Partner Visa

309 / 100 or 820 / 801 - Partner Visa

This visa is applicable if you and your partner are already married or in a defacto (common-law) relationship including same-sex couples.

This is a two stage visa; initially you will be granted a temporary visa usually valid for a period of two years. If after two years your relationship is still ongoing and you continue to meet the visa criteria then you will be granted a visa for permanent residency.


There is no points test for this visa.

Main Criteria

In Australia
If you are already married  and in Australia the main criteria are;

  •  Usually you must hold a valid substantive visa and you must not have an 8503 (no further stay) condition on it. An 8503 condition means you will not be able to lodge any further visa applications onshore whilst you are in Australia.
  • Your partner must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen and he/she must be willing and able to sponsor you.
  • Your marriage must be recognised under Australian law.
  • Your relationship must be exclusive, genuine and continuing.
  • You must meet health and character requirements.
  • You may need to provide an Assurance of Support.
  • You must be of the opposite sex to your intended spouse.

If you are in a defacto (common-law) relationship  and in Australia the main criteria are;

  • Usually you must hold a valid substantive visa and you must not have an 8503 (no further stay) condition on it. An 8503 condition means you will not be able to lodge any further visa applications onshore whilst you are in Australia.
  • Your partner must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen and he/she must sponsor you.
  • Your relationship must be exclusive, genuine and continuing
  • You and your partner must have been in a de-facto relationship for at least 12 months immediately prior to making your application
  • You must meet health and character requirements.
  • You may need to provide an Assurance of Support. 

Long Term Relationship
If you can show that you are in a “long term” relationship at the time you lodge the initial spouse visa application then it may be possible to apply for a waiver of the 2 year waiting period for permanent residence.
This waiver would apply if at the time of lodgment either:

  • You have been in a relationship with your partner for at least 3 years; or
  • You have been in a relationship with your partner for at least 2 years and have a child from the relationship.

Outside Australia
The main criteria for a Spouse visa lodged overseas are similar to the criteria for an application lodged in Australia as above except that you are not required to hold a substantive visa. Processing times will vary from country to country but usually take about 6 - 8 months. The application is lodged “off-shore” at an Australian Consulate or Embassy overseas – usually in the country where you are resident.

Austart Migration can assist with applications to be lodged overseas as well as in Australia.