Spouse Visa Australia: The Partner Visa for Married Couples
Australia issues no visa called a spouse visa; a married couple applies for the partner visa, subclass 820/801 from inside Australia or subclass 309/100 from outside it, and pays the same charge as a de facto couple, from A$11,710 for most onshore applicants as at 23 September 2026.
Being married takes the place of the 12-month de facto relationship requirement that a de facto couple usually has to meet, and the rest of the test is the same. Last verified 23 September 2026.
| What you are calling it | What the Department calls it | The subclass | Where you must be to lodge |
|---|---|---|---|
| Spouse visa | Partner visa | 820/801 or 309/100 | Inside or outside Australia |
| Marriage visa | Partner visa | 820/801 or 309/100 | Inside or outside Australia |
| Fiancé or fiancée visa | Prospective Marriage visa | 300 | Outside Australia |
| De facto visa | Partner visa | 820/801 or 309/100 | Inside or outside Australia |
| Partnership visa | Partner visa | 820/801, 309/100 or 300 | Inside or outside Australia |
| Spouse visa for a student's partner | Not a partner visa: a family member on a student visa | 500 | Outside this guide's scope |
Which of the two pairs you apply for is decided by where you are on the day you lodge, and the onshore or offshore partner visa page explains that choice.
Is there a spouse visa in Australia?
No. "Spouse visa" is what people call the partner visa when the couple is married. The Migration Act 1958 (Cth) uses the word spouse for one of two relationships the partner visa accepts: a spouse under s 5F, meaning a married partner, or a de facto partner under s 5CB. Both lead to the same visa, with the same subclass numbers, forms and charge. The Home Affairs visa pages and ImmiAccount call it the Partner visa.
What a married couple applies for
A married couple applies for the Partner visa: subclass 820 (temporary) and 801 (permanent) together if the applicant is in Australia, or subclass 309 (provisional) and 100 (permanent) together if the applicant is outside Australia. The table above is the full translation.
Spouse or de facto: what changes?
Three things, and nothing else:
- The 12-month rule does not apply. Regulation 2.03A of the Migration Regulations 1994 (Cth) usually requires a de facto couple to have been in the relationship for 12 months before applying. A married couple is assessed as spouses under s 5F instead.
- The marriage certificate is a required document. Home Affairs asks married applicants for their marriage certificate or other evidence that the marriage is valid in Australia.
- The relationship is described as a marriage. The four matters the Department weighs under reg 1.15A (financial aspects, the nature of the household, social aspects and the nature of the commitment) are the same as for a de facto partner visa under reg 1.09A.
Does an overseas marriage count?
Generally yes. Under Part VA of the Marriage Act 1961 (Cth), a marriage valid where it took place is recognised in Australia (s 88D(1)), except where:
- either party was already married (s 88D(2)(a))
- one party was domiciled in Australia and either was under marriageable age (s 88D(2)(b))
- the parties were within a prohibited relationship (s 88D(2)(c))
- either party did not really consent (s 88D(2)(d)).
The detail is on overseas, online and proxy marriages, and the first exception is covered under polygamous marriages and the partner visa.
Do arranged and forced marriages count?
An arranged marriage that both people freely agreed to is treated like any other marriage: see arranged marriage partner visa. A marriage without real consent is void under s 23B(1)(d) of the Marriage Act 1961 (Cth) and cannot support a partner visa: see forced marriage and the partner visa.
Does a same-sex marriage count?
Yes. Since the Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth) commenced on 9 December 2017, a same-sex marriage is a marriage under Australian law, including one made overseas.
What does a spouse visa cost?
The same as a partner visa, because it is one. As at 23 September 2026, Home Affairs shows:
| Application | Charge as at 23 September 2026 |
|---|---|
| Partner visa (subclass 820 and 801), most applicants | From A$11,710 |
| Partner visa (subclass 820 and 801), Prospective Marriage visa holders | From A$1,955 |
| Partner visa (subclass 309 and 100) | Shown in the Visa Pricing Estimator |
Home Affairs points applicants to its Visa Pricing Estimator for their own figure. The full breakdown, including family members, is on the site's cost page.
How long does a spouse visa take?
As long as a partner visa. Home Affairs publishes processing times in its global visa processing time guide, which it calls "a guide only and not specific to your application". The site's processing time page sets out the current figures.
What are the requirements for a spouse visa?
The partner visa criteria, which for a married couple mean:
- A marriage that is valid for the purposes of the Migration Act (s 5F(2)(a)).
- A mutual commitment to a shared life as a married couple to the exclusion of all others (s 5F(2)(b)).
- A genuine and continuing relationship (s 5F(2)(c)).
- Living together, or not living separately and apart on a permanent basis (s 5F(2)(d)).
- An eligible sponsor: an Australian citizen, permanent resident or eligible New Zealand citizen.
- Being in the right place when lodging: in Australia for the 820, outside Australia for the 309.
