The spouse visa is the married partner pathway within Australia's partner visa framework. There is no separate spouse visa Subclass. Married applicants apply for the Subclass 820/801 if the applicant is in Australia, or the Subclass 309/100 if the applicant is outside Australia. The Department of Home Affairs applies the same four relationship evidence categories to married applicants as to de facto applicants. A marriage certificate is required but is not sufficient on its own. The Department must be satisfied the marriage is genuine and continuing.
Onshore — Subclass 820/801 If your spouse is in Australia at the time of lodgement, you apply for the Subclass 820/801. A Bridging Visa A is issued to most applicants shortly after lodgement, allowing your spouse to remain in Australia lawfully while the application is assessed.
Offshore — Subclass 309/100 If your spouse is outside Australia at the time of lodgement, you apply for the Subclass 309/100. Once the Subclass 309 is granted, your spouse can travel to and remain in Australia while the permanent stage is assessed.
We can help you if:
Your eligibility for the spouse visa pathway depends on the legal validity of your marriage, your spouse's current location, and whether your sponsor meets the sponsorship requirements. Here is what to check first.
An overseas marriage is generally recognised under Australian law if it was valid under the law of the country where it took place and would have been recognised as valid under Australian law at the time. There is no requirement to register an overseas marriage in Australia. Where a marriage certificate is not in English, it must be translated by a NAATI-accredited translator before lodgement. Where there is any uncertainty about whether a marriage is legally recognised for immigration purposes, we assess this as part of the initial eligibility advice regardless of where in Australia your sponsor is based.
Every spouse visa application is assessed against two things: the genuineness of your marriage and whether you meet the mandatory health and character requirements. Both must be in order before lodgement.
The Department of Home Affairs assesses every married partner visa application across four relationship evidence categories. A marriage certificate establishes the legal fact of marriage. It does not establish that the marriage is genuine. Every category must be addressed at lodgement.
The strength of your application depends on how well each category is covered. The sponsor must also submit a separate sponsorship application at the same time. We advise on exactly what is required for your specific circumstances at the initial consultation.
Requirements vary depending on your specific circumstances. We confirm exactly what is needed at the initial consultation.
"We had already tried to put our application together ourselves and quickly realised how much we were missing. Partner Visa Lawyers reviewed everything, identified the gaps in our evidence, and lodged a complete application within weeks. We felt in control of the process for the first time."
"My situation was complicated. I had a previous visa refusal and my partner and I had spent long periods apart due to work. They understood the risks upfront, built submissions that addressed them directly, and kept us informed at every stage."
"The advice was specific, practical, and honest. We knew exactly what the Department would be looking for and what we needed to provide. No surprises. Just clear legal guidance from people who know partner visas inside out."
Knowing the full cost upfront lets you plan properly and move forward with confidence. Below is a breakdown of the Department's current government application charges.
In addition to the government application charge, most applicants will incur other costs as part of the process, including health examinations, police clearance certificates, and document translation where applicable. These vary depending on your individual circumstances and country of origin. Contact us for a full cost overview tailored to your situation.
The spouse visa uses the same processing framework as all partner visa applications. The stage that applies to you depends on whether your spouse is applying onshore or offshore. Understanding both timelines helps you plan realistically.
