How to Apply for an Australian Partner Visa Without a Migration Agent

Applying for a partner visa without a migration agent is entirely possible: thousands of people do it every year. The key is understanding what the Department actually assesses, gathering the right evidence, and avoiding the mistakes that lead to refusals. This guide walks you through the entire process.

Which partner visa applies to you?

There are two main pathways, depending on where you are when you apply:

Onshore (Subclass 820/801): You are in Australia when you apply. The 820 is a temporary visa granted first; the 801 is the permanent visa granted later, usually about two years after the 820.
Offshore (Subclass 309/100): You are outside Australia when you apply. The 309 is temporary; the 100 is permanent, granted after a similar waiting period.

There is also the Prospective Marriage visa (Subclass 300) for couples intending to marry in Australia, but that is a separate application with its own requirements. This guide focuses on the 820/801 and 309/100 pathways.

Step 1: Check you meet the eligibility requirements

Before you do anything else, confirm that both you and your sponsor are eligible.

Your sponsor

Must be an Australian citizen, permanent resident, or eligible New Zealand citizen (holding a Subclass 444 visa and generally having arrived before 26 February 2001)
Must be 18 or older
Must meet character requirements (sponsor criminal history screening under Regulations 1.20KB–1.20KD applies)
Must not be subject to a sponsorship bar. Under Regulation 1.20J, a sponsor who has previously sponsored a partner generally cannot sponsor again for 5 years, and a person who was themselves sponsored as a partner is also barred for 5 years (with a possible waiver for "compelling circumstances affecting the sponsor")
There is a lifetime limit of two partner sponsorships (with limited exceptions)

Your relationship

The relationship must be genuine and continuing. Under Regulation 1.15A, the Department assesses four aspects of your relationship:

Financial aspects (1.15A(3)(a)): joint bank accounts, shared property, shared bills, financial dependence or interdependence
Nature of the household (1.15A(3)(b)): living arrangements, shared domestic responsibilities
Social context (1.15A(3)(c)): how you present as a couple to family, friends, and the community
Nature of commitment (1.15A(3)(d)): emotional support, the degree of mutual commitment, whether the relationship is long-term

If you are in a de facto relationship, you generally need to show 12 months of cohabitation immediately before applying (Regulation 2.03A). Exemptions exist if you are married, have a registered relationship (available in ACT, NSW, QLD, SA, TAS, and VIC), or meet "compelling and compassionate circumstances" under Reg 2.03A(3)(b). The 12-month clock freezes at the date you apply, so you cannot keep accumulating time after lodgement.

Step 2: Gather your documents

This is where most DIY applicants succeed or fail. The Department does not know your relationship; your documents tell the story. You need evidence across all four aspects of Regulation 1.15A.

Essential documents

Form 888statutory declarations from two or more people who know your relationship (Australian citizens or residents)
Form 80personal particulars for character assessment
Marriage certificate (if married) or relationship registration certificate (if registered)
Joint bank account statements (at least 12 months)
Joint lease, mortgage, or utility bills showing shared address
Photos, social media, travel bookings showing you together as a couple
Police clearances from every country you have lived in for 12+ months in the last 10 years (since age 16)
Health examination results (general medical, chest X-ray for ages 11+, HIV for ages 15+)
Sponsorship undertaking form

A common mistake is assuming that living together for 12 months automatically means you are de facto. You must show evidence across all four aspects of Regulation 1.15A: financial, household, social, and commitment. A couple with photos and a joint lease but no shared finances may still be refused.

Step 3: Understand the fees

Base Visa Application Charge: AUD $11,710 for the main applicant
Additional charges apply for dependants 18+ (AUD $5,860) and under 18 (AUD $2,935)
Health examinations: approximately AUD $350–$450 per person
Police clearances: varies by country

Fees are set by legislative instrument and change on 1 July each year. Always verify the current charge on the Department of Home Affairs website before applying.

Step 4: Lodge your application

Applications are lodged online through ImmiAccount. For an onshore 820 application, you must be in Australia and hold a substantive visa (or meet Schedule 3 criteria if your visa has expired). For an offshore 309, you must be outside Australia at both application and grant.

If you are applying onshore and your previous visa has expired, Schedule 3 criteria apply (clauses 3001, 3003, 3004). You must apply within 28 days of your visa expiry, your last visa must have been a valid visa, and you must meet the six-part test in clause 3004. Critically, a genuine relationship alone is not considered a "compelling reason" for a Schedule 3 waiver. The Federal Circuit Court confirmed this in Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32.

Step 5: Wait and respond to requests

Partner visa processing times are long. Based on current Department data, 50% of applications are decided within about 27 months, and 90% within about 48 months. During this time, you may receive a Request for Further Information (RFI). Respond by the deadline given, since missing it can result in refusal.

If you applied onshore for the 820, you will typically be granted a Bridging Visa A that lets you remain in Australia and work while your application is processed.

The mistakes that cause refusals

Thin evidence across one or more aspectsThe most common refusal reason. You need evidence across all four aspects of Regulation 1.15A, not just photos and a joint lease.
De facto without 12 monthsIf you have not lived together for 12 months before applying and do not qualify for an exemption, your application will fail at the threshold.
Sponsorship barsNot checking whether your sponsor has hit the two-sponsorship limit or the 5-year bar under Regulation 1.20J before applying.
Non-disclosure of health or character historyTriggers PIC 4020, which carries a 3-year exclusion (10-year for identity fraud). This is worse than the underlying issue itself.
Recent marriagesMarriages that occur only days before the application receive extra scrutiny. It is not a bar, but expect closer examination.
Holding a 491 or 494 visaIf you hold a Subclass 491 or 494, you cannot validly apply for an 820 until you have held that visa for at least 3 years (Item 1214C(3)(g)).

When you might need a migration agent after all

Most straightforward partner visa applications can be done DIY. But consider professional help if:

Your visa has expired and Schedule 3 applies
Your sponsor has a criminal history (Regulations 1.20KB–1.20KD screening applies)
Your sponsor has previously sponsored a partner
You or a family member have health or character concerns
You have had a visa refused or cancelled previously

Want a complete DIY partner visa kit?

Our Partner Visa Info Pack includes document checklists, relationship evidence guides, statement templates, and step-by-step instructions covering every aspect of Regulation 1.15A, so your application tells the full story of your relationship.

About the Author

Matilda, MARN 0958254

A Registered Migration Agent with 16+ years in migration and thousands of consultations across every major visa pathway.

General information only, not personal migration advice. Legislative references and fees are current as at July 2026 but change periodically. Always confirm the current rules on the Department of Home Affairs website before applying.