three things: where you are when you lodge, whether you are married or de facto, and whether your partner is an Australian citizen or permanent resident or a New Zealand citizen. In Australia, the subclass 820. Outside Australia, the subclass 309. Engaged with under 12 months living together, the subclass 300.
How Much Does an Australian Partner Visa Cost
AUD $11,710 for the primary applicant as at 1 July 2026, covering both stages. The subclass 300 costs more overall because a further $1,955 applies after marriage. The subclass 461 is around $1,330, but it is temporary and does not lead to permanent residency.
How Long Does an Australian Partner Visa Take
Processing times for the subclass 820 and 309 change regularly and are published by the Department of Home Affairs on its visa processing times guide. How long your application takes depends on how complete and consistent your evidence is, character and health checks, and whether the Department requests further information. A well-prepared application avoids the most common causes of delay.
Can I Apply if We Are Not Married
Yes, as de facto partners. You generally need at least 12 months of living together before lodgement, unless your relationship is registered with an Australian state or territory registry, or compelling and compassionate circumstances apply.
Can I Work While My Partner Visa Is Being Processed
On the onshore pathway, yes. A Bridging Visa A carries full work rights once your previous visa expires. On the offshore pathway there is no bridging visa, so work rights begin only when the visa is granted.
What Evidence Does the Department Require
Four categories under Migration Regulation 1.15A: the financial aspects, the nature of the household, the social context of the relationship, and the nature of your commitment. Weakness in any single category is a common cause of refusal.
How Many Partners Can My Sponsor Sponsor
Two in a lifetime, with at least five years between them. A separate five year wait applies if your sponsor was themselves granted a partner visa. All three limits can be waived. See Sponsorship Limitations.
Do Same Sex Couples Apply for the Same Visas
Yes. Australian migration law makes no distinction based on sexual orientation or gender identity. Same criteria, same charges, no separate visa. See Same Sex and LGBTIQ+ Partner Visa.
What if My Relationship Ends During the Process
You must notify the Department. In limited circumstances the application can still proceed, including where there has been family violence, where there is a child of the relationship, or where the sponsor has died.
Can I Apply if I Have No Valid Visa
You can lodge, but Schedule 3 criteria will apply. The Minister can decide not to apply them where there are compelling reasons. A genuine relationship on its own is not compelling.
Does a Partner Visa Lead to Permanent Residency
Yes, for the 820, 309 and 300 pathways. The first stage is temporary and the permanent stage is assessed around two years after lodgement. The subclass 461 is the exception, being a five year temporary visa with no permanent stage.
What if My Partner Visa Is Refused
You generally have 28 calendar days to apply to the Administrative Review Tribunal, which decides the application again and accepts new evidence. The deadline cannot be extended. See Partner Visa Refusal.
About the Reviewer
Who Reviewed This Page
Weiwei Zhang is an Australian lawyer practising exclusively in Australian migration law and is the Principal Lawyer at My Migration Lawyers. She reviews the firm's published legal guidance for accuracy.
Weiwei Zhang
Managing Director and Principal Lawyer, My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Weiwei Zhang is an Australian lawyer practising exclusively in Australian migration law and is the Principal Lawyer at My Migration Lawyers. She reviews the firm's published legal guidance for accuracy.
Last Reviewed
16 September 2026
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