Originally published: October 2021 | Last reviewed and updated: June 2026
The Australian Partner visa — Subclass 820/801 (onshore) and Subclass 309/100 (offshore) — is one of the most closely scrutinised visa categories in the Australian migration program. As of 2026, processing times for the temporary stage are 19 to 26 months for most applicants, with some cases at the 90th percentile waiting up to 31 months.
Delays and refusals are rarely random. In most cases, they result from avoidable errors made at or before lodgement. This article explains the most common reasons Partner visa applications are delayed or refused, and what you can do to avoid them.
For personalised advice before lodging, book a consultation with Augustine and Co. See also our partner visas service page for a full overview of the Partner visa pathway.
1. Failing to Lodge a Sponsorship Application
Every Partner visa application requires a separate sponsorship application to be lodged by the Australian citizen, permanent resident, or eligible New Zealand citizen sponsor. Many applicants are unaware of this requirement and fail to lodge the sponsorship form alongside or shortly after the visa application. While a missing sponsorship application does not always cause refusal, it does pause the Department’s assessment until the sponsorship is lodged and approved, adding weeks or months to processing time.
Important note — 2021 proposed sponsorship changes: This blog previously referenced a proposed mandatory pre-approval sponsorship framework that was announced for implementation in November 2021. That framework was not implemented. The current requirement remains that sponsorship is lodged as part of the partner visa process, but sponsors do not need to be pre-approved before the visa application is lodged.
2. Condition 8503
If you are in Australia and have a visa with a “Condition 8503 – No Further Stay” attached to it, you will not be able to apply for a partner visa onshore unless if it is waived.
If you are subjected to a Condition 8503, we suggest you apply through your immigration lawyer for a No Further Stay condition waiver with the Department of Home Affairs by demonstrating that your current circumstances have dramatically changed from when you were granted your initial visa. Examples of significant changes include:
- Medical reasons
- Death or serious illness of a close family member
- Natural disaster in home country
- War or civil unrest in home country
- Your school cannot provide your approved course.
The Department does not consider the below circumstances as a significant change for a waiver:
- marriage or starting a de facto relationship with an Australian citizen or permanent resident;
- failing your course;
- pregnancy.
At Augustine and Co., we have successfully applied for a waiver of Condition 8503 for many visa holders, who have gone on to apply for a Partner visa, etc. If you have Condition 8503 attached to your visa, get in touch with us to discuss your case so we can advise on the various strategies to tackle your case.
For advice on whether a Condition 8503 waiver is available in your circumstances, book a consultation with our team.
3. Assuming Your Current Visa Will Convert Into a Bridging Visa Immediately
Applying for a partner visa does not automatically cancel your current visa. Your current visa will remain valid until it expires.
Case Example:
You hold a Subclass 500 Student visa expiring on 1 March 2027. You lodge a Partner visa application on 1 October 2026.
Your Student visa remains valid until 1 March 2027, and its conditions — including the 48-hour per fortnight work restriction — continue to apply throughout that period. Your Bridging Visa A (BVA) will only activate once the Student visa expires on 1 March 2027, at which point you will have full work rights on the BVA.
Any breach of your substantive visa conditions between lodgement and the visa expiry date — such as exceeding work hours — places your Partner visa application at serious risk. Consult an immigration lawyer before lodging to understand your obligations under your current visa.
4. Schedule 3
If you do not hold a substantive visa at the time of lodging your onshore Partner visa application — because your visa has expired and you are on a Bridging Visa, or because you have been unlawful — Schedule 3 of the Migration Regulations applies. Schedule 3 requires you to satisfy additional criteria, or to demonstrate compelling reasons for the Department to waive them.
The Full Federal Court in Waensila v Minister for Immigration and Border Protection FCAFC 32 confirmed that all circumstances up to the date of decision must be considered when assessing whether compelling reasons exist. Compelling reasons that have been accepted include:
The applicant and sponsor have a dependent Australian citizen or permanent resident child
The sponsor has a serious, documented medical condition and is dependent on the applicant for care and support
Circumstances genuinely beyond the applicant’s control that caused the visa to expire or the unlawful status to arise
Emotional hardship from separation — while real — is common to all Partner visa applications and is generally not accepted as a compelling reason on its own.
For a detailed explanation of Schedule 3, see our article on Schedule 3 criteria for onshore Partner visas.
5. Inconsistencies in the application — PIC 4020
Inconsistencies across a Partner visa application are one of the most common causes of delay and refusal, yet they are entirely preventable.
Public Interest Criterion (PIC) 4020 of the Migration Regulations requires that an applicant not have provided, and not intend to provide, bogus documents or false or misleading information in connection with a visa application. Where inconsistencies are detected — even if innocent or inadvertent — the case officer may raise PIC 4020 concerns, triggering a Section 57 adverse information process. This adds significant time to processing and can result in refusal.
Common sources of inconsistency that trigger PIC 4020 scrutiny include:
Discrepancies in relationship commencement dates across different forms or statutory declarations
Addresses listed on forms that contradict relationship evidence (e.g., claiming cohabitation while utility bills show different addresses)
Travel history or work history that contradicts statutory declarations
Inconsistent information between the applicant’s and the sponsor’s forms
A 3-year ban on further visa applications applies if PIC 4020 is found to have been engaged with intent to deceive. Even where there is no intent, inconsistencies cause delays and additional scrutiny.
Preparing a well-organised, consistent application with a thorough review before lodgement is the most effective way to avoid PIC 4020 issues.
6. Relationship Breakdown
If your relationship breaks down while applying/holding a Temporary Partner Visa, you may not be eligible for a Permanent Partner Visa unless exceptional circumstances apply.
Relationship breakdown provisions apply if you hold a Prospective Marriage Visa and have applied for a Partner visa (Subclass 820/801) or have applied or hold a Provisional/Temporary Partner Visa (Subclass 820/309) where:
1. Family violence has occurred from your sponsor during your relationship;
2. There are access rights to any dependent children from the relationship are involved;
3. Your Australian sponsor partner has died.
If any of the above applies to you, you should seek immediate legal advice from an immigration lawyer.
For advice on your options if your relationship has broken down while your Partner visa application is pending, see our relationship breakdown and partner visas page.
7. Misunderstanding the 12-month de facto and cohabitation requirements
There are two common misconceptions about the 12-month requirement that cause applicants to either delay unnecessarily or lodge prematurely.
Misconception 1 — You must live together for 12 months:
The Department requires that a de facto relationship has existed for at least 12 months before lodgement. This is a relationship duration requirement, not a cohabitation requirement. The Full Federal Court in SZOXP v Minister for Immigration and Border Protection confirmed that de facto couples are not required to have previously lived together to be eligible for a Partner visa, provided there is a justifiable reason for not cohabiting.
Misconception 2 — The 12-month requirement always applies:
The 12-month de facto relationship requirement is waived in the following circumstances:
The couple has registered their de facto relationship with an Australian state or territory government (such as the Registry of Births, Deaths, and Marriages in Victoria, New South Wales, or Queensland)
The couple is married — there is no minimum relationship duration requirement for married couples
There are compelling circumstances relating to a dependent Australian citizen or permanent resident child of the relationship
If you are in a de facto relationship of less than 12 months and none of the above apply, consider the Prospective Marriage Visa (Subclass 300) as an alternative pathway.
For a detailed discussion of the cohabitation question, see our article on whether a de facto relationship requires previous co-habitation.
What happens if the Department requests further information?
A Request for Further Information (RFI) under section 56 of the Migration Act is issued when the Department requires additional evidence or clarification before it can make a decision. An RFI is not a refusal, but it does pause the assessment clock and can add several months to processing time.
Common triggers for an RFI include:
Missing health examinations or police clearances
Insufficient or poorly organised relationship evidence
Relationship evidence that is outdated — the Department wants to see evidence that covers the period up to the date of assessment, not just the period around lodgement
Expired police clearances (certificates older than 12 months at the time of assessment)
Inconsistencies in the application that require explanation
How to respond to an RFI: Respond within the timeframe specified in the RFI notice. Late responses extend processing time further and, in some cases, can result in the application being decided on the information already on file. Ensure that your response is complete and directly addresses each point raised.
Frequently Asked Questions
Q. How long does a Partner visa take to process in 2026?
As of 2026, the Subclass 820 (onshore temporary stage) takes 19 to 24 months for 75% of applications. The Subclass 309 (offshore temporary stage) takes 15 to 25 months. Processing times vary depending on application completeness, evidence quality, health and police check timing, and the Department’s workload.
Q. What is the most common reason for Partner visa delays?
The most common avoidable reasons for delays are incomplete applications, missing or outdated health and police check documents, weak relationship evidence across one or more of the four mandatory evidence categories, and inconsistencies that trigger further scrutiny.
Q. Can I work while my Partner visa is being processed?
If you are onshore and held a substantive visa at the time of lodgement, you will have a Bridging Visa A (BVA) once your substantive visa expires. The BVA provides full work and study rights. If your substantive visa is still valid at the time of lodgement, its conditions — including any work restrictions — continue to apply until the visa expires.
Q. What happens if my relationship breaks down while my Partner visa is pending?
If the relationship ends before the permanent stage (Subclass 801 or 100) is assessed, the application may be affected. Exceptions apply in cases of family violence, access rights to dependent children, and death of the sponsor. Seek immediate legal advice. See our relationship breakdown page for more information.
Q. What is PIC 4020 and how does it affect my Partner visa?
Public Interest Criterion 4020 (PIC 4020) requires that applicants not have provided false or misleading information. If inconsistencies are found in an application — even unintentional ones — PIC 4020 may be raised, leading to significant delays and potential refusal. A 3-year ban on further applications applies where PIC 4020 is found to have been engaged deliberately.
Q. Can a Partner visa be refused if the relationship is genuine?
Yes. A genuine relationship is necessary but not sufficient for approval. The application must also satisfy all other legislative requirements — including Schedule 3 criteria where applicable, health and character requirements, and the absence of PIC 4020 concerns. A genuine relationship combined with an incomplete or inconsistent application can still result in refusal.
Conclusion
The Partner visa process is lengthy and technically demanding, but most delays and refusals are avoidable. A complete, consistent, and well-organised application lodged with strong relationship evidence across all four mandatory categories gives your application the best chance of being processed without unnecessary interruptions.
Augustine and Co. prepares decision-ready Partner visa applications for onshore and offshore applicants. Book a consultation with our partner visa team to discuss your circumstances before lodging.
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Author
Calvin Augustine is the founding solicitor of Augustine & Co. Immigration Lawyers. He graduated with Honors from the University of London law school, before being admitted to practice in Malaysia and Australia (admitted in SA, appears in all Victorian Courts and Tribunals, at trial and appellate levels).
