Spouse visa Australia: a valid marriage, the age rule and forced marriage

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

Spouses apply for the same Partner visas as de facto partners: the onshore subclass 820/801 pair, or subclass 309 if you apply outside Australia. The subclass 820 page defines a spouse as one of two people in a married relationship, married to each other under a marriage that is valid for the purposes of the Migration Act, with three conditions attached. Its documents step then asks married applicants for a marriage certificate, or other evidence that the marriage is valid in Australia.

What the pages mean by "spouse"

The glossary on the subclass 820 page says a spouse is 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; and
  • the relationship between them is genuine and continuing; and
  • they live together; or do not live separately and apart on a permanent basis.

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

Separately, in the eligibility section, both the subclass 820 page and the subclass 309 page reduce this to one line: "To be a spouse, you must be in a married relationship."

Whose marriage the requirement is about

Being married is only part of it. Both pages say that in most cases you 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 you make your application and when your application is being decided.

What married applicants are asked to provide

The documents step on the subclass 820 page says: if you are married, provide your marriage certificate or other evidence that your marriage is valid in Australia.

Two nearby items on the same page can apply to married applicants as well:

  • Under identity documents, the page asks for proof of change of name if applicable, giving a marriage or divorce certificate as an example.
  • Under former relationships, it says that if you have previously been married, widowed, divorced or permanently separated, provide divorce documents, death certificates, separation documents or statutory declarations.

The same step says you should provide all required information with your application, or as soon as possible after you apply, that documents in a language other than English must be translated, and that scans or photographs must be in colour and clear enough to read.

The age rule for married applicants

The two pages word this slightly differently, and the difference is worth keeping:

Page Wording
Subclass 820 "Married applicants must, in most cases, be 18 or older when they apply."
Subclass 309 "Married applicants must usually be 18 or older when they apply."

Both pages give the same reason: this is because usually, you must be 18 or older to be married under Australian law.

Both pages also state, without any qualifying wording, that applicants in de facto relationships must be 18 or older when they apply.

The sponsor's age, and sponsors under 18

The sponsor section of the subclass 820 page says a sponsor must be 18 years old or older. It adds that if you are under 18 and you are married to the applicant, your parent or guardian might be able to sponsor your partner.

The subclass 820 page also notes that it might not grant this visa if it is not in the best interests of an applicant under 18; the subclass 309 page says the same.

Forced marriage

Both visa pages carry the same description. Forced marriage is when a person (or both people) gets married without freely and fully consenting. They may be tricked, threatened or pressured into getting married, or they are incapable of understanding the nature and effect of a marriage ceremony, for reasons including age or mental capacity.

Both pages state that forced marriage is a crime in Australia, and point to the Forced marriage information of the Attorney-General's Department for anyone who is in, or at risk of, a forced marriage.

The sponsor section of the subclass 820 page adds the refusal line: we may refuse your partner's visa application if you and your partner are found to be in a forced marriage, and it repeats that forced marriage is a crime in Australia.

Questions people ask

Is there a separate spouse visa to apply for?

Spouses apply for the same Partner visas as de facto partners. The subclass 820 and subclass 309 pages list "spouse" and "de facto partner" together under relationship requirements, and the subclass 820 eligibility section refers to the Partner visa (Temporary) (subclass 820) and Partner visa (Permanent) (subclass 801).

Does the marriage have to be an Australian marriage?

The glossary definition requires a marriage that is valid for the purposes of the Migration Act. The documents step asks for a marriage certificate or other evidence that the marriage is valid in Australia.

Can a spouse be of the same sex?

Yes. The glossary on the subclass 820 page says a spouse can be someone of the same or different sex, and it says the same of a de facto relationship.

Do we have to be living together?

The glossary lists living together as part of the definition, but phrases the third limb as living together, or not living separately and apart on a permanent basis.

Do I need to be 18 if I am married?

The subclass 820 page says married applicants must, in most cases, be 18 or older when they apply, and the subclass 309 page says married applicants must usually be 18 or older when they apply, because usually you must be 18 or older to be married under Australian law.

Sources

Checked 11 October 2026

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