Spousal and De Facto Visa Applications in Australia: A Complete Guide

Priya, an Indian national, has been living in Australia on a student visa and has been in a relationship with her Australian partner, James, for two years. They share a rented flat in Melbourne, have joint bank accounts, and have met each other's families. As Priya's student visa is about to expire, she and James want to formalise her status so she can remain in Australia and eventually obtain permanent residency. They are unsure whether to apply onshore or offshore, what documents to gather, and how long the process will take. Without the correct visa in place before her current visa expires, Priya risks becoming unlawful, losing work rights, and facing re-entry bans.

This situation is far more common than many people realise. Partner visa applications are among the most document-intensive and emotionally loaded visa types in the Australian immigration system. Getting the fundamentals right from the start is essential.

The Australian Department of Home Affairs assesses partner visa applications under the Migration Act 1958 and the Migration Regulations 1994. The fundamental eligibility criteria fall into several categories:

Relationship type: The sponsoring partner must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. The applicant must be either married to or in a de facto relationship with the sponsor.

Genuine relationship: This is the central question in almost every application. Home Affairs officers assess whether the relationship is genuine and ongoing at the time of application and at the time of decision. The assessment draws on four evidence categories:

1. 1.Financial aspects – joint accounts, shared expenses, co-signed loans, shared property
2. 2.Household – shared accommodation, joint utility accounts, responsibility for children
3. 3.Social – recognition of the relationship by family and friends, joint travel, shared social activities
4. 4.Commitment – knowledge of each other's backgrounds, plans for the future, duration of the relationship

De facto couples must generally demonstrate that they have been living together in a genuine domestic relationship for at least 12 months immediately before lodging the application. There are exceptions: if the couple is registered under a state or territory relationship register, or if compelling and compassionate circumstances exist (for example, the couple has a child together).

Courts in Australia have grappled with what it means to be in a "de facto relationship" across many contexts. In Dakin v Floyd [2019] NSWSC 1220, the court examined the statutory definition of "de facto partner" for succession purposes, noting that the key question is whether the parties were living together as a couple on a genuine domestic basis — a standard that also informs immigration assessments. The case Amprimo v Wynn [2014] NSWSC 991 reinforced that the same relationship may be assessed quite differently depending on the legislative framework applied, which underlines why immigration-specific evidence is so important.

Health and character requirements: Both the applicant and any family members included in the application must meet health (medical examination) and character (police clearances) requirements.

The choice of pathway is not optional — it depends on where the applicant is physically located when they lodge the application.

A critical point: if Priya (from our scenario) is in Australia and lodges the subclass 820 application before her student visa expires, she will likely be bridged and can remain lawfully in Australia while her application is processed. If she leaves Australia without a Bridging Visa B, her bridging visa may cease and she may not be able to return until the full visa is granted.

Stage 1 — Confirm eligibility and gather evidence (allow 4–8 weeks)

Before lodging, both the applicant and sponsor should:

• Confirm the sponsor's eligibility (citizenship or permanent residency)
• Gather the four categories of relationship evidence (see above)
• Complete required medicals (eMedical via a panel physician — confirm current approved providers with Home Affairs)
• Obtain police clearances for every country where the applicant has lived for 12 months or more in the past 10 years
• Gather identity documents: passports, birth certificates, divorce decrees if previously married

Stage 2 — Sponsor approval

The Australian partner must be approved as a sponsor. This is now done as part of the same online application. Home Affairs assesses whether the sponsor has any adverse history (such as domestic violence convictions) that would disqualify them.

Stage 3 — Lodge the application online

Partner visa applications are lodged through ImmiAccount on the Home Affairs website. At lodgement:

• Pay the visa application charge (VAC). As at mid-2025, the base VAC for a partner visa is approximately AUD $8,850 for the primary applicant (confirm current fees on the Home Affairs website, as fees are indexed annually)
• Upload all supporting documents
• If applying onshore, a Bridging Visa A will usually be granted automatically

Stage 4 — Temporary visa assessment (Subclass 820 or 309)

Home Affairs may request further information at this stage. Respond promptly — typically you will have 28 days to provide additional documents. Failure to respond can result in a decision being made on the information available.

The officer may contact the sponsor or other witnesses. Some applications are assessed without interview; others may involve a formal interview at a Home Affairs office or Australian embassy (for offshore applicants).

Stage 5 — Two-year assessment for permanent visa (Subclass 801 or 100)

If the relationship is less than three years old (or less than two years if there is a dependent child) at the time the temporary visa is granted, the applicant must wait approximately two years before the permanent visa is assessed. Home Affairs will usually contact the applicant near the two-year mark and request updated evidence that the relationship is still genuine and ongoing.

