If you apply for an Onshore Partner visa there are two main categories your application will fall under – a married application or de facto application. Ensuring that you meet the criteria for the application category you fall under will help you achieve a successful outcome.

Married application

You must be able to prove to the government that your marriage is legal. Same-sex, under-age, or polygamous marriages are not legal in Australia.

De facto application

You must be able to prove that your relationship is genuine and ongoing. Detailed information about the relationship criteria for this type of application is listed under relationship requirements.

Married relationship requirements:

• You and your partner must demonstrate that your relationship excludes all others and that you have a mutual commitment to each other
• You and your partner must live together on an ongoing basis, and any separation must only be temporary (e.g. a business trip or family visit abroad)
• Exceptions apply if your relationship ends and you have custodial rights over any children under 18, or if your partner passes away and you can prove your relationship would have continued and you have developed close ties to Australia

De facto relationship requirements:

• You and your partner must have been in a de facto relationship for at least 12 months prior to making the application
• The one-year relationship requirement may not apply if you can demonstrate compelling and compassionate circumstances, or if your partner has/had a permanent humanitarian visa and you were in a de facto relationship prior to the visa being granted and the department was informed
• You and your partner must have a genuine and continuing relationship and show a mutual commitment to a shared life together, to the exclusion of all others
• You and your partner must be living together on a permanent basis, or if not, any separation must be on a temporary basis only.

1. You will need to undergo a health examination for your initial visa, but if you have already undergone an examination, you may not need to do it again.

2. The health examination is a crucial step in ensuring that public spending on health and community services is reduced, and that the Australian community is protected from potential health risks and diseases.

3. Meeting the health requirements is typically a requirement for all visa applicants, as well as their dependents, regardless of whether they plan to migrate to Australia or not.

4. In some instances, if a medical condition or disease has been identified, a follow-up medical check may be necessary, and you may be required to sign a Health Undertaking to meet the health requirement.

1. Before entering Australia, it is mandatory for all visa applicants to meet the character requirements as outlined by the Department of Immigration. As part of the character assessment process, you will be required to furnish police clearance certificates for each country where you have resided for a period of 12 months or more in the last 10 years since turning 16 years old, to demonstrate your good character.

The information provided below only applies to the Partner (Temporary) visa (Subclass 820). If you have already been granted this visa, the Department of Home Affairs will issue a check-list when you are eligible to apply for the permanent visa.

Note: Original documents should only be supplied on request (penal clearance certificates must be original), and all foreign documents must be translated, preferably by an accredited translator.

Proving your identity

You must be able to prove your identity by providing a certified copy of your birth certificate. If you do not have one, you must provide certified copies of the identity pages of at least one of the following:

• passport
• family book showing both parents’ names
• ID documentation provided by the government
• document issued by the court that verifies your identity

Evidence supporting your relationship

You will be asked to provide evidence that you have met in person and that you plan to marry. Evidence may include photos, witness statements, letter from celebrant, and NOIM form.

Health and character clearance

You will be required to undergo a health examination, as well as provide original penal clearance certificates for countries you have lived in for 12 months or more in the last 10 years.

Document translation

The Department of Home Affairs only accepts documents that are translated into English. It is therefore your responsibility to ensure that documents are accurately translated.

Statuary declarations

Only certain people can witness a Commonwealth statuary declaration. If you cannot find a suitable person, all departmental offices outside Australia have facilities to witness statuary declarations, although you may be charged.

The application process involves several steps:

1. Gather all necessary documents and evidence to support your application, including proof of identity, relationship, health, and character clearance.

2. Complete and submit an online application form through the Department of Home Affairs website. You will need to provide personal and background information, as well as information about your partner and your relationship.

3. Pay the visa application fee, which may vary depending on the type of visa and the applicant's circumstances.

4. Wait for the Department of Home Affairs to process your application. This may take several months or longer, depending on the complexity of your case.

5. Attend any required interviews or provide additional information or documents as requested by the Department of Home Affairs.

6. If you are granted a temporary Partner visa (subclass 820), you will be able to live and work in Australia temporarily while your permanent visa application is being processed.

7. Once you have met the eligibility requirements for the permanent Partner visa (subclass 801), you will need to submit a separate application. The Department of Home Affairs will provide a checklist of required documents and evidence.

8. Wait for the Department of Home Affairs to process your permanent visa application. If approved, you will be granted permanent residency in Australia.

It is important to note that the application process and requirements may vary depending on individual circumstances, and it is recommended to seek professional advice and assistance from a registered migration agent or immigration lawyer.