Last updated: 30 March 2026

Spouse Visa Australia: Married Partner Application Guide

When people search for a “spouse visa” for Australia, they are looking for a way to bring a legally married partner to Australia, or to formalise their stay as the partner of an Australian citizen or permanent resident. In Australian migration law, this is the partner visa — and being married gives you a distinct advantage over de facto couples in one specific area: you do not need to show 12 months of prior cohabitation.

This page covers everything that is specific to married couples applying for the Australian partner visa: how your application differs from a de facto application, what documentation you need, and how to build the strongest possible evidence file.

What Is the “Spouse Visa”?

There is no visa subclass in the Australian migration system officially called a “spouse visa.” The correct term is the partner visa. Married couples and de facto couples both apply for the same subclasses:

• Subclass 820/801 — if you are in Australia at the time of application (onshore pathway)
• Subclass 309/100 — if you are outside Australia at the time of application (offshore pathway)

The distinction between a married and de facto application lies in the evidence provided and the eligibility criteria that apply — not in the visa subclass itself.

For a full explanation of the two-stage grant process and the onshore versus offshore pathways, see the partner visa Australia overview.

How Married Couples Differ from De Facto Applicants

No 12-month cohabitation requirement

De facto couples must demonstrate that they have been in a genuine de facto relationship for at least 12 months before lodging. This is a formal threshold.

Married couples are not subject to this requirement. You can apply immediately after your marriage — even if you have been together for a short time — provided the Department is satisfied that your marriage is genuine and your relationship is real.

This does not mean you can simply show a marriage certificate and expect an approval. The Department still assesses the genuineness of the relationship. A recent marriage with very limited shared history will face more scrutiny than a long-established relationship. What the exemption means is that there is no minimum time threshold for married couples.

Marriage certificate as a foundational document

Your marriage certificate is the anchor document in a married applicant’s file. It establishes the legal basis of your relationship and frames everything else. Without a valid marriage certificate — or a certified translation if it is not in English — your application cannot proceed.

If your marriage took place overseas, you need the original or a certified copy of the marriage certificate from the issuing authority in that country, along with a NAATI-certified translation if the certificate is in a language other than English.

Australian-registered marriage

If your marriage took place in Australia, it will be registered with the relevant state or territory registry of births, deaths and marriages. Your marriage certificate from that registry is the appropriate document.

Eligibility for Married Applicants

To be eligible to apply as a married couple, you must satisfy:

Applicant requirements:

• You are legally married to the sponsor, in a marriage recognised under Australian law
• Your marriage is genuine and your relationship is continuing
• You meet health requirements (immigration medical examination)
• You meet character requirements (police clearances from all countries lived in for 12+ months in the past 10 years)
• You have no substantial debt to the Australian government

Sponsor requirements:

• Your spouse (the sponsor) is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
• The sponsor is at least 18 years old
• The sponsor has not exceeded the partner visa sponsorship limits
• The sponsor meets character requirements

The Department also considers the sponsor’s history. If your spouse has previously sponsored a partner visa applicant, this must be disclosed. It does not automatically prevent them from sponsoring you, but the Department will examine the circumstances.

Documentation for Married Applicants

Your evidence file as a married couple overlaps substantially with de facto evidence, with some important differences in emphasis.

Core identity and relationship documents:

• Valid passports for the applicant and any secondary applicants
• Marriage certificate (original or certified copy; NAATI translation if not in English)
• Birth certificates (especially if including dependent children)
• Sponsor’s proof of Australian citizenship or permanent residency (passport, citizenship certificate, or permanent visa evidence)
• If previously married: divorce or death certificate for any prior marriage

Evidence of a genuine relationship:

Even with a marriage certificate, the Department looks at all four relationship pillars. Married applicants should provide evidence across:

1. Financial aspects — joint accounts, shared expenses, joint assets or liabilities, named beneficiaries on insurance or superannuation
2. Household arrangements — lease or property documents at a shared address, statutory declarations about living arrangements, utilities in shared names
3. Social aspects — photographs together across different times and settings, statutory declarations from people who know you as a couple, evidence of attending events together
4. Commitment — the marriage itself is strong evidence here, supplemented by wills naming each other, future plans, knowledge of each other’s families and circumstances

Statutory declarations:

Both you and your spouse should provide a personal statutory declaration describing your relationship — how you met, how the relationship developed, what your shared life looks like, and your plans for the future. These declarations carry significant weight when they are specific, personal, and consistent with each other.

