Australia partner visa for Nigerian 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 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).
This guide covers the process for Nigerian nationals applying to join a partner who is an Australian citizen or permanent resident.
Who can apply
You can apply if you are the spouse or de facto partner of your sponsor:
- Legally married spouses
- De facto partners 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, aged 18 or over and not subject to sponsorship bars or character exclusions.
Financial requirement
There is no minimum income requirement for the sponsor. The assessment focuses on the genuineness of the relationship.
Health requirement
All applicants must undergo a health examination with an approved panel physician. Panel physicians are available in Lagos and Abuja. Use the ImmiAccount health examination locator to find the nearest approved clinic.
Health results are submitted electronically to the Department of Home Affairs. A repeat examination may be required if processing is lengthy.
Police clearance
Nigerian nationals must provide a police clearance certificate from the Nigeria Police Force. This is obtained through the Nigeria Police Force portal or the relevant state command. Follow the country-specific guidance provided by Home Affairs 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
Home Affairs assesses four aspects of the relationship:
Financial aspects: joint accounts, shared assets, financial interdependence.
Nature of the household: shared address, domestic responsibilities, statements from people who know you as a couple.
Social aspects: photographs together, family knowledge of the relationship, attendance at family or social events.
Commitment: communication records, travel history between Nigeria and Australia, future plans.
Documents needed
Sponsor’s documents:
– Proof of Australian citizenship or permanent residence
– Completed sponsorship form (Form 40SP)
Applicant’s documents:
– Valid Nigerian passport
– Marriage certificate issued by the relevant State Registry of Births, Deaths and Marriages for married couples. Customary or Islamic marriage certificates should also be accompanied by a court-registered or government-issued certificate where possible.
– National Identity Management Commission (NIMC) National Identity Card or Voters Card as identity documentation
– Health examination results
– Nigeria Police Force clearance certificate
– Relationship evidence as described above
If previously married:
– Divorce certificate or death certificate
How to apply
Applications are submitted online through ImmiAccount. Both the sponsor and applicant complete their sections online.
For offshore applications (309/100), the applicant remains in Nigeria during processing. Once the temporary 309 visa is granted, they travel to Australia. The permanent 100 visa is assessed after approximately two years.
For onshore applications (820/801), the applicant must be in Australia holding valid temporary status when they apply.
Costs and processing times
Government application fee: AUD $11,710 for the primary applicant, covering both stages.
Additional costs include the health examination, police clearance fees, certified translations if required, and migration agent fees if applicable.
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, Home Affairs reassesses the relationship before granting the permanent visa.
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
Is a customary or traditional marriage accepted?
Home Affairs may accept evidence of a customary marriage, but a government-registered marriage certificate from the State Registry is the strongest document. If only a customary marriage has taken place, seek advice from a registered migration agent before applying.
Can I work in Australia on the onshore temporary 820 visa?
Yes. The temporary 820 visa includes full work rights.
We are in a de facto relationship. What evidence do we need?
You need to demonstrate at least twelve months of continuous cohabitation immediately before applying. Evidence includes a shared lease, utility bills in both names, bank statements at the same address, and statutory declarations from people who know you as a couple.
Is there a right of appeal if refused?
Yes. Refusals can be reviewed by the Administrative Appeals Tribunal (AAT).
Can dependent children be included?
Yes. Dependent children can be included, subject to health and character requirements.