The Two-Stage Partner Visa Framework
Australia's partner visa program operates on a two-stage framework. The first stage is a temporary visa – either a Subclass 820 (onshore) or Subclass 309 (offshore) – which grants the applicant the right to live and work in Australia while the permanent visa application is assessed. The second stage is the permanent visa – Subclass 801 (onshore) or Subclass 100 (offshore) – which is typically granted two years after the date the temporary visa application was lodged, provided the relationship is ongoing and genuine. Both stages are lodged as a single application and attract a single government fee, which is currently in excess of $9,000 and is non-refundable regardless of the outcome.
To be eligible, you must be in a genuine and continuing relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. The Department assesses four categories of evidence: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the commitment of both parties to each other. Evidence in each of these four categories should be submitted from the outset of the application, not gradually added as the process progresses.
Proving Relationship Genuineness
The Department of Home Affairs requires applicants to demonstrate that their relationship is genuine – not entered into for the sole or primary purpose of obtaining a visa. This is assessed holistically, but the volume and quality of documentary evidence matters enormously. Financial evidence includes joint bank accounts, jointly held assets, joint mortgages or leases, and shared financial responsibilities. Household evidence includes shared leases, utility accounts, and statutory declarations from people who know the couple and can attest to their shared living arrangements. Social evidence includes photographs together, evidence of joint travel, social media history, and witness statutory declarations from friends and family who have observed the relationship. Commitment evidence includes correspondence, communications records, evidence of knowledge of each other's families and backgrounds, and where relevant, evidence of steps taken toward a shared future.
Applications where couples have only recently commenced cohabitation, or where there are significant age gaps or other factors that might attract scrutiny, benefit particularly from thorough and well-organised documentation. A poorly organised application creates unnecessary doubt in the mind of the case officer. We strongly recommend preparing a detailed chronology of the relationship and tailoring the supporting evidence to that narrative.
Processing Times and Bridging Visas
Processing times for partner visas have historically been lengthy and remain unpredictable. As of early 2026, median processing times for onshore applications at the 75th percentile are in excess of 24 months, and complex cases can take considerably longer. For offshore applicants, the wait for the temporary Subclass 309 can similarly extend well beyond 12 months. Onshore applicants are typically granted a Bridging Visa A upon lodgement of their application, which allows them to remain lawfully in Australia and, in most cases, work without restriction while the application is processed.
It is critical that applicants do not allow their current substantive visa to expire before lodging their partner visa application, as the type of bridging visa available – and the conditions attached to it – depend on the timing of lodgement relative to substantive visa validity. If travel is required during the processing period, a Bridging Visa B should be obtained before departing Australia, as departing on a Bridging Visa A without a BVB will cause that visa to cease, potentially leaving you offshore without a valid visa to return on.
The Two-Year Wait and Relationship Breakdown
The two-year temporary visa period is not merely an administrative formality – the Department actively monitors whether the relationship remains genuine and ongoing. If the relationship breaks down during the temporary period, there are limited circumstances in which the permanent visa can still be granted: primarily where the Australian partner has died, or where the overseas partner has been subjected to domestic violence by the Australian partner during the relationship. The domestic violence provisions are broader than many people realise and do not require criminal convictions – a range of documentary evidence from competent persons is accepted – but the process requires careful navigation. We encourage anyone in this situation to seek legal advice promptly rather than allowing uncertainty to compound.
