Partner and Family Pathways to Australia

Australia's migration system recognises that permanent residence decisions are rarely made alone. If you are an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be able to sponsor your partner, spouse, children, parents, or other eligible family members to come to or remain in Australia. For international students and skilled migrants already in Australia, understanding the family pathway options early helps avoid situations where a partner or dependent is left without a clear visa status.

Partner Visas: Onshore and Offshore

The partner visa pathway is available to people in genuine de facto, married, or prospective marriage relationships with an eligible Australian sponsor. Two main routes depend on where the applicant is when they apply.

Onshore Partner Visa: Subclass 820 and 801

The subclass 820 (temporary) and 801 (permanent) partner visa is for applicants who are already in Australia when they lodge. The application is submitted as a combined grant: you first receive the temporary 820, which gives you the right to live and work in Australia while your permanent 801 is assessed. The 801 permanent visa is generally available after two years from the date you first applied, provided the relationship remains genuine.

Offshore Partner Visa: Subclass 309 and 100

The subclass 309 (provisional) and 100 (permanent) visas are for applicants who are outside Australia when they apply. As with the onshore pathway, both visas are lodged simultaneously. The 309 allows the applicant to enter and live in Australia while the 100 permanent visa is being assessed. After two years from the initial application date, if the relationship is ongoing, the 100 permanent visa is typically granted.

What Makes a Partner Visa Application Strong?

Australian immigration authorities assess to find whether the relationship is genuine and continuing. Evidence is reviewed across four categories:

• Financial aspects: Joint bank accounts, shared financial commitments, joint assets or liabilities

• Nature of household: Shared accommodation history, evidence of cohabitation, shared daily life

• Social aspects: Recognition of the relationship by family and friends, joint social activities, support of each other's communities

• Commitment: Plans, shared intentions, communication history for long-distance relationships

Weak or thin evidence in any category increases the risk of a request for further information or an adverse decision. The stronger and more consistent your evidence across all four categories, the smoother the process tends to be.

Prospective Marriage Visa Subclass 300

If you and your sponsor are not yet married but intend to marry in Australia, the subclass 300 Prospective Marriage Visa may be appropriate. This visa allows you to enter Australia for up to nine months to marry your sponsor. You must then apply for a partner visa from within Australia to remain. This visa is only available to applicants applying from outside Australia.

Parent Visas

Australian citizens and permanent residents can sponsor eligible parents to migrate to Australia. Parent visa options include both contributory (faster but more expensive) and non-contributory (cheaper but significantly longer queue) pathways. Contributory parent visas (subclass 143 for offshore and 864 for onshore) generally offer a faster but more costly route to permanent residence for parents.

Other Family Pathways

• Child visa (subclass 101 and 802): For children of Australian citizens or permanent residents who are not already Australian citizens

• Remaining relative visa (subclass 115 and 835): For applicants whose only close family members are Australian residents

• Aged dependent relative visa (subclass 114 and 838): For elderly relatives who depend on a family member in Australia for financial support

• Carer visa (subclass 116 and 836): For relatives of an Australian citizen or permanent resident who needs ongoing assistance due to a medical condition

Family Members in Student and Skilled Visa Applications

If you are the primary applicant for a student, graduate, or skilled visa, your partner and dependent children may be able to be included as secondary applicants. Secondary applicants are generally subject to the same health, character, and documentation requirements as the primary applicant. Planning their inclusion early avoids delays closer to the lodgement date.

FAQ

Can my de facto partner apply for a partner visa?

Yes. Australian partner visas recognise genuine de facto relationships as well as legally married couples. You generally need to show that you have been in a de facto relationship for at least 12 months before applying, unless you are registered under a state or territory relationship register.

Can I work in Australia while my partner visa is being processed?

If you are applying onshore and hold a bridging visa while your 820 is being assessed, you will generally have the right to work in Australia during the processing period. 

What if my relationship breaks down during the visa process?

If your relationship ends during the assessment period for a partner visa, you are required to notify the Department of Home Affairs. In some circumstances, such as family violence, some provisions may allow the visa to still be granted. Legal advice is strongly recommended in these situations.

How long does a partner visa take?

Processing times for partner visas are among the longest in the Australian migration system. Onshore and offshore applications both commonly take over a year at the temporary stage, and the permanent component may take additional years beyond that. Starting early and submitting complete, well-organised evidence gives the best chance of timely progress.

Can I include my children in my partner visa application?

Yes. Dependent children under 18 can be included in most partner visa applications. Children over 18 may be included if they are full-time students or have a dependency due to disability. Each child must meet health and character requirements.