Declarations from at least two or three people who know you both well — family members, friends, colleagues — add further credibility.

Overseas Marriages: What You Need

If you married outside Australia, your marriage is eligible for the partner visa as long as it would be legally recognised under Australian law. Most lawful civil or religious marriages overseas meet this requirement.

What you need to provide:

• Original or certified copy of the overseas marriage certificate
• NAATI-certified translation (if the certificate is not in English)
• Evidence of the marriage being valid in the country where it occurred (in most cases, the certificate itself is sufficient)

Marriages not recognised under Australian law — for example, marriages between close relatives, marriages entered into for immigration purposes only, or polygamous marriages — cannot form the basis of a partner visa application.

If there is any question about the validity or recognition of your overseas marriage, consult a registered migration agent before lodging.

Costs and Fees for Married Applicants

The fees for married applicants are the same as for de facto applicants — there is no reduced fee for married couples. The main application charge (from 1 July 2025) is $8,850 for the primary applicant, with additional charges for any secondary applicants included on the application.

For a full breakdown of all costs — including health examinations, police clearances, translation, and migration agent fees — see the partner visa cost page.

Processing Time for Married Applicants

Processing times for married applicants are broadly the same as for de facto applicants. Your marital status does not place you in a different queue or give you a processing advantage.

The temporary stage (820 or 309) currently takes 20–36 months for most applicants at the 75th percentile. The permanent stage (801 or 100) is assessed after the mandatory two-year waiting period from the original lodgement date.

For full processing time information, see partner visa processing time.

After the Visa Is Granted

Once the partner visa is granted — at the temporary stage — you can live and work in Australia, access Medicare (depending on your home country), and travel to and from Australia on the temporary partner visa.

The temporary visa does not count toward the residency period for citizenship. That clock starts only once the permanent partner visa is granted.

After the two-year mark, the Department assesses the permanent stage. If your relationship is still genuine and ongoing, the permanent visa (801 or 100) is granted. This is your formal entry to permanent residency in Australia, and the starting point for citizenship eligibility — which requires four years of lawful residence including 12 months as a permanent resident.

Frequently Asked Questions

Is there a separate spouse visa in Australia?

There is no visa subclass called a “spouse visa” in Australian migration law. Married couples apply for the same partner visa (subclass 820/801 for onshore applicants, 309/100 for offshore applicants) as de facto couples. However, married applicants provide different evidence — primarily the marriage certificate — and the 12-month de facto cohabitation requirement does not apply.

Do married couples need to prove they lived together before applying?

No. Married couples are not required to show 12 months of prior cohabitation. What the Department assesses is whether the marriage is genuine and whether the couple is in a genuine, continuing relationship at the time of application. A marriage certificate is a key document, but on its own it is not sufficient — you still need to provide evidence across the four relationship pillars.

Can I apply for a spouse visa if we married overseas?

Yes. If your marriage took place overseas, it is recognised for partner visa purposes as long as it was legally valid in the country where it occurred and would be recognised as a valid marriage under Australian law. You will need to provide the original marriage certificate and, if it is not in English, a NAATI-certified translation.

Next Steps for Married Couples

If you are preparing to apply:

1. Locate your marriage certificate — request a certified copy from the issuing registry if you do not have the original; arrange NAATI translation if needed
2. Confirm your sponsor’s eligibility — citizenship or permanent residency documentation
3. Build your evidence file across all four pillars — financial, household, social, commitment
4. Complete health examinations — book with a Panel Physician before lodgement
5. Obtain police clearances — from Australia and all countries you have lived in for 12+ months in the past 10 years
6. Decide on onshore or offshore pathway — based on where you will be when you lodge

For a full overview of the process from lodgement through to permanent residency, see the partner visa Australia overview and partner visa evidence requirements.