Partner migration is not simply a matter of proving that a couple is married or living together. The legal framework looks at the relationship as a whole, the applicant’s immigration history, sponsorship requirements and any issues that arise before a decision is made.
Common partner visa pathways
Onshore Partner visa
For eligible spouses and de facto partners applying in Australia. The temporary and permanent stages are linked, but different questions can arise at each stage.
Offshore Partner visa
For eligible spouses and de facto partners applying from outside Australia. The application usually involves both a provisional and permanent stage.
Prospective Marriage visa
A temporary pathway for an eligible fiancé(e) who intends to marry in Australia and then apply for a Partner visa before the subclass 300 visa ends.
What usually matters in a Partner visa case
Relationship evidence is considered in context. Financial arrangements, the nature of the household, social recognition and the parties’ commitment are relevant, but they are not merely boxes to tick. The consistency of the overall history can be just as important.
- relationship chronology and evidence strategy
- previous visa and immigration history
- sponsor eligibility and sponsorship history
- character or health issues
- children and family circumstances
- inconsistencies across forms, statements and earlier applications
When the relationship changes before a decision
A relationship breakdown does not always produce the same immigration outcome. Family violence provisions, the death of a sponsoring partner, shared parental responsibility for a child and other circumstances can materially change the analysis. Early advice is important before withdrawing an application, withdrawing sponsorship or making further statements to the Department.
Applicants without a substantive visa
Some onshore Partner visa applications involve Schedule 3 criteria because the applicant did not hold a substantive visa at the relevant time. A genuine relationship does not by itself resolve a Schedule 3 issue. The applicant’s immigration history and the circumstances relied on as compelling reasons require separate analysis.
Detailed visa guides
Explore the main visa subclasses and pathways in more detail. These guides explain the structure, common eligibility questions and issues that often require closer analysis.
Partner Visa (Subclass 820/801)
The onshore Partner visa pathway for eligible spouses and de facto partners applying in Australia.
Partner Visa (Subclass 309/100)
The offshore Partner visa pathway for eligible spouses and de facto partners.
Prospective Marriage Visa (Subclass 300)
A temporary fiancé(e) pathway for eligible applicants who intend to marry in Australia.