Partner Visa (Subclass 820)

The Partner Visa (Subclass 820) is for the spouse or de facto partners of Australians or eligible New Zealand citizens. The relationship can be with partners of the same or opposite sex. 

Married applicants

Candidates can apply as married applicants if their marriage is valid under Australian law, and:

• The relationship is one of mutual commitment to the exclusion of all others
• The relationship is genuine and continuing
• The spouses either live together or do not live permanently apart
• The spouses aren’t family

De facto partners

Candidates must be in a de facto relationship to apply as a de facto partner. That means that:

• The candidate is not married to their partner
• The relationship is one of mutual commitment to the exclusion of all others
• The relationship is genuine and continuing
• The spouses either live together or do not live permanently apart
• The partners aren’t family

The Australian Department of Home Affairs usually requires a de facto relationship of at least 12 months immediately before applying for the Partner Visa.

The 12-month requirement won’t apply if all of the following are true:

• The candidate's partner holds or held a permanent humanitarian visa
• The de facto relationship existed before Australia granted the humanitarian visa
• The de facto partner informed Australia about the relationship before the Department of Home Affairs granted their visa 

The 12-month requirement also won’t apply if: 

• The de facto partner is an applicant for a permanent humanitarian visa, or
• The partners have registered their relationship with a relevant Australian authority