Not everyone is eligible to apply for β or sponsor β an Australian partner visa. Understanding the eligibility criteria for both the applicant and the sponsor before you apply saves time, money, and heartbreak.
This guide explains who can apply for an Australian partner visa, who can act as a sponsor, what can disqualify you, and how to check if your situation is eligible.
At Magpie Consultants, Umar Ashraf (MARN 2619222) assesses partner visa eligibility and advises on complex cases before lodgement.
This article is for general information only. Partner visa eligibility is complex and fact-specific β consult a registered migration agent for your situation.
Part 1: Applicant Eligibility β Who Can Apply?
Relationship Status
You must be in a genuine relationship with the sponsor β either:
- Married β the marriage must be legally valid and recognised under Australian law (this includes most overseas marriages; some types are not recognised β polygamous marriages, marriages where one party is under 18, etc.)
- De facto relationship β a genuine, ongoing relationship between two people who are not married to each other, including same-sex relationships
De Facto Eligibility β the 12-Month Rule
For de facto relationships, you must have been in the relationship for at least 12 months immediately before the visa application. Exceptions apply if:
- You are registered as de facto partners under an Australian state or territory law (e.g., in Victoria, NSW, Queensland), OR
- There are compelling circumstances β typically a child of the relationship
Age
There is no minimum age for applying β but for marriages or de facto relationships where one party is under 18, scrutiny increases and specific requirements apply. The sponsor must be at least 18 years old.
Not Already in a Visa Subclass That Bars Onshore Applications
Some visa holders are barred from applying for certain visas onshore. Certain visitor visas (such as Subclass 600 Tourist stream) include conditions that prevent applying for other visas in Australia. If you arrived on a tourist visa and are now in a relationship, this restriction may affect you β check your visa conditions carefully before lodging.
Health Requirements
The applicant and all family members included in the application must pass Australian health requirements β a medical examination completed by an approved panel physician.
Character Requirements
The applicant and secondary applicants aged 16 or over must meet Australian character requirements β including providing police clearances from Australia and each country lived in for 12+ months in the past 10 years.
Part 2: Sponsor Eligibility β Who Can Sponsor?
Citizenship or Residence Status
The sponsor must be one of the following:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen (a New Zealand citizen who holds or has held a Special Category Visa in Australia)
Age
The sponsor must be at least 18 years of age.
No Sponsorship Bar
The sponsor must not be subject to a sponsorship bar imposed by the Department. A sponsorship bar can be imposed because of:
- A previous partner visa sponsorship that resulted in domestic violence
- A previous partner visa sponsorship where the application failed or was found to be fraudulent
- A criminal conviction for certain offences against children or family violence
Sponsorship Limit: Two Sponsorships Per Lifetime
A person can only sponsor two partner visa applicants in their lifetime. This is a hard limit β if you have already sponsored two partners (regardless of whether those visas were granted or the relationships lasted), you cannot sponsor again without a Ministerial exemption, which is very rarely granted.
Additionally, you can only sponsor one partner at a time β you cannot have two concurrent partner visa applications where you are the sponsor.
Common Eligibility Issues That Cause Problems
Visitor Visa Bar
Many applicants arrive on a visitor visa (600 Tourist stream) and fall in love with an Australian. The problem: the Subclass 600 Tourist stream often carries a condition that prevents lodging a partner visa while in Australia. If you are in this situation:
- Seek immediate advice before overstaying or lodging blindly
- In some cases, a different onshore visa can bridge the gap
- In other cases, leaving Australia and lodging offshore (Subclass 309) is the only option
Undisclosed Previous Partner Visa Sponsorships
Failing to disclose that you have previously sponsored a partner visa applicant β even if that relationship ended and the application was never finalised β is a material omission that can result in visa refusal or cancellation.
Marriage Not Recognised Under Australian Law
If your marriage is a customary or religious marriage that was not officially registered in your home country, it may not be recognised for Australian migration purposes. Seek advice on whether your marriage is recognised before lodging.
De Facto Relationship Less Than 12 Months
If you have not been in a de facto relationship for 12 months and are not registered as de facto partners and have no child of the relationship, you are not yet eligible for the standard partner visa pathway. Wait until the 12-month threshold is met, or consider the Prospective Marriage Visa (Subclass 300) if you intend to marry.
Health or Character Disqualification
Certain health conditions (particularly tuberculosis and significant health costs) and certain criminal history (particularly violence, drugs, and child-related offences) can prevent a visa being granted. Seek advice early if you have concerns about health or character.
Frequently Asked Questions
How can I check the eligibility requirements for a partner visa?
The official eligibility requirements are published on homeaffairs.gov.au under the Subclass 820 and 801 visa pages. For a specific eligibility assessment of your personal situation, consult a MARA-registered migration agent who can review your visa history, relationship status, and circumstances before you lodge.
Can I sponsor my partner if I was previously divorced?
Yes β being previously divorced does not disqualify you as a sponsor, provided you have not already sponsored two previous partner visa applicants and do not have a sponsorship bar. You must disclose any previous relationships and sponsorships in the application.
Can same-sex couples apply for a partner visa in Australia?
Yes β Australia recognises same-sex relationships for immigration purposes. Both married same-sex couples and same-sex de facto couples are eligible for the partner visa on the same criteria as opposite-sex couples.
Can I apply for a partner visa on a tourist visa?
It depends on which tourist visa subclass you hold and whether it includes a condition barring further applications in Australia. Many Subclass 600 Tourist stream visas do include such a condition. Check your visa conditions carefully before lodging β if barred, you may need to apply offshore (Subclass 309).
What happens if I don’t meet the eligibility criteria?
If you lodge and do not meet the eligibility criteria, the application will be refused. The fees are non-refundable. If you are unsure whether you meet the criteria, seek professional advice before lodging β the cost of a migration agent assessment is far less than the cost of a refused application.
Is there an income requirement for the sponsor?
There is no specific minimum income requirement for the sponsor. However, the sponsor must commit to supporting the applicant during the temporary stage. In practice, the Department looks at the overall picture of the relationship β not a specific income threshold.
Key Takeaways
- Applicants must be married or in a genuine de facto relationship (de facto requires 12 months unless registered or compelling circumstances).
- Sponsors must be Australian citizens, PR, or eligible NZ citizens aged 18+.
- Two sponsorships per lifetime β a hard limit that cannot be circumvented without a Ministerial exemption.
- Tourist visa holders are often barred onshore β check your conditions before lodging.
- Undisclosed previous sponsorships cause serious problems β always disclose fully.
- Same-sex couples are fully eligible β the criteria are the same as for opposite-sex couples.
Not Sure If You’re Eligible? Contact Magpie Consultants
Eligibility assessment before lodging is the most important thing you can do to protect your application and your fees.
At Magpie Consultants, Umar Ashraf (MARN 2619222) provides eligibility assessments and advises on complex situations before lodgement. We advise in English, Urdu, Punjabi, and Hindi.
- Book a consultation: magpieconsultants.com.au/book-appointment
- Location: Office 3, 8/10 Childs Road, Epping VIC 3076, Melbourne
Related Articles
- Partner Visa Australia Complete Guide 2026
- Partner Visa Processing Times Australia 2026
- Partner Visa to Permanent Residency and Citizenship
- De Facto Partner Visa: Proving Your Relationship With Limited Evidence
- PIC 4020: The 3-Year Visa Ban Explained
DISCLAIMER: This article is for general information only. Eligibility rules are complex and change frequently. Consult a MARA-registered migration agent for advice on your specific situation. Umar Ashraf β MARN 2619222 β verify at mara.gov.au.
Umar Ashraf
MARA Registered Migration Agent & Education Consultant | MARA #2619222 | Epping, Melbourne VIC
Umar Ashraf is a MARA-registered migration agent specialising in complex cases, visa cancellations, ART tribunal appeals, and employer sponsorship. He provides consultations in English, Urdu, Punjabi and Hindi.
