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February 4, 2026

Australia Partner Visa Eligibility: Who Can Apply in 2026

A clear eligibility guide for Australian Partner visas — 820/801, 309/100, and the Prospective Marriage (300) pathway — including relationship, sponsor, location, health, and character requirements.

Adrian Clarke
Adrian Clarke
Partner Visa Guide Author

Partner Visa Eligibility: Who Can Apply in 2026

This article is general information only and does not constitute migration or legal advice; requirements can change and individual circumstances vary, so consider seeking advice from a registered migration agent or legal practitioner.

Last Updated: February 2026

Quick decision: which pathway fits your situation

Use this as a fast filter before you go deeper into eligibility:

  • In Australia with an eligible partner: usually Partner 820 (temporary) → 801 (permanent).
  • Outside Australia with an eligible partner: usually Partner 309 (provisional) → 100 (permanent).
  • Engaged (not married yet) and planning to marry in Australia: Prospective Marriage 300, then apply for 820/801 after marriage.

Core eligibility themes (apply across partner pathways)

These are the high-level requirements that show up in every partner visa pathway:

  • A genuine relationship with your sponsor (spouse or de facto partner; or an intention to marry for the 300 visa).
  • An eligible sponsor who is an Australian citizen, permanent resident, or eligible New Zealand citizen.
  • Sponsorship is required (your partner must formally sponsor you).
  • Health requirement: most visa applicants must meet minimum health standards.
  • Character requirement: applicants must meet character requirements and may need police certificates or other documents.

Subclass-specific eligibility snapshots

Partner visa (Temporary) 820 — onshore

You must:

  • Be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen.
  • Be sponsored by your partner.
  • Be in Australia when you apply (family who apply with you must also be in Australia).
  • Be in or outside Australia when the temporary visa is decided.

Partner visa (Permanent) 801 — onshore

You must:

  • Hold a temporary Partner visa (subclass 820) or a Dependent Child visa (subclass 445).
  • In most cases, continue in a genuine and ongoing relationship with your sponsor.

Partner visa (Provisional) 309 — offshore

You must:

  • Be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen.
  • Be sponsored by your partner.
  • Be outside Australia when you apply (family who apply with you must also be outside Australia).
  • Be in or outside Australia when the temporary visa is decided.

Partner visa (Permanent) 100 — offshore

You must:

  • Hold a temporary Partner visa (subclass 309) or a Dependent Child visa (subclass 445).
  • In most cases, continue in a genuine and ongoing relationship with your sponsor.

Prospective Marriage visa 300 — offshore

You must:

  • Be 18 or older.
  • Have a sponsor who is an Australian citizen, permanent resident, or eligible New Zealand citizen.
  • Intend to marry your prospective spouse before the visa period ends.
  • Have met your prospective spouse face-to-face as adults since turning 18, and be personally known to each other at the time of application.
  • Be outside Australia when you apply (family who apply with you must also be outside Australia).
  • Be in or outside Australia when the temporary visa is decided.

Health and character requirements (everyone should plan for these)

The Department of Home Affairs assesses health and character as part of most visa applications. Plan early for:

  • Health checks (medical examinations may be requested during processing).
  • Character checks (police certificates, forms, and declarations may be required).

Even if your relationship evidence is strong, failing health or character requirements can delay or prevent a visa grant, so treat these as core eligibility steps.

Common eligibility mistakes to avoid

  • Applying onshore when the subclass requires you to be outside Australia (or vice versa).
  • Not matching the relationship type to the correct visa pathway (e.g., trying to use 820/309 when you’re still engaged).
  • Missing the face-to-face meeting requirement for the Prospective Marriage visa.
  • Assuming the permanent stage is automatic without maintaining a genuine, ongoing relationship.

Quick self-check before you proceed

  • Are you applying onshore (820/801) or offshore (309/100)?
  • Are you married, de facto, or engaged?
  • Is your sponsor an Australian citizen, PR, or eligible NZ citizen?
  • Are you in the correct location when you apply?
  • Have you planned for health and character checks?

Final note

Eligibility is only the first step. A successful application depends on clear evidence across the four relationship pillars and a consistent timeline. If you are unsure about your pathway or eligibility details, check the official visa pages and consider professional advice.

This guide is general information only and does not replace professional migration advice.

Explore more

Keep building your application with our guides and official resources.

Adrian Clarke
Adrian Clarke
Partner Visa Guide Author

A practical storyteller focused on clear guidance, evidence quality, and helping partners prepare strong visa applications.