Last Updated: 16 June 2026

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To be eligible for a partner visa in Australia, you need a genuine and continuing relationship with an eligible Australian sponsor. Both you and your sponsor must meet separate requirements set by the Department of Home Affairs. A problem on either side can result in the entire application being refused.

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Quick Answer

To meet partner visa requirements in Australia, you must be 18 or older and in a genuine relationship — married, de facto, or registered.

 

Your sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen, and must be approved by the Department before your visa can be granted.

 

Both of you must meet health and character requirements, and you must sign the Australian Values Statement. The Department needs to be satisfied your relationship is genuine and continuing — both when you apply and when your application is decided.

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What Are the Requirements for a Partner Visa in Australia?

You must satisfy two separate sets of requirements. Your eligibility as the applicant is assessed independently from your sponsor's eligibility — meeting one does not offset a failure on the other.

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This guide covers eligibility for the onshore Partner visa (Subclass 820, leading to Subclass 801). For the full picture of how the partner visa system works across all pathways — including costs and processing times — see our partner visa Australia guide.

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Applicant Requirements

You must meet the following to be eligible:

• Be 18 years or older when you apply. Married applicants must usually be 18 or older, since you generally must be 18 or older to marry under Australian law. De facto applicants must also be 18 or older.

• Be the spouse or de facto partner of an eligible Australian sponsor, in a genuine and continuing relationship — this applies both when you apply and when your application is decided.

• If applying as a de facto partner, have been in a de facto relationship for at least 12 months immediately before you apply. Time spent dating or in an online relationship may not count toward this.

• Be in Australia when you apply, if applying for the onshore pathway. Family members applying with you must also be in Australia.

• Hold a substantive visa at the time of application. If you do not, you must demonstrate compelling reasons exist for the visa to be granted, unless you previously held a Prospective Marriage (Subclass 300) visa.

• Meet the health requirement.

• Meet the character requirement.

• Have no outstanding debt to the Australian Government, or have an arrangement in place to repay it.

• Sign the Australian Values Statement, after reading or having explained to you the Life in Australia booklet.

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The 12-month de facto requirement does not apply if you can show compelling and compassionate circumstances, if your partner holds or held a permanent humanitarian visa and the relationship existed and was declared before that visa was granted, or if your relationship is registered with an Australian state or territory authority.

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If you currently hold a visa with a condition that prevents further stay, such as condition 8503, you may need a waiver approved before you can apply.

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If you're not sure how long your relationship needs to last before you apply, see our guide on how long you must be in a relationship for a partner visa.

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Sponsor Requirements

Your sponsor must:

• Be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

• Be approved by the Department before your visa can be granted

• Remain the same sponsor for two years after your temporary Partner visa (820) is granted — you cannot change sponsors during this period

• Lodge a sponsorship application through ImmiAccount, either using your Transaction Reference Number (TRN) or through their own account

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If you don't hold a substantive visa when you apply, your sponsor's application must include evidence of their status — a passport or birth certificate, not a driver's licence or Medicare card — along with statutory declarations confirming your relationship.

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Sponsors are also assessed against their own eligibility and character requirements before approval. For the full picture of what the Department looks at when assessing a sponsor, see our guide on partner visa sponsor character requirements.

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How Does the Department Assess Your Relationship?

The Department needs to be satisfied that your relationship is genuine and continuing, both when you apply and when your application is decided. This isn't a formality — it's the core test behind every partner visa decision.

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If you're married, you must be in a genuine married relationship. Forced marriage — where a person is tricked, threatened, or pressured into marrying, or is incapable of understanding the nature of the marriage — is a crime in Australia and does not satisfy this requirement. Support is available through the Attorney-General's Department if this affects you or someone you know.

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If you're a de facto partner, the same genuine relationship standard applies, alongside the 12-month and registration conditions outlined above.

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In practice, the Department forms this view based on the evidence you provide about your life together — how you manage things financially, your living arrangements, how your relationship is recognised by the people around you, and your shared plans for the future. For a complete breakdown of what evidence to gather and how to present it, see our partner visa document checklist.

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Common Situations That Affect Eligibility

You don't hold a substantive visa. You may still be able to apply, but you'll need to demonstrate compelling reasons and meet additional criteria, unless you previously held a Prospective Marriage (Subclass 300) visa.

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You hold certain regional visas. If you hold or last held a Skilled – Independent Regional (Provisional) visa, Subclass 475, Subclass 487, or a Skilled Regional Sponsored (Provisional) visa, you must have held it for at least two years before applying. For Subclass 491 or 494 holders, the requirement is at least three years.

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Your relationship ends, or your partner dies. You may still be eligible for the temporary and permanent Partner visa in these circumstances, including if you held a Prospective Marriage visa. All information you provide is treated confidentially. See our guide on your options after a relationship breakdown.

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You're experiencing domestic or family violence. You may still be eligible for the temporary and permanent Partner visa under the Family Violence Provisions, even if your relationship has ended.

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You're recently married. No minimum relationship duration applies once you're married, though you'll still need solid evidence of a genuine relationship. See applying before or after marriage.

 

You're in a long-distance relationship. The Department still needs to be satisfied your relationship is genuine and continuing despite the distance. See our guide on long-distance partner visa applications.

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You're not married — de facto relationship. You don't need to be married to apply. De facto partners, including same-sex couples, are eligible under the same genuine relationship standard. See does marriage really increase your partner visa chances.

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What Affects Whether Requirements Are Met

Outcomes depend on the overall strength and consistency of what you provide, and on whether both you and your sponsor satisfy every requirement above. Common issues that affect eligibility include:

• Evidence of a genuine relationship that is incomplete, inconsistent, or doesn't reflect a continuing relationship

• A sponsor who is not approved, or who does not meet their own eligibility requirements

• Health or character requirements not being met

• An application lodged without the required sponsorship documentation

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For a closer look at how evidence problems specifically affect outcomes, see our guide on partner visa evidence red flags and refusals. If your application has already been refused, see partner visa refused — what to do next.

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Frequently Asked Questions

Do you need to be married to apply for a partner visa in Australia?

No. De facto partners, including same-sex couples, are eligible. You must have been in a de facto relationship for at least 12 months immediately before applying, unless your relationship is registered under state or territory law, or another exception applies.

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How long do you need to be in a de facto relationship before applying?

Usually at least 12 months immediately before you apply. This requirement doesn't apply if you can show compelling and compassionate circumstances, if your relationship is registered under Australian state or territory law, or in certain humanitarian visa circumstances.

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Do both the applicant and sponsor need to meet requirements?

Yes. The applicant and sponsor are assessed against separate requirements, and the sponsor must be approved by the Department before the visa can be granted.

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Can I change my sponsor after I apply?

No. The person who sponsors you when you apply must remain your sponsor for two years after your temporary Partner visa (820) is granted.

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What happens if my relationship ends or my sponsor dies after I apply?

You may still be eligible for the temporary and permanent Partner visa in these circumstances. All information you provide is kept confidential.

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Do I need to hold a substantive visa to apply onshore?

Generally yes. If you don't, you'll need to demonstrate compelling reasons for the visa to be granted, unless you previously held a Prospective Marriage (Subclass 300) visa.

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What if my current visa doesn't allow further stay?

If your visa has a condition like 8503 that prevents further stay, you'll generally need that condition waived before you can apply onshore.

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Related Guides

• Partner Visa Australia — Complete Guide

• Partner Visa Sponsor Character Requirements

• Partner Visa Document Checklist

• Partner Visa Cost

• Partner Visa Processing Time