Applying for a Partner Visa: Marriage, De Facto, and What You Need to Know

Introduction: Understanding What It Means to Apply for a Partner Visa

Applying for a partner visa is one of the most personal, emotional, and significant pathways in Australian migration law. Whether you’re married or in a committed de facto relationship, the partner visa allows you to stay with your loved one in Australia while building a future together.

But applying isn’t always straightforward. Do you need to be married? Can you apply while you're already on a visitor or student visa? What if your visa has a Condition 8503 attached? What if your de facto relationship isn’t registered?

This article is your compassionate, expert guide to understanding what it really means to apply for a partner visa—covering key eligibility criteria, relationship types, registration requirements, and common questions applicants face.

What Is a Partner Visa?

A partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia.

There are two primary application pathways:

Onshore Partner Visa: Subclass 820 (temporary) + 801 (permanent)

Offshore Partner Visa: Subclass 309 (temporary) + 100 (permanent)

These are combined applications, where you apply once and are assessed in two stages. The first stage grants temporary residency, and the second grants permanent residency, usually around two years after applying.

Do I Need to Be Married to Apply for a Partner Visa?

No, marriage is not required. You can apply as either:

A spouse (legally married), or

A de facto partner (in a committed, exclusive relationship, not married)

Both paths are equally valid under Australian migration law, provided the relationship is genuine and continuing.

Can You Apply as a De Facto Couple?

Yes. Many couples apply under the de facto category. However, there are specific requirements:

De Facto Eligibility Criteria:

You must have been in a de facto relationship for at least 12 months before applying, or

Be in a registered relationship with your partner (see below)

Evidence You’ll Need:

Proof of living together (shared bills, lease agreements)

Joint financial commitments

Social evidence (photos, declarations, messages)

Future plans as a couple (wills, travel, children)

What If We’re Not Married and Haven’t Lived Together for 12 Months?

If you haven’t yet met the 12-month de facto requirement, there’s still a way forward.

Option 1: Register Your Relationship

Some Australian states allow you to register your de facto relationship, which legally recognises the relationship and waives the 12-month rule.

States and Territories That Offer Registration:

New South Wales

Victoria

Queensland

Australian Capital Territory

Tasmania

Note: Western Australia and Northern Territory do not offer relationship registration.

Option 2: Get Married

You don’t need to be married before applying. You can apply as fiancés (using a Prospective Marriage Visa, subclass 300) and get married in Australia before progressing to a partner visa.

Alternatively, you can apply as a married couple if you marry before lodging your partner visa.

Can We Get Married After Lodging the Visa?

Yes. If you applied as de facto partners and then get married after lodging your visa, you can notify the Department of Home Affairs with your marriage certificate. It does not negatively impact your application—in fact, it may help reinforce your relationship claim.

Can I Apply for a Partner Visa While on Another Visa?

Yes, you can lodge a partner visa while on another visa, as long as you meet visa eligibility requirements and are in Australia lawfully.

Common scenarios include applying while on:

Visitor visa
Student visa
Working Holiday visa
Temporary Skill Shortage visa (subclass 482)

This is referred to as an onshore application, and you’ll be applying for subclass 820/801.

Once your partner visa is lodged, you will typically receive a Bridging Visa A (BVA), which allows you to remain in Australia lawfully while your application is processed.

Important: Visa Condition 8503 – “No Further Stay”

What is Condition 8503?

If your current visa has Condition 8503 attached, it means you cannot apply for another visa while in Australia, except under very limited circumstances.

This condition may appear on:

Visitor visas

Sponsored Family Visitor visas

Some temporary work visas

Can You Still Apply for a Partner Visa?

Only if you successfully apply for a waiver of Condition 8503 before your visa expires.

To waive the condition, you must show:

A significant change in circumstances outside your control since the visa was granted (e.g., unexpected marriage or family hardship)

Compassionate and compelling reasons to remain in Australia

Do not let your visa expire while considering this. Once expired, you may lose the ability to apply or remain lawfully in Australia.

Tip: Check your current visa grant notice carefully for 8503 or similar conditions (like 8534 or 8535), and seek legal advice immediately if one applies.

Quick FAQs About Applying for a Partner Visa

Do we have to live together to apply as de facto?

Generally, yes—for at least 12 months. However, registering your relationship may waive this requirement in certain states.

Can I apply while on a student or tourist visa?

Yes, but check for visa conditions like 8503. You must be in Australia lawfully and not restricted by your current visa.

Can we apply for a partner visa if we just got engaged?

Not under the partner visa—yet. You’ll need to apply for a Prospective Marriage Visa (subclass 300) first, then the partner visa after marriage.

Will we have an interview?

Not all applicants are interviewed. If your documents are strong and your case is consistent, you may not be called. However, the Department may request more information or conduct interviews if clarification is needed.

Final Thoughts: A Loving Commitment with Legal Complexity

Applying for a partner visa is more than just paperwork—it’s a legal commitment that reflects your relationship and future together. Whether you're married or in a de facto relationship, it's essential to understand the requirements, the process, and the potential hurdles (such as Condition 8503) before applying.

Every relationship is different—and so is every visa pathway. The more prepared and informed you are, the stronger your application will be.

If you're unsure whether you qualify or need assistance gathering the right documents, our team is here to help.

Remember:

This post is for general informational purposes only and is not a substitute for professional immigration advice. Given the uniqueness of every case, engaging with a registered migration agent is highly recommended for bespoke guidance and to navigate the specific details of your situation effectively. Book a visa consultation with a Registered Migration Agent