Partner Visa

Subclass 820 (Temporary)

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 801).

In most cases, you must be the spouse or de facto partner of an:

  • Australian citizen
  • Australian permanent resident or
  • eligible New Zealand citizen

Your relationship can be with someone of the same or different sex.

You might still be eligible for the visa if your relationship breaks down or your sponsor dies while the application is being processed

Eligibility Criteria:

  • be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen
  • be in Australia when you apply for this visa and when your temporary visa application decision is made. Family who apply with you must also be in Australia

To be a married applicant:

  • you and your spouse must both be committed to a shared life together to the exclusion of all others
  • your relationship with your spouse must be genuine and continuing
  • you must live with your spouse or do not live apart on a permanent basis
  • your marriage must be valid under Australian law

To be a de facto partner, you must be in a de facto relationship.

  • you and your partner are in a de facto relationship if all these apply:
  • you are not married to each other
  • you are committed to a shared life to the exclusion of all others
  • your relationship is genuine and continuing
  • you live together or do not live separately and apart on a permanent basis
  • you are not related by family

Usually your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.

The 12-month requirement also will not apply if:

  • your partner holds or held a permanent humanitarian visa
  • your de facto relationship existed before your partners current visa was granted
  • your de facto partner told us about the relationship before their visa was granted 

It also will not apply if you:

  • are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or
  • you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages

You might still be granted the temporary visa if your relationship has broken down or if your sponsor dies. 

Subclass 801(Permanent)

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia permanently. It is usually only for people who currently hold a temporary Partner visa (subclass 820).

Eligibility Criteria:

  • hold a temporary Partner visa (subclass 820)
  • in most cases, continue to be in a married or de facto relationship with your sponsor

Relationship Requirements :

  • You must still be in a relationship with your spouse or de facto partner.
  • You must usually continue to be sponsored. 
  • You might still be eligible for the permanent visa if your relationship breaks down or if your sponsor dies after you have been  granted the temporary visa but while your permanend visa is being considered.