The Australian Partner Visa Program allows Australian citizens, permanent residents, and eligible New Zealand citizens to sponsor their spouse or de facto partner for permanent residency.

Choosing the correct visa subclass depends strictly on two Contextual Vectors:

1. Location: Are you currently inside or outside Australia?
2. Relationship Status: Are you married, in a de facto relationship, or engaged?

Select Your Visa Pathway

To avoid visa refusal or invalid applications, you must apply for the subclass that matches your current circumstances.

1. For Engaged Couples (Offshore)

Pathway: Prospective Marriage Visa (Subclass 300)

• Who is this for? Applicants who are currently outside Australia and intend to marry their sponsor within 9 months of arrival.
• Key Distinction: You do not need to live together (cohabitation) prior to applying. This is the only pathway designed for couples who have not yet established a de facto household.

2. For Married or De Facto Couples (Offshore)

Pathway: Offshore Partner Visa (Subclass 309/100)

• Who is this for? Applicants who are currently outside Australia and are already married or in a committed de facto relationship (living together for 12+ months).
• Key Distinction: You must wait for the visa grant while overseas (unless you hold a valid Visitor Visa).

3. For Married or De Facto Couples (Onshore)

Pathway: Onshore Partner Visa (Subclass 820/801)

• Who is this for? Applicants who are currently inside Australia on a substantive visa (e.g., Student or Visitor visa) without a “No Further Stay” (Condition 8503).
• Key Distinction: Lodging this application generally grants you a Bridging Visa A (BVA), allowing you to remain in Australia with work rights and Medicare access during processing.

Universal Sponsorship Limitations

Regardless of which subclass you choose, the sponsor must meet the limitation criteria set by the Migration Act 1958.

A sponsor may be ineligible if they have:

1. Sponsored another partner previously (Lifetime Limit: maximum 2 sponsorships).
2. Sponsored another partner within the last 5 years.
3. Been sponsored themselves as a partner within the last 5 years.

Note: Waivers for these limitations are only granted in “compelling and compassionate circumstances,” such as the death of a previous partner or relationships involving dependent children.

Definitions of Relationship Types

The Department of Home Affairs assesses relationships against specific legislative definitions.

• De Facto Relationship: You are not legally married, but you live together on a genuine domestic basis. You are not related by family. (Requirement: Generally 12 months of cohabitation, unless the relationship is registered).
• Spousal Relationship: You are legally married under the Marriage Act 1961 (Australia) or a foreign marriage that is recognised under Australian law.

Why Professional Assessment is Critical

Partner visas have some of the highest refusal rates due to insufficient evidence of “Genuine and Continuing” relationships. A simple mistake—such as applying for an Onshore 820 visa while holding a visa with Condition 8503—can lead to an invalid application and loss of fees.

At Migration Door Australia, we do not just file forms. We build a comprehensive evidence portfolio covering the four pillars: Financial, Social, Household, and Commitment.

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