Partner Visa with an Australian Sponsor
Where the sponsoring partner is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, the applicable pathway is the Subclass 820/801 onshore partner visa or the Subclass 309/100 offshore partner visa. Both pathways lead to permanent residence and ultimately to Australian citizenship. The sponsor plays a central role in the application. Sponsor eligibility, obligations, and character are assessed separately to the applicant and can determine the outcome of the partner visa.
Who counts as an eligible sponsor
Sponsor eligibility is a threshold question. Where the sponsor is not eligible, the partner visa cannot be granted, regardless of the strength of the relationship. Three categories of sponsor are recognised.
Australian citizen
Australian citizens by birth, descent, conferral, or resumption are eligible sponsors subject to sponsor limits and character requirements. Dual citizens holding Australian citizenship are treated as Australian citizens for sponsorship purposes.
Australian permanent resident
Holders of Australian permanent residence visas such as the Subclass 189, 190, 186, 100, 801, or 858, along with other permanent visa subclasses, are eligible sponsors. The sponsor must generally be usually resident in Australia.
Eligible New Zealand citizen
A narrowly defined category covering New Zealand citizens who were in Australia on 26 February 2001, who were in Australia for at least 12 months in the two years immediately before that date, or who have been assessed as an eligible New Zealand citizen by Centrelink. New Zealand citizens in Australia on a Subclass 444 Special Category Visa who do not meet this definition are not eligible sponsors for the Subclass 820/801 or 309/100. In those cases, the Subclass 461 New Zealand Citizen Family Relationship Visa applies.
Sponsor limits and waiting periods
Sponsor limits exist to prevent repeated sponsorship of partners. The general rule is that a sponsor can only sponsor two partners in a lifetime, and must wait five years between sponsorships. The limits apply regardless of whether the previous sponsorship resulted in a granted visa or not.
Limited exceptions can be sought where the previous sponsored partner has died, where the previous relationship broke down due to family violence, or where other compelling and compassionate circumstances can be established. Exceptions are assessed case by case on documentary evidence.
Sponsor obligations
Sponsorship of a partner visa is a binding legal undertaking. The sponsor agrees to support the applicant financially and to provide accommodation for a period of up to two years after grant of the temporary partner visa. The sponsor also agrees to provide true and correct information to the Department of Home Affairs at every stage, to notify the Department of changes in circumstances, and to consent to police checks and character assessment.
Breach of sponsorship obligations can affect current and future sponsorship rights. In serious cases, providing false or misleading information can result in criminal prosecution under the Migration Act. Sponsors should understand what they are undertaking before any application is lodged.
Sponsor character and criminal history
The Department of Home Affairs assesses sponsor character as a standalone matter. Sponsors with certain types of criminal convictions, particularly convictions for offences against women or children, may be refused as sponsors. Where the sponsor has a relevant conviction but is not refused, the Department requires disclosure of the criminal history to the visa applicant before the partner visa is granted. This protective provision applies regardless of the strength of the relationship.
Sponsors with any criminal history should obtain legal advice before lodgement. Framing the disclosure correctly, identifying which convictions are relevant, and understanding which protective provisions apply all require legal input. Self-lodged applications involving sponsor character issues have a higher refusal rate.
Onshore or offshore: choosing the right stream
The onshore and offshore streams lead to the same permanent residence outcome, and the application fee is identical. Where the applicant is already in Australia on a substantive visa without a no-further-stay condition, onshore (Subclass 820/801) is typically the natural pathway. Where the applicant is outside Australia, offshore (Subclass 309/100) is the only option, unless the couple marries first and the applicant travels to Australia on a visa that permits onshore partner visa lodgement.
Where a choice exists, the strategic factors include: bridging visa work and Medicare access during processing (onshore), travel flexibility during processing (stronger offshore, weaker onshore without a Bridging Visa B), family circumstances, and the timing of the permanent stage. Each case is different. Legal advice should be obtained before the choice is made.
Relationship types
Australian migration law recognises married and de facto relationships on equal terms, without regard to gender. The relationship-type pages cover the specific evidence and threshold issues for each category.
Married Couple Partner Visa
Evidence standards for married couples
De Facto Partner Visa
12-month rule, registration, and exceptions
Same-Sex Partner Visa
Equal treatment under Australian law
LGBTQ Partner Visa
Country-of-origin and sensitivity considerations
Partner Visa Sponsor Guide
For Australians sponsoring a partner: obligations, limits, and strategy
Subclass-specific detail
The onshore and offshore partner visa subclasses each have dedicated pages with technical detail on eligibility, processing, and evidence.
Strategic advice for sponsoring partners
Sponsor-side issues cause a substantial proportion of partner visa refusals. Sponsor limits, character history, obligations, and choice of stream all require deliberate handling. Visa Plan Lawyers advises Australian sponsors through every step of the partner visa, from initial eligibility through to grant of the permanent visa.