Partner and family visas: the basics
This is national law, so it applies across Australia. Some services listed here are in Victoria. For services in your state or territory, see Help in other states.
Last checked: 1 November 2026
The short answer
A partner visa lets the married or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen live in Australia. If you are in Australia you apply for the temporary (subclass 820) and permanent (subclass 801) visas together. If you are outside Australia you apply for subclasses 309 and 100 together. Your partner must sponsor you, and you must show the relationship is genuine. If you are in danger, call 000.
Key dates and time limits
- De facto partners usually need to have been in the relationship for at least 12 months right before applying, unless the relationship is registered or there are compelling and compassionate circumstances.
- The permanent stage can be assessed 2 years after you applied. Do not send your permanent stage documents before then.
- If a partner visa is refused, the time to ask the ART for review is 28 days after you are notified, or 14 days if you are in immigration detention.
- For subclass 820, you and the family members applying with you must be in Australia when you apply.
Step by step
Check you are eligible
You must be the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen when you apply and when the decision is made. Time spent dating or in an online relationship might not count as a de facto relationship. If you plan to marry, a Prospective Marriage visa (subclass 300) may suit you.
Gather evidence of your relationship
Write your relationship history: how you met, when you moved in together and your plans. Collect evidence of shared money, your household, your social life as a couple and your commitment. You need statements from 2 witnesses aged 18 or over, which can be done on Form 888.
Your partner sponsors you
Your partner completes the online sponsorship form, using your ImmiAccount or their own. Children under 18 applying with you need consent from any other parent who is not coming, using Form 1229, unless you have a court order.
Apply and pay
Apply through ImmiAccount and attach your documents, translated into English where needed. The cost depends on your situation, so use the Home Affairs Visa Pricing Estimator. Check the cost on the day you apply, as it changes.
Tell the Department about changes
Tell Home Affairs if your address, relationship or family situation changes. When 2 years have passed since you applied, send the documents for the permanent stage.
If there is family violence
You do not have to stay in a violent relationship to keep your visa pathway. If you hold or applied for a subclass 820 or 309 visa, or hold or held a subclass 300 visa, and your former partner who sponsored you was violent, you may still be able to get a permanent visa under the family violence provisions. If you are in danger, call 000. For support, call 1800RESPECT on 1800 737 732.
Other family visas
There are also visas for parents, carers, remaining relatives and dependent children. Each has its own rules and can take a long time. Get advice before you apply and pay.
Who can help
Victoria Legal Aid Legal Help
Free legal information and referral, including help with some visa appeals and mandatory cancellations.
1800RESPECT
24 hour support for people affected by domestic, family or sexual violence.
Refugee Legal
Free advice and casework for people seeking asylum, refugees and disadvantaged migrants, including people in detention. Call the telephone advice line first.
Translating and Interpreting Service (TIS National)
Free phone interpreting so you can talk to a service in your language.
Forms and the law
Home Affairs: Partner visa (subclass 820 and 801)
Applying in Australia as a partner.
immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-820 ↗Home Affairs: Partner visa (subclass 309 and 100)
Applying from outside Australia as a partner.
immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore/provisional-309 ↗Home Affairs: Family violence provisions
Staying in Australia after family violence by your sponsoring partner.
immi.homeaffairs.gov.au/visas/domestic-family-violence-and-your-visa/family-violence-provisions ↗Form 888: Supporting statement
Witness statement for a partner or prospective marriage visa.
immi.homeaffairs.gov.au/form-listing/forms/888.pdf ↗Migration Act 1958 (Cth)
legislation.gov.au/C1958A00062/latest/text ↗Migration Regulations 1994 (Cth)
legislation.gov.au/F1996B03551/latest/text ↗Where this information comes from
These are public sources we used to write this guide. They are general information, not legal advice about your situation.
- Department of Home Affairs Home Affairs: Partner visa (subclass 820 and 801)
- Department of Home Affairs Permanent 801
- Department of Home Affairs Home Affairs: Partner visa (subclass 309 and 100)
- Department of Home Affairs Home Affairs: Family violence provisions
- Administrative Review Tribunal Immigration and citizenship
- Federal Register of Legislation Migration Act 1958 (Cth)
- Refugee Legal Home page
- Refugee Legal How to get help
- Victoria Legal Aid Other support immigration and migration
- 1800RESPECT Home page
- TIS National Contact us
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