Family Visa
Family visa pathways allow eligible partners, parents, children, and fiancé(e)s of Australian citizens, Australian permanent residents, and eligible New Zealand citizens to live in Australia temporarily or permanently, depending on the visa subclass and their circumstances.
1. Partner Visa (Offshore Subclass 309/100, Onshore Subclass 820/801)
The Partner visa (Subclass 820 and Subclass 801) allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia based on their genuine and ongoing relationship.
This visa is generally granted through a two-stage process. First, the applicant is granted the temporary Partner visa (Subclass 820), which allows them to live, work, and study in Australia while the Department of Home Affairs assesses the permanent stage of the visa. After approximately two years from the initial application, the applicant may be eligible for the permanent Partner visa (Subclass 801), which allows them to live in Australia permanently, work and study without restriction, access certain social benefits, and potentially apply for Australian citizenship if eligible.
The key difference between Subclass 820 and Subclass 309 is the location of the applicant when applying. The Subclass 820 visa is an onshore visa, meaning the applicant must be in Australia when applying, while the Subclass 309 visa is the offshore temporary partner visa for applicants applying outside Australia.
Similarly, the Subclass 801 visa is the permanent onshore partner visa following Subclass 820, while the Subclass 100 visa is the permanent visa granted following the Subclass 309 visa for offshore applicants.
Temporary Stage – Subclass 820 or Subclass 309
At the temporary stage, both the sponsor and the applicant must satisfy specific eligibility and documentary requirements before the relationship can progress to the permanent visa stage.
Sponsor Requirements
To sponsor a partner for this visa, the sponsor must:
•Be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
•Be at least 18 years old
•Be approved by the Department of Home Affairs as a sponsor
•Agree to financially support the applicant and assist with accommodation during the sponsorship period
•Meet character requirements, including providing police clearances if required
•Not be subject to sponsorship limitations, such as sponsoring multiple partners within restricted time periods
Visa Applicant Requirements
To be eligible for the Subclass 820 or Subclass 309 partner visa, the applicant must:
•Be the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
•Demonstrate that the relationship is genuine and continuing and that both partners share a mutual commitment to a shared life
•Usually have been in a de facto relationship for at least 12 months before the application, unless an exemption applies
•Have an approved sponsor, who is usually their partner
•Be in Australia when lodging the Subclass 820 application, and any included family members must also be in Australia at the time of application
•Meet the health and character requirements required by the Department of Home Affairs
Applicants must also provide supporting evidence of the relationship, typically covering:
•Financial aspects of the relationship (for example, joint bank accounts and shared expenses)
•Nature of the household (for example, living arrangements and shared responsibilities)
•Social aspects of the relationship (for example, recognition by friends and family)
•Nature of commitment to each other (for example, long-term plans and mutual support)
After the temporary visa stage (Subclass 820 or Subclass 309), the applicant must continue to be in a genuine and ongoing relationship with the sponsor to be granted the permanent Partner visa (Subclass 801 or Subclass 100).
Permanent Stage – Subclass 801 or Subclass 100
The Permanent Partner visa (Subclass 801 and Subclass 100) is the second stage of Australia’s partner visa program and allows the partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia permanently.
Applicants usually apply for the temporary and permanent partner visas at the same time, and after holding the temporary visa for a period (generally around two years from the initial application), the Department assesses whether the applicant is eligible for the permanent stage.
Once granted, the permanent partner visa allows the holder to live, work and study in Australia indefinitely, enrol in Medicare, sponsor eligible family members, and potentially apply for Australian citizenship if they meet the relevant requirements.
The difference between Subclass 801 and Subclass 100 is the location of the applicant during the first stage of the partner visa process. The Subclass 801 visa is the permanent stage for applicants who applied onshore through the Subclass 820 visa, while the Subclass 100 visa is the permanent stage for applicants who applied offshore through the Subclass 309 visa. Both visas grant the same permanent residency rights once approved.
Sponsor Requirements
To sponsor a partner for the permanent stage of the visa, the sponsor must:
•Be the same person who sponsored the applicant for the temporary partner visa
•Continue to be the spouse or de facto partner of the applicant
•Continue to support the applicant financially and assist with accommodation during the sponsorship period
•Maintain an approved sponsorship with the Department of Home Affairs
Applicant Requirements
To be eligible for the permanent Partner visa (Subclass 801 / 100), the applicant must:
•Hold the temporary partner visa (Subclass 820 or Subclass 309) or have previously applied for it
•Continue to be in a genuine and ongoing relationship with their sponsoring partner
•Demonstrate that the relationship is genuine and continuing
•Meet health and character requirements if required by the Department
•Provide updated relationship evidence when invited by the Department for the permanent stage assessment
The relationship evidence generally includes:
•Financial aspects of the relationship
•Nature of the household
•Social recognition of the relationship
•Mutual commitment to a shared life
In most cases, the permanent stage is assessed around two years after the initial partner visa application, unless exemptions apply (for example, long-term relationships or where the couple has dependent children).