- Health, character and the other Schedule 2 criteria.
Each is explained on the site's eligibility page.
What documents does a married couple need?
The same documents as any partner visa couple, plus three that are specific to marriage:
- The marriage certificate. For an Australian marriage, the certificate issued by the state or territory registry, not the ceremonial one.
- An English translation, if the certificate is not in English.
- Evidence of a name change, if either of you took a new name on marriage.
Everything else is on the site's document checklist.
If you are not married yet
There are two routes, and the partner visa rules set neither aside:
- Marry in Australia. Under s 42(1) of the Marriage Act 1961 (Cth), the Notice of Intended Marriage must reach the celebrant at least 1 month and no more than 18 months before the wedding. The steps are on marrying an Australian citizen.
- Apply for a Prospective Marriage visa from outside Australia, then marry within the visa period, which is 9 months from grant unless the Department sets a later date of up to 15 months (cl 300.511). See prospective marriage visa subclass 300.
Does marrying an Australian citizen give you residence?
No. Marriage gives no visa, no residence and no right to stay. It makes the couple spouses, and the non-citizen partner must still apply for a partner visa and meet every criterion.
Questions about spouse visas in Australia
Can you bring an overseas husband or wife to Australia?
Yes, through the partner visa. An Australian citizen, permanent resident or eligible New Zealand citizen sponsors, and a spouse outside Australia usually applies for the subclass 309.
How much money do you need to sponsor a spouse?
None is set. There is no income test for a partner visa sponsor. The sponsor must be eligible and meet the character rules, and undertakes to support the applicant for two years.
Is a spouse visa easier to get than a de facto visa?
The test is the same. A married couple does not need to show 12 months of de facto relationship, but the Department still assesses whether the marriage is genuine and continuing.
Which is faster, a fiancé visa or a spouse visa?
Under Ministerial Direction 117 onshore partner applications (820 and 801) get the highest priority, and offshore Prospective Marriage and 309/100 applications get lower priority. Home Affairs says lower-priority applications are likely to take longer.
What is a spouse visa called on ImmiAccount?
The applicant selects New application, then Family, then "Stage 1 – Partner or Prospective Marriage Visa". The sponsor lodges "Sponsorship for a Partner to Migrate to Australia".
Where to go next
- The Australian partner visa guide covers applying from start to finish.
- The onshore or offshore partner visa page decides between 820/801 and 309/100.
- The de facto partner visa page covers couples who are not married, and the 12-month rule.
- If the wedding is still ahead, read marrying an Australian citizen.
Calling it a spouse visa changes nothing in the law, but a married couple can still be refused on the same criteria as anyone else, including an overseas marriage that Australia does not recognise. An application prepared by a registered migration agent or an Australian legal practitioner is more likely to succeed, because they confirm the marriage is valid for the Migration Act before lodgement and build the evidence around the four matters the Department weighs. No adviser can promise a grant.
Questions people ask
Is there a spouse visa in Australia?
Not by that name. The Department of Home Affairs calls it the Partner visa, and a married couple applies for subclass 820 and 801 from inside Australia or subclass 309 and 100 from outside it. De facto couples apply for the same visas.
What is the difference between a partner visa and a spouse visa in Australia?
There is none, because spouse visa is the everyday name for the partner visa when the couple is married. The only material difference for a married couple is that the marriage takes the place of the 12-month de facto relationship requirement, and the marriage certificate becomes one of the documents.
How much does a spouse visa cost in Australia?
As at 23 September 2026, the Department shows the onshore Partner visa (subclass 820 and 801) as costing from A$11,710 for most applicants, and from A$1,955 for Prospective Marriage visa holders. The charge is the same for married and de facto couples, and the Visa Pricing Estimator gives the figure for your own application.
How much money do you need to sponsor a spouse to Australia?
There is no income or savings test for a partner visa sponsor. The sponsor must be eligible, meet the sponsor character rules and undertake to support the applicant financially and with accommodation, to the extent necessary, for two years.
Which is faster, a fiance visa or a spouse visa?
Under Ministerial Direction 117 the Department gives the highest priority to onshore Partner visa applications (subclass 820 and 801) and lower priority to offshore Prospective Marriage visa (subclass 300) and Partner visa (subclass 309 and 100) applications. Current times are in the Department's visa processing time guide.
Sources
Primary sources this page was checked against on 23 September 2026.
- Department of Home Affairs, Partner visa (subclass 820) immi.homeaffairs.gov.au
- Department of Home Affairs, Partner visa (subclass 309) immi.homeaffairs.gov.au
- Department of Home Affairs, Partner Visa Frequently Asked Questions (last updated 16 September 2026) immi.homeaffairs.gov.au
- Migration Act 1958 (Cth), ss 5CB and 5F www.legislation.gov.au
- Marriage Act 1961 (Cth) www.legislation.gov.au
- Department of Home Affairs, Global visa processing times immi.homeaffairs.gov.au