The Partner Visa pathway to Permanent Residency

Australia’s Partner Visa program plays a critical role in reuniting couples and supporting long-term relationships across borders. For individuals in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, the Partner Visa pathway to Permanent Residency offers a structured and accessible route to settle in Australia permanently.

In this article, we’ll explain how the Partner Visa works, what you need to be eligible to apply, how you progress to permanent residency, and what to expect beyond, such as applying for Australian citizenship. We’ll also cover important aspects like the travel facility limitation on permanent visas and when you may need to apply for a Resident Return Visa (RRV).

What is a Partner Visa?

A Partner Visa allows the spouse or de facto partner of an eligible sponsor to live in Australia. There are two main subclasses depending on your location when you apply:

• Subclass 820/801 (Onshore Partner Visa) – for applicants applying from within Australia.
• Subclass 309/100 (Offshore Partner Visa) – for applicants applying from outside Australia.

It’s important to note that a third visa, a subclass 300 Prospective Marriage visa, is the stepping stone to the 820 Onshore Partner visa. A 300 Prospective Marriage visa grant requires you to apply for an 820 Onshore Partner Visa after you get married to then one day be eligible to apply for Permanent Residency.

Partner Visa eligibility

To be eligible for a Partner Visa, you must:

• Be in a genuine and continuing relationship with your partner (married or de facto), and be able to provide evidence to demonstrate this.
• Be sponsored by your partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen.
• Meet health and character requirements.

Once your temporary Partner Visa is granted you can live, work, and study in Australia while you await processing of the permanent stage.

All Partner Visas provide a pathway to permanent residency

No matter which type of partner visa you apply for, the ultimate goal is to gain Permanent Residency status in Australia. 

The pathway typically looks like this:

Step 1: Temporary Partner Visa grant 

• Whether onshore or offshore, you first receive a temporary partner visa (subclass 300, 309, or 820).
• This grant allows you to live, work, and study in Australia while the Department of Home Affairs assesses your ongoing relationship.

Step 2: Permanent Residency application (Permanent Partner Visa)

• Whilst still holding a 309 or 820 Partner Visa grant, and residing in Australia, you will generally be eligible to apply for Permanent Residency after two years.
• Normally two years from the date of the initial 309 or 820 Partner Visa application, the Department of Home Affairs assesses your eligibility for the permanent partner visa (Permanent Residency), subclass 100 or 801, respectively.
• You must still be in a genuine, ongoing relationship, and be able to provide evidence of this to the Department of Home Affairs.

Step 3: Pathway to Australian Citizen

• After holding permanent residency for at least 12 months, and having lived in Australia for four years in total (with no more than 12 months outside Australia), you may be eligible to apply for Australian citizenship.
• You’ll need to meet residency, character, and language requirements.