If the relationship has ended due to family violence or the death of the sponsor, specific provisions allow the permanent visa to still be granted in some circumstances — confirm this with a registered migration agent or solicitor.

Stage 6 — Permanent visa granted (Subclass 801 or 100)

Once the permanent visa is granted, the holder can live, work, and study in Australia indefinitely and may apply for citizenship after meeting the residence requirement.

• Visa application charge: ~AUD $8,850 (primary applicant, 2025 — confirm with Home Affairs)
• Medical examinations: ~AUD $300–500 per person (confirm with panel physician)
• Police clearances: variable by country
• Migration agent fees (if used): highly variable — confirm with individual agents registered with the Office of the Migration Agents Registration Authority (OMARA)

Mistake 1 — Submitting too little evidence. Many applicants submit one or two bank statements and think that is sufficient. Home Affairs expects evidence across all four categories. Thin applications invite requests for more information and delay processing significantly.

Mistake 2 — Inconsistent statements. If the sponsor's statement says the couple moved in together in January 2023 but lease documents show February 2024, officers notice. Every document and statement must be consistent.

Mistake 3 — Not disclosing previous relationships. Both the applicant and sponsor must disclose prior marriages and de facto relationships. Failure to disclose can amount to a character or fraud issue.

Mistake 4 — Leaving Australia without a Bridging Visa B. An onshore applicant who departs Australia without first obtaining a Bridging Visa B risks their bridging visa ceasing, with no guarantee of re-entry.

Mistake 5 — Assuming a registered relationship replaces all evidence. A state-registered relationship satisfies the 12-month cohabitation requirement, but Home Affairs still expects evidence that the relationship is genuine and ongoing. Courts have consistently required a holistic assessment — as seen in Matheson v Wallis [2001] NSWSC 931, where the court looked at the full picture of parties' lives together, not just formal markers of a relationship.

Mistake 6 — Relying entirely on a statutory declaration. A statutory declaration from the sponsor or a friend is useful but is not, by itself, sufficient evidence of a genuine relationship. In Sun v Chapman [2022] NSWCA 132, the court examined the weight of a statutory declaration made in support of a visa application in the broader context of all the evidence about the relationship — illustrating that supporting declarations carry more weight when corroborated by objective documentary evidence.

The cases below are from Australian state courts rather than the immigration tribunal, but they illuminate how courts and decision-makers think about de facto relationships more broadly — analysis that reflects similar reasoning used in immigration contexts.

In Dakin v Floyd [2019] NSWSC 1220, the court examined whether a claimed de facto relationship existed, applying the statutory definition of "de facto partner" and weighing up all circumstances of the parties' domestic lives. The case shows that assertions of a relationship without corroborating evidence of shared domestic life carry limited weight.

In Hart v McMinn [2023] NSWSC 1218, the court considered whether a relationship that was intermittent and partly long-distance over many years could qualify as a genuine de facto relationship. The judgment illustrates that commitment, communication, and evidence of shared life — even across distance — are relevant factors, a point that matters for couples who have spent periods apart during immigration processing.

In Amprimo v Wynn [2014] NSWSC 991, the court noted the extensive body of case law analysing de facto relationships and confirmed that the same factual relationship may attract different legal treatment depending on which legislative framework applies. For immigration applicants, this reinforces the importance of tailoring evidence to the specific visa criteria rather than assuming that evidence used in one context (such as a tenancy agreement) automatically satisfies another.

Before submitting a partner visa application, work through the following:

• [ ] Confirmed sponsor's Australian citizenship/permanent residency status
• [ ] Relationship has lasted at least 12 months (de facto) OR you are legally married OR registered relationship held
• [ ] Evidence gathered across all four categories: financial, household, social, commitment
• [ ] Joint statements from applicant and sponsor drafted — consistent and detailed
• [ ] At least two statutory declarations from people who know the couple
• [ ] Medical examinations booked and completed (eMedical)
• [ ] Police clearances obtained for all required countries
• [ ] All passports, birth certificates, and prior divorce/relationship documents ready
• [ ] Application fee funds confirmed (check current fee on Home Affairs website)
• [ ] Onshore applicants: confirmed current visa is valid at time of lodgement OR sought advice about unlawful status
• [ ] Onshore applicants: noted that departing Australia requires a Bridging Visa B
• [ ] Considered engaging a registered migration agent (OMARA registered) or solicitor for complex situations

For a personalised assessment of your specific situation, ROY's free AI matter analysis can help you identify your key issues and what evidence to prioritise before you speak with a registered migration agent or solicitor — remember, this article provides general legal information only and is not a substitute for professional legal advice tailored to your circumstances.