The Requirements for an Australian Partner Visa
By David Pereira – MARN 1385022
Are you and your partner planning a future together in Australia? Whether you're in a married or de facto relationship, the Australian Partner visa (subclass 820 and 801) offers a powerful pathway to permanent residency.
But let’s be real—this visa isn’t a formality. It’s a deeply personal process that can be emotionally draining and financially costly if you get it wrong. I’ll break it down in straightforward way - backed by policy, and crafted to give you clarity and confidence.
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What are the Australian Partner Visa Requirements (820/801)?
The Partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia.
It’s a two-stage process:
Subclass 820 (Temporary Partner Visa) – lets you stay in Australia while your permanent visa is processed.
Subclass 801 (Permanent Partner Visa) – granted usually two years later if the relationship is genuine and ongoing.
You apply for both stages at once, but each stage is assessed separately
Core Eligibility Requirements
Before you lodge a cent—or your hopes—into this visa, you need to tick some essential boxes:
1. The Relationship Type
You must be either:
Legally married, or
In a de facto relationship for at least 12 months before applying (unless exempt, such as registering the relationship or having a child together).
Same-sex couples are treated equally under the law.
2. Sponsor Must Be Eligible
Your partner must be an:
Australian citizen
Australian permanent resident
Eligible New Zealand citizen
But there are caps—sponsors are generally limited to sponsoring two partners in a lifetime, and must wait five years between sponsorships unless exceptional circumstances apply.
3. You Must Be in Australia
This is an onshore visa, meaning the applicant must be in Australia when applying—and not in immigration clearance. You must hold a substansive visa (i.e not a bridging visa) at time of application, unless you meet additional exceptional circumstances criteria. If this is the case, we recommended booking in a call with a Partner Visa Migration Agent now ASAP
What Evidence Do You Need?
To assess whether your relationship is genuine, the Department of Home Affairs applies strict evidentiary guidelines. They assess your application against four core areas (known in policy as Reg 1.09A or Reg 1.15A, depending on whether you are married or in a de facto relationship):
1. Financial Aspects
Joint bank accounts
Shared bills or assets
Financial support records
2. Nature of the Household
Co-residency evidence
Shared chores and responsibilities
Rental agreements, mail, and photos
3. Social Aspects
Joint invitations, holidays, and social media
Statements from friends or family
Community recognition as a couple
4. Nature of Commitment
Future plans (children, marriage, buying a home)
Willingness to care for each other in hardship
Statements detailing your journey
The True Cost: Application Fees & Emotional Investment
Applying for this visa isn’t cheap. The government application fee alone is over $9,095 AUD for most applicants, and this doesn’t include costs for:
Medical exams
Police clearances
Document translations
Legal or migration agent support
Now imagine investing that, only to receive a refusal.
Beyond the money, the emotional toll can be devastating. Couples experience anxiety, tension, and even relationship breakdowns during poorly prepared visa processes. Rebuilding trust with the Department—or each other—can be significantly harder the second time around.
What Happens If Your Partner Visa Is Refused?
A refusal isn’t just a bump in the road—it’s a serious roadblock.
When the Department refuses your application, they send you a written decision notice. This outlines why the application was refused and whether you have rights for merits review through the Administrative Appeals Tribunal (AAT). The AAT process can take 1–3 years to resolve, and while you may remain on a bridging visa, the stress of waiting is very real.
And here’s the kicker—there’s no refund on the visa fee if refused.
You may also find yourself ineligible to apply again from inside Australia due to section 48 of the Migration Act. This restriction prevents many applicants from reapplying while still in the country if they’ve had a visa refusal.
So, what’s the point?
Get it right the first time. The stress, the cost, and the time lost are all avoidable with proper preparation.
Avoid These Common Mistakes
Mistake #1: Rushing the Application
Too many couples apply emotionally instead of strategically. Don’t rush—build your story and evidence over time. Weak submissions are often refused.
Mistake #2: Inconsistent or Incomplete Statements
If your Form 888s, personal relationship statements, and supporting documents tell conflicting stories, the application will likely be refused. Think like a case officer.
Mistake #3: Not Understanding the Legal Thresholds
This is a legal test—not a popularity contest. The Department isn’t judging your love—they’re checking if you meet specific legislative definitions under section 5F or 5CB of the Migration Act.
Need Help with your Partner Visa?
I’m David Pereira (MARN 1385022), a registered migration agent. Let’s make your love story a visa success story.
📞 Contact First Choice Australia Migration today for a consultation.
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