Most partner visa advice stops at “gather your evidence.” The applications that fail rarely fail on evidence — they fail on the partner visa requirements nobody mentions until they have already caused a problem.
Every year we review partner visa files that have been refused, invalidated or stalled. The relationships are usually genuine. What went wrong was structural: a sponsor who could not lawfully sponsor, a Schedule 3 issue nobody addressed, a validity bar that made the application a nullity, or a disclosure that triggered a three-year exclusion.
This article sets out the eight partner visa requirements that most often decide the outcome — for both the onshore Subclass 820/801 pathway and the offshore Subclass 309/100 pathway.
Partner visa sponsor requirements: your sponsor is assessed too
Sponsorship is not an administrative formality. It is a legal undertaking, and the sponsor is assessed separately from the applicant.
The limits catch people out. A person can generally sponsor only two partner or prospective marriage applicants in a lifetime, and there must generally be five years between sponsorships — including five years between having been sponsored yourself and sponsoring someone else. A waiver is available in compelling circumstances, but it has to be argued on evidence, not assumed.
Sponsors also provide police checks. Where a sponsor has convictions for relevant offences, that information can be disclosed to the visa applicant. If your sponsor has a criminal history, deal with it before lodgement rather than discovering it mid-process.
Schedule 3: what happens when there is no substantive visa
If an onshore applicant does not hold a substantive visa at the time of lodgement, Schedule 3 criteria are engaged. These are additional requirements aimed at people who have become unlawful or are holding only a bridging visa.
For the Subclass 820, those criteria can be waived — but only where there are compelling reasons not to apply them. This is where files are won and lost.
| THE DISTINCTION THAT MATTERS Compelling reasons are not the same as sympathetic ones. Hardship to an Australian citizen partner, the interests of Australian children, medical circumstances and the practical impossibility of returning offshore can all form part of the case — but they must be identified, evidenced and put in a written submission. A delegate is not obliged to go looking for a waiver argument you did not make. |
Section 48 and the difference between refused and invalid
Section 48 of the Migration Act 1958 bars most further onshore applications where a person has had a visa refused or cancelled and does not hold a substantive visa.
The partner visa is one of the prescribed exceptions to that bar — but the exception is conditional. Where the applicant has previously been refused a partner-type visa since last entering Australia, the exception can close at the validity stage.
The distinction matters more than it sounds. A refused application has been considered and decided, and it can generally be reviewed. An invalid application was never legally made. There is nothing to review, and the application charge is not returned. This is one of the most expensive partner visa requirements to get wrong.
The two-year wait — and the exception that removes it
The permanent stage of an onshore partner visa is generally assessed around two years after the Subclass 820 was lodged — not two years after it was granted. Many applicants misunderstand this and plan around the wrong date.
There is an exception. Where the relationship qualifies as a long-term partner relationship — broadly, three years, or two years where there is a dependent child of the relationship — the permanent stage can be decided without the usual wait.
If it applies to you, it should be claimed and evidenced at lodgement. It is not applied automatically.
If the relationship ends: the family violence provisions
Where a partner relationship ceases after the temporary visa has been granted, the permanent stage can still be granted if the applicant has experienced family violence committed by the sponsor.
The evidentiary pathways are strict and technical, and they divide broadly into judicially determined claims and non-judicially determined claims. Each has its own requirements as to form and content.
| BEFORE YOU WITHDRAW If your relationship has ended, do not withdraw the application and do not assume it is over. Withdrawal can foreclose a pathway that remains available. Obtain advice first. |
PIC 4020: one wrong answer is not a small thing
Public Interest Criterion 4020 allows refusal where false or misleading information, or a bogus document, has been given to the Department. It is among the harshest partner visa requirements because the consequences outlast the application.
- A three-year exclusion period generally follows a PIC 4020 refusal.
- Where identity is in issue, the exclusion is ten years.
- Waiver requires compelling circumstances affecting Australian interests, or compassionate circumstances affecting an Australian citizen or permanent resident.
PIC 4020 is not limited to the applicant. Information provided by the sponsor is caught as well. Prior visa histories, undisclosed marriages and inconsistent employment claims are common triggers.
Health and character: partner visas have a health waiver
Partner visas sit under Public Interest Criterion 4007, which means the health requirement can be waived where the costs or prejudice to access for Australians would not be undue.
This is a significant advantage. PIC 4005 subclasses have no waiver at all. Knowing which criterion applies changes the entire strategy of a file where a condition has been identified in the medical examination.
A health waiver request is a submission, not a form. It is built on evidence of cost mitigation, family and community support, the sponsor’s capacity and circumstances, and the applicant’s contribution.
Bridging visas: do not book the flight yet
- A Bridging Visa A has no travel facility. Leaving Australia on one ends it, and you cannot return on it.
- A Bridging Visa B must be granted before departure and permits travel for a set period only.
- Condition 8503 — the “no further stay” condition — must be waived before an onshore partner application can be made. Waiver requests turn on compelling and compassionate circumstances that developed after the visa was granted.
What a partner visa costs in 2026
From 1 July 2026, the base application charge for a partner visa — Subclass 820/801 onshore, or Subclass 309/100 offshore — is AUD $11,710, up from $9,365. Additional applicant charges, health examinations, police clearances and NAATI translations sit on top of that figure.
A refusal does not return the charge. Charges are indexed on 1 July each year, so confirm the current figure with the Department’s pricing tool before you lodge.
Frequently asked questions about partner visa requirements
What are the main partner visa requirements in Australia?
You must be the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen; the relationship must be genuine and continuing with a mutual commitment to a shared life to the exclusion of all others; you must not be related by family; and you must meet health, character and public interest criteria. De facto applicants must generally show twelve months of the relationship before lodgement unless the relationship is registered under state or territory law.
Can I apply for a partner visa if my visa has expired?
You may be able to, but Schedule 3 criteria will apply and a waiver will be needed for the Subclass 820. A prior refusal may also engage section 48 and affect the validity of your application. Obtain advice before lodging — an invalid application costs the full charge and cannot be reviewed.
How long does a partner visa take?
Processing times vary and are published monthly by the Department. The permanent stage is a separate assessment, generally around two years after the temporary application was lodged, unless the long-term relationship exception applies.
How much is a partner visa in 2026?
The base application charge from 1 July 2026 is AUD $11,710 for the combined temporary and permanent stages, plus additional applicant charges and third-party costs. Charges are indexed annually on 1 July.
What happens to my partner visa if we separate?
If the relationship has ended after grant of the temporary visa and family violence has been committed by the sponsor, the permanent visa may still be granted under the family violence provisions. Do not withdraw the application before obtaining advice.
Speak to a partner visa lawyer in Parramatta
Tolic Lawyers prepares partner visa applications with the written submissions that address sponsorship, Schedule 3, validity, waivers and evidence before the file reaches a delegate. We act in onshore and offshore matters and in refusals and reviews.
Call (02) 8077 2562 or book a consultation. Suite 19/103 George Street, Parramatta NSW 2150.
Written by Arnela Tolic, Principal Solicitor, Tolic Lawyers.
Disclaimer: This article is general information only and is current at the date of publication. It is not legal advice and must not be relied upon as legal advice. Migration law changes frequently and visa application charges are indexed on 1 July each year. Every matter turns on its own facts — obtain advice specific to your circumstances before acting.
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