No, marrying an Australian citizen does not automatically grant you permanent residency. However, marriage does make you eligible to apply for a Partner Visa, which can lead to permanent residency through a two-stage process. You must still meet all visa requirements, prove your relationship is genuine, and pass health and character checks.
One of the most common questions we receive from couples is: “If I marry an Australian, do I get permanent residency?” It’s a reasonable assumption that many countries grant automatic residency rights to spouses of citizens. But Australia’s immigration system works differently.
In Australia, marriage alone does not give you the right to live here permanently. Instead, your Australian spouse can sponsor you for a Partner Visa, which is a formal visa application assessed by the Department of Home Affairs. If approved, this visa provides a pathway to permanent residency and eventually Australian citizenship.
This guide explains exactly how the process works, what it costs, how long it takes, and what you need to do to get your spouse’s permanent residency in Australia.
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Unlike some countries where marrying a citizen grants immediate residency rights, Australia requires all applicants to go through a formal visa process. This is designed to:
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This means that simply getting married, even to an Australian citizen, does not give you any automatic right to stay in Australia. You still need to hold a valid visa, and if your current visa expires, you must either apply for a new visa or leave the country.
If you’re married to an Australian citizen or permanent resident, the Partner Visa is your primary pathway to permanent residency. This is a two-stage visa:
| Stage | Visa Subclass | What It Grants |
| Stage 1: Temporary | Subclass 820 (onshore) or Subclass 309 (offshore) | Temporary residence, work rights, and Medicare access while waiting for a permanent visa |
| Stage 2: Permanent | Subclass 801 (onshore) or Subclass 100 (offshore) | Permanent residency, live, work, study indefinitely; pathway to citizenship. |
Important: You apply for both stages together in one application. The temporary visa is typically granted first, and you become eligible for the permanent stage approximately two years after lodging your application (not two years after the temporary visa is granted).
The visa you apply for depends on where you are at the time of application:
Both the applicant (your spouse) and the sponsor (the Australian partner) must meet specific requirements:
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Sponsorship limits – Generally, you can only sponsor two partners in your lifetime, with at least five years between sponsorships. There are limited exceptions.Â
The Department of Home Affairs assesses your relationship across four key aspects:
Aspect | Evidence Examples |
Financial | Joint bank accounts, shared expenses, joint property ownership, joint loans or leases, beneficiary designations |
Household | Joint lease or mortgage, utility bills at the same address, shared household responsibilities, and mail addressed to both parties |
Social | Photos together at events, social media posts, statutory declarations from friends/family, invitations addressed to both, and travel together |
Commitment | Marriage certificate, wills naming each other, relationship history statement, plans (property purchase, children, etc.) |
*Tip from our experience: Consistency is critical. If your forms say you met in 2020 but your photos suggest 2019, this inconsistency can trigger additional scrutiny. Cross-check all dates, locations, and details before submitting.
The Partner Visa is one of Australia’s most expensive visas. Here’s what you should budget for:
Cost Item | Amount (AUD) |
Main applicant visa fee | $9,365 |
Additional applicant (18+) | $4,685 |
Additional applicant (under 18) | $2,345 |
Medical examination (approximate) | $350 – $500 |
Police clearances (varies by country) | $50 – $200+ |
Document translations (if needed) | $50 – $100 per page |
TOTAL (main applicant, no dependents) | $10,000 – $11,000+ |
Note: Visa fees are updated on 1 July each year. The above fees are current as of July 2025. Always verify the latest fees on the Department of Home Affairs website before applying.
In certain circumstances, the Department may grant both the temporary and permanent visas simultaneously (a “double grant”). This typically applies if:
Double grants are assessed conservatively and are not guaranteed. Our migration lawyer can advise whether your circumstances may qualify.
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Insufficient relationship evidence – A marriage certificate alone is not enough. You need comprehensive evidence across all four aspects (financial, household, social, commitment). Thin applications are frequently refused or delayed.
Applying while unlawful – If your visa has expired and you’re unlawful in Australia, you generally cannot apply for a Partner Visa onshore. There are very limited exceptions (Schedule 3 criteria), and these are assessed strictly.
Not continuing to gather evidence – The Department assesses your relationship at both the temporary and permanent stages. You need to keep collecting evidence throughout the two years between stages.
Ignoring requests for information – If the Department requests additional documents, respond promptly and completely. Delays or incomplete responses can result in refusal.
At CMI Legal, our experienced migration lawyers help couples prepare strong Partner Visa applications that give them the best chance of success. We understand how important it is to be together, and we’re here to support your journey.
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No. Marriage to an Australian citizen does not grant automatic residency rights. You must apply for a Partner Visa, which involves proving your relationship is genuine, meeting health and character requirements, and paying application fees. If approved, you receive permanent residency through a two-stage visa process.
The total process typically takes 2.5 to 4 years. You first receive a temporary Partner Visa (assessed over 12-18 months), then become eligible for the permanent visa two years after lodging your application. Some couples in long-term relationships may qualify for both visas simultaneously.
The government application fee is $9,365 for the main applicant (as of July 2025). Including medical examinations, police clearances, and document translations, most applicants should budget $10,000-$11,000 or more. If you engage a migration agent or lawyer, their fees are additional.
Potentially yes, but it depends on her visa conditions. Some tourist visas have a “No Further Stay” (8503) condition that prevents applying for most visas while in Australia. If there’s no such condition, she may be able to apply onshore for a Partner Visa and receive a Bridging Visa while it’s processed.
No, there is no age limit for Partner Visa applicants or sponsors. However, age may be relevant to other aspects of the application, such as demonstrating plans for your future together in Australia.
If your relationship ends while your application is being processed, your visa may be refused. However, in certain circumstances, such as family violence or the death of your sponsor, you may still be eligible for permanent residency. Seek legal advice immediately if your circumstances change.
Yes. Once you hold a temporary Partner Visa (Subclass 820 or 309), or a Bridging Visa A with work rights, you have full work rights in Australia. You can work for any employer in any occupation.
Yes. After holding permanent residency for at least 12 months and living in Australia for at least 4 years (including time on temporary visas), you may be eligible to apply for Australian citizenship. You’ll need to pass a citizenship test and meet character requirements.
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