Partner visa Australia requirements: what the applicant and the sponsor must meet

Updated 2026-10-14 · General information, not migration advice · Run by the Arrivau team

To apply for an Australian Partner visa, the applicant must be in a genuine relationship with a spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and that person must sponsor them. The subclass 820 and subclass 309 pages list the same core criteria: relationship, sponsor, age, health, character, debt, the Australian values statement and the best interests of a child under 18. The main difference is where the applicant is when they apply: the subclass 820 page says the applicant must be in Australia, and the subclass 309 page says the applicant must be outside Australia.

Relationship and sponsor

Both pages say that, in most cases, the applicant must be the spouse or de facto partner of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. Both pages add that this applies when the application is made and when it is being decided.

Both pages say the applicant must have a sponsor when they lodge the application and while they hold the visa. The sponsor is usually the partner. The department must approve the sponsor. The applicant cannot change the sponsor, and the sponsor must be the same person who sponsors them for 2 years after the temporary Partner visa is granted.

The subclass 820 page's glossary defines a spouse as one of two people in a married relationship if they are married to each other under a marriage that is valid for the purposes of the Migration Act and:

  • they have a mutual commitment to a shared life as a married couple to the exclusion of all others
  • the relationship between them is genuine and continuing
  • they live together, or do not live separately and apart on a permanent basis.

The same glossary says a spouse can be someone of the same or different sex.

The glossary defines a de facto relationship as one where the two people are not legally married to each other but:

  • they are committed to a shared life excluding all others
  • the relationship is genuine and continuing
  • they live together, or do not live separately and apart on a permanent basis
  • they are not related by family.

The glossary says a de facto relationship can be with someone of the same or different sex.

For de facto applicants, both pages say the applicant usually must have been in the de facto relationship for at least 12 months immediately before applying. Both pages say time spent dating or in an online relationship might not count. The 12-month requirement does not apply if the applicant can show that compelling and compassionate circumstances exist. It also does not apply if all of the following are true, according to both pages:

  • the de facto partner holds or held a permanent humanitarian visa
  • the de facto relationship existed before that visa was granted
  • the de facto partner told the department about the relationship before the visa was granted.

The 12-month requirement also does not apply if the applicant is in a de facto relationship with a partner who is applying for a permanent humanitarian visa, or if the relationship is registered with an Australian State or Territory authority such as a registry of births, deaths and marriages.

Where the applicant must be when applying

The subclass 820 page says eligible applicants must apply in Australia, and family members who apply with them must also be in Australia. The page says an applicant can apply if their current or previous visa does not have a condition that prevents further stay, such as condition 8503. It adds that the applicant might be able to request a waiver of the no further stay condition in some circumstances, and that a waiver must be approved before they can apply. The page says the applicant needs to check their visa status using VEVO.

The subclass 309 page says the applicant must be outside Australia when they apply. Family members who apply with them must also be outside Australia.

Substantive visa and visa history

A rule about immigration history also appears on the subclass 309 page, which says you might not be eligible if you have had a visa cancelled or refused.

If the applicant does not hold a substantive visa when they apply, and they are eligible to apply, the subclass 820 page says they must do the following:

  • include a "Sponsorship for a Partner to Migrate to Australia" online form completed by the sponsor
  • provide evidence of the sponsor's status, for example a passport or birth certificate
  • include at least two statutory declarations, each made within the last six weeks by an Australian citizen, Australian permanent resident or eligible New Zealand citizen, confirming the relationship
  • provide evidence that the declarants are Australian citizens, permanent residents or eligible New Zealand citizens.

The page says a driver's licence or Medicare card is not sufficient evidence for either the sponsor or the declarants. It says Form 888 is not a statutory declaration and that current and previous versions of Form 888 are not acceptable for this requirement. It also says that if this information is not included when the application is lodged, the application may be deemed invalid. The page adds that an applicant without a substantive visa at the time of applying will have to meet additional criteria to be granted this visa.

The subclass 820 page also says that an applicant who does not hold a substantive visa might not be eligible if they have had a visa cancelled or refused. It refers readers to the Limitations on applications in Australia information for details.

The subclass 820 page lists regional visas that affect eligibility. If the applicant holds, or their last substantive visa was, a Skilled – Independent Regional (Provisional) (Class UX) visa, a subclass 475 visa, a subclass 487 visa or a Skilled Regional Sponsored (Provisional) (Class SP) visa, they must have held that visa for at least two years before they can apply. If it was a subclass 491 or subclass 494 visa, the page says they must have held it for at least three years.

The subclass 820 page says that, if the applicant does not hold a substantive visa at the time of applying and did not previously hold a Prospective Marriage (subclass 300) visa, they must show that compelling reasons exist for the grant of a Partner visa.

The subclass 309 page says the department will consider the applicant's immigration history when it decides the application. It says the applicant might not be eligible if they have had a visa cancelled or refused. The page also says that in some circumstances an applicant may still apply for a permanent visa after a cancellation or refusal, and points to the Can I go to Australia information.

Age, health, character, debt, values and children

Requirement Subclass 820 page Subclass 309 page
Age Married applicants must, in most cases, be 18 or older when they apply. Applicants in de facto relationships must be 18 or older. Married applicants must usually be 18 or older when they apply. Applicants in de facto relationships must be 18 or older.
Health The applicant, any family unit members and dependent children who apply with them must meet the health requirement. Family members who do not come to Australia might also need to meet it. The applicant and any family members who apply with them must meet the health requirement. The department might ask for health information about family not coming to Australia.
Character The applicant and any family members who apply with them must meet the character requirement. Family members who do not come to Australia might also need to meet it. The applicant and family members aged 16 years and over who apply with them must meet the character requirement. The department might ask for character information about family not coming to Australia.
Debt If the applicant or any family members owe the Australian Government money, they must have paid it back or arranged to pay it back. This may include family not coming to Australia. If the applicant or any family members owe the Australian Government money, they must pay it back or arrange to pay it back. This may include family not coming to Australia.
Values statement Applicants and family members aged 18 or older who apply must have read, or had explained, the Life in Australia booklet, and sign an Australian Values Statement. Applicants and family members aged 18 or older who apply must have read, or had explained to them, the Life in Australia booklet, and sign an Australian Values Statement.
Best interests of the child The department might not grant the visa if it is not in the best interests of an applicant under 18. The department might not grant the visa if it is not in the best interests of an applicant under 18.

Both pages say that for the values statement, the statement confirms the person will respect the Australian way of life and obey Australian laws.

Both pages include a section on forced marriage. Both say forced marriage is a crime in Australia. Both direct readers to the Attorney-General's Department for help if they or someone they know is in, or at risk of, a forced marriage.

Sponsor criteria

The sponsor criteria below come from the For Sponsors information on the subclass 820 page.

Suitability. The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. The page says a New Zealand citizen who does not meet the sponsorship criteria may have a partner who is eligible for a New Zealand Citizen Family Relationship visa (subclass 461). The department must approve the sponsorship.

Age. The sponsor must be 18 or older. The page says a sponsor under 18 who is married to the applicant might be able to have their parent or guardian sponsor the partner.

Character. Most sponsors will need to meet the character requirements. The department might not approve a sponsor who has a significant criminal record for relevant offences, who refuses to provide a police clearance, or who does not consent to the disclosure of their convictions to the applicant. Convictions for relevant offences that have been quashed, nullified or pardoned are not included.

Children. The page says there are limitations on sponsorship if the sponsor has been convicted of certain offences involving children, and refers readers to the measures for the protection of children information.

Previous sponsorships and visas. The department may refuse the sponsorship and the partner's visa application if:

  • it is the sponsor's third time sponsoring someone for a Partner or Prospective Marriage visa
  • the sponsor has sponsored another partner within the last 5 years
  • the sponsor was sponsored as a partner within the last 5 years.

The page says the sponsor might still be able to sponsor in circumstances where the sponsor and the applicant have a dependent child who depends on each of them, where the previous partner died, where the previous partner left the relationship and there are children dependent on the sponsor for care and support, or where the relationship with the applicant is longstanding.

The page says the department may refuse the sponsorship and the partner's visa application if the partner was the sponsor's spouse or de facto partner before the sponsor was granted a Contributory Parent visa, and it has been less than 5 years since that visa was granted. It also says the department may refuse in certain cases involving a Woman at Risk (subclass 204) visa holder.

Forced marriage. The department may refuse the partner's visa application if the sponsor and the partner are found to be in a forced marriage.

Where to get help

The department's pages point to its "Who can help with your visa application" information. Both pages include this reference in their overview and eligibility sections.

Sources

Checked 11 October 2026

This page is an unofficial summary, is not published by the Department of Home Affairs, and the department's current pages prevail if they differ.