The partner visa is one of the most applied-for and most refused visa categories in Australia. In my 27 years practising immigration law, I have seen more partner visa applications than I can count — and I have seen the full range of outcomes, from straightforward grants to complex refusals and successful ART appeals. This guide explains the partner visa process in 2026, what the Department is looking for, and how to give your application the best possible chance.
Subclass 820/801 vs 309/100 — Which One Applies to You?
There are two partner visa pathways, depending on where you are when you apply:
- Onshore pathway: Subclass 820 (temporary) → Subclass 801 (permanent). Apply while in Australia.
- Offshore pathway: Subclass 309 (temporary) → Subclass 100 (permanent). Apply while outside Australia.
Both pathways follow the same two-stage process: you are first granted a temporary visa, and then — after approximately two years — assessed for the permanent visa. If you are in Australia when you apply for the 820, you can remain in Australia on a Bridging visa while the application is processed.
Eligibility
To be eligible for a partner visa, you must be in a genuine relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. The relationship can be either a married relationship or a de facto relationship.
For a de facto relationship, you must have been living together for at least 12 months before the application is lodged, unless you are registered as a couple under a state or territory law. The 12-month requirement is strictly applied.
The Four Categories of Evidence
The Department assesses partner visa applications across four categories: financial aspects, nature of the household, social aspects, and commitment to each other. You must provide evidence across all four — not just one or two.
The most common reason for partner visa refusal is insufficient evidence across one or more of these categories. The evidence must be substantial, well-organised, and credible.
Processing Times in 2026
Partner visa processing times are significant. The Subclass 820 takes approximately 16 months for 50% of applications and 36 months for 90% of applications. The permanent visa (801) is generally assessed approximately two years after the temporary visa application date.
Common Refusal Reasons
The most common reasons for partner visa refusal are: insufficient evidence of a genuine relationship, failure to meet the 12-month de facto requirement, inconsistent information between the sponsor and applicant, character issues, failure to meet health requirements, and sponsor bars.
How I Can Help
Partner visa applications are complex, and the consequences of a refusal are serious. In my 27 years practising immigration law, I have helped hundreds of couples navigate the partner visa process. Book a consultation to discuss your application.