How to Get a Free Spousal Visa in Australia for Foreigners in 2026

If you’re planning to join your Australian partner in 2026, securing a Spousal Visa in Australia—officially the Partner visa (subclasses 820/801 onshore or 309/100 offshore)—is your best route. While no visa is truly free, this guide covers the full application process, all costs, eligibility criteria, processing stages, and smart strategies to avoid overpaying and speed up approval.

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Understanding the Spousal Visa in Australia (Partner Visa Subclasses)

Australia’s Partner visa involves two main pathways:

  • Onshore (Subclass 820 → 801): Apply while inside Australia. The 820 is temporary, followed by permanent PR with 801 after relationship duration requirements are met (SOL Migration).
  • Offshore (Subclass 309 → 100): Apply from outside Australia. First 309 gives temporary entry; after two years or meeting relationship criteria, you transition to permanent via subclass 100 (VisaEnvoy, Agape Henry Crux).

Eligibility: Who Can Sponsor or Apply?

Applicant must:

  • Be a spouse (legally married) or de facto partner of an Australian citizen, permanent resident, or eligible NZ citizen (Immigration Advice and Rights Centre).
  • If de facto, have lived together for at least 12 months, or be in a registered relationship in states like NSW, VIC, QLD etc., which may exempt the 12-month rule (Work Visa Lawyers).
  • Be at least 18 years old, meet health and character requirements, and not have prior visa refusals or cancellations unless compelling reasons exist (Immigration and citizenship Website).

Sponsor must:

  • Be an Australian citizen, permanent resident, or eligible New Zealand citizen.
  • Not have sponsored more than two partners in their lifetime, nor more than one within 5 years unless exceptional circumstances apply (LinkedIn, SOL Migration).
  • Have no disqualifying criminal or child-related convictions.
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How Much Does the Spousal Visa Cