Australia partner visa for Indian nationals
What this visa is
The Australian partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia permanently. It is a two-stage process: the applicant is first granted a temporary visa, then assessed for permanent residence after a waiting period of approximately two years.
Applications can be made from outside Australia (offshore: subclass 309 leading to subclass 100) or from within Australia on a valid status (onshore: subclass 820 leading to subclass 801). Both pathways lead to the same permanent outcome.
This guide covers the process for Indian nationals applying to join a partner who is an Australian citizen or permanent resident.
Who can apply
You can apply for an Australian partner visa if you are the spouse or de facto partner of your sponsor. This includes:
- Legally married spouses
- De facto partners who have been in a genuine relationship for at least twelve months immediately before applying
You must be aged 18 or over. Your relationship must be genuine and continuing. Both parties must have met in person.
Who can sponsor
The sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. They must be aged 18 or over and must not be subject to sponsorship bars or character exclusions.
A person can only sponsor a limited number of partners over their lifetime. DIBP applies limits to prevent repeated sponsorship.
Financial requirement
There is no minimum income requirement for the sponsor. The focus of the assessment is on the genuineness of the relationship rather than the sponsor’s earnings.
Health requirement
All applicants must undergo a health examination with an approved panel physician. The examination assesses general health and screens for conditions of public health concern. Panel physicians for India are available in New Delhi, Mumbai, Chennai, and other major cities. Use the ImmiAccount health examination locator to find an approved clinic.
Health results are submitted electronically to the Department of Home Affairs. If processing is lengthy, a repeat examination may be required.
Police clearance
Indian nationals must provide a police clearance certificate covering their period of residence in India since the age of 16. IRPC’s country-specific guidance for India should be followed at the time of application.
You must also provide police clearances from every other country you have lived in for twelve months or more since the age of 16.
Proving your relationship
The relationship evidence is the most important part of the application. Home Affairs assesses four aspects of the relationship:
Financial aspects: joint bank accounts, shared assets, joint bills, or evidence of financial interdependence.
Nature of the household: shared address, shared responsibilities, statements from people who know you as a couple.
Social aspects: how the relationship is presented to friends, family, and in the community. Photographs together, evidence of attendance at family or social events, and knowledge of each other’s families.
Commitment: evidence of a long-term future together. This may include correspondence, travel history showing visits, and plans for the future.
For Indian applicants, evidence of the families’ knowledge of the relationship and any formal engagement or wedding arrangements can also be relevant.
Documents needed
Sponsor’s documents:
– Proof of Australian citizenship or permanent residence
– Completed sponsorship form (Form 40SP)
– Identity documents
Applicant’s documents:
– Valid Indian passport
– Birth certificate
– Marriage certificate issued by the Registrar of Marriages or relevant state authority (for married couples)
– Health examination results
– Police clearance certificate
– Photographs meeting Department of Home Affairs specifications
– Relationship evidence as described above
If previously married:
– Divorce decree absolute or death certificate ending the prior marriage
All documents not in English must be accompanied by a certified translation by a NAATI-accredited or equivalent translator.
How to apply
Applications are submitted online through ImmiAccount. Both the sponsor and the applicant complete their sections of the application online.
For offshore applications (subclass 309), the applicant remains outside Australia while the application is processed. Once the temporary visa (309) is granted, the applicant can travel to Australia. After approximately two years from the original application date, Home Affairs assesses the relationship again before granting the permanent visa (subclass 100).
For onshore applications (subclass 820), the applicant must be in Australia when they apply and must hold valid temporary status. The temporary visa (820) is granted first, then the permanent visa (801) after the waiting period.
Costs and processing times
Government application fee: AUD $11,710 for the primary applicant. This covers both stages of the application (temporary and permanent). Additional applicants such as dependent children are charged separately.
Additional costs include the health examination fee, police clearance fees, certified translation costs, and migration agent or legal fees if using a representative.
Processing times for partner visa applications from India are among the longest in the system due to high volumes. Offshore processing has historically taken 20 to 36 months or more. Onshore processing times are similar. Check current processing times on the Home Affairs website before applying.
After approval
Once the temporary visa is granted, the applicant can live, work, and study in Australia. After approximately two years from the original application date, Home Affairs will assess the relationship again. If the relationship is ongoing and genuine, the permanent visa is granted.
As a permanent resident, you can live and work anywhere in Australia. After four years of permanent residence, you may be eligible to apply for Australian citizenship.
FAQs
Our marriage was arranged. Will Home Affairs question whether the relationship is genuine?
Home Affairs does not treat arranged marriages differently from other marriages. What matters is whether the relationship is genuine and ongoing at the time of the application and at the time of the permanent visa assessment. Strong evidence of communication, visits, and family involvement supports the application.
Our marriage certificate is from a religious ceremony only. Is this accepted?
The marriage must be registered with the civil authorities to produce a legally recognised certificate. A religious ceremony certificate alone is not sufficient. If your marriage was not registered with the state Registrar of Marriages, you will need to complete the civil registration before applying.
Can I work in Australia while waiting for my partner visa on the onshore stream?
Yes. The temporary visa (820) granted while onshore includes work rights. You can work for any employer without restriction.
What happens if we separate during the two-year waiting period?
If the relationship breaks down, you must notify Home Affairs. The permanent visa (subclass 100 or 801) will generally not be granted unless exceptional humanitarian circumstances apply, such as family violence experienced in the relationship.
Is there a right of appeal if refused?
Yes. Refusals can be reviewed by the Administrative Appeals Tribunal (AAT). Legal advice before filing an appeal is strongly recommended.
Can dependent children be included?
Yes. Dependent children can be included in the application. Each dependent is subject to their own health examination and character assessment requirements.