Australia's partner visa pathway provides a route to permanent residence for spouses and de facto partners (including same-sex partners) of Australian citizens, permanent residents, and eligible New Zealand citizens. The pathway follows a two-stage model — a provisional (temporary) stage followed by a permanent stage — with the permanent visa generally not granted until at least two years after the initial application.

There are two pathways depending on where the applicant is located when they apply: the offshore pathway (subclasses 309 and 100) for applicants outside Australia, and the onshore pathway (subclasses 820 and 801) for applicants already in Australia.

• Migration Regulations 1994, Schedule 2 — Subclasses 309, 100, 820, and 801
• DHA: Partner visa (offshore) page — immi.homeaffairs.gov.au/partner-offshore
• DHA: Partner visa (onshore) page — immi.homeaffairs.gov.au/partner-onshore
• Migration Act 1958, s 5F — defines "de facto partner" for migration purposes

The offshore pathway (309 and 100)

The offshore pathway is for applicants who are outside Australia at the time of application. The application for the subclass 309 and 100 is lodged as a single combined application:

1. Subclass 309 provisional visa: Granted first — this is a temporary visa that allows the applicant to live, work, and study in Australia while the relationship continues to be assessed. The subclass 309 is valid for the duration of the processing of the permanent component.
2. Subclass 100 permanent visa: Assessed after the two-year provisional period has passed and the couple continues to be in a genuine and continuing relationship. The subclass 100 is a permanent residence visa.

The onshore pathway (820 and 801)

The onshore pathway is for applicants who are in Australia at the time of application. It also operates as a combined application:

1. Subclass 820 provisional visa: Granted first — temporary visa allowing the applicant to remain in Australia while the permanent visa is being processed. The holder may work and study without restriction.
2. Subclass 801 permanent visa: Assessed after the two-year provisional period has passed. The couple must demonstrate the relationship is genuine and continuing.

The two-year provisional period

The minimum two-year period runs from the date the combined application was lodged, not from the date the provisional visa was granted or the date of arrival in Australia. After two years from the application date, the applicant is eligible for consideration of the permanent component — subject to the relationship remaining genuine, current, and ongoing.

Exemptions from the two-year wait: Applicants who have been in their relationship for more than three years at the time of application (or two years if they have a dependent child together) may be eligible to receive the permanent visa directly, without the provisional stage. Practitioners should check the current criteria on the DHA partner visa pages.

During the provisional period

While on the provisional visa (309 or 820), the applicant:

• Can live, work, and study in Australia without restriction
• Can travel in and out of Australia
• Must maintain their genuine relationship with the sponsoring partner
• Must notify DHA of any changes in circumstances (including relationship breakdown)

Schedule 3 — Onshore applicants with unlawful status

Applicants who apply onshore (820) but have been unlawful in Australia (overstayers, etc.) may need to meet the additional Schedule 3 criteria. These criteria require that special circumstances exist to justify the grant of the onshore application despite the unlawful status.

Partner visa processing times have historically been among the longest in the Australian migration system. Applicants should check the current processing times on the DHA processing times page before applying — wait times for the permanent component have sometimes exceeded 5 years for certain caseloads.

The relationship must be assessed as genuine at multiple stages: at initial application, at the provisional visa grant stage, and when the permanent visa is considered. Evidence of the genuine relationship — communications, joint financial commitments, travel together, witness statements, photographs — should be maintained throughout the provisional period and submitted when the permanent visa is being assessed.

If the sponsoring Australian citizen or PR dies during the provisional period, special provisions may allow the applicant to continue their permanent residence application in certain circumstances. Legal advice should be sought in this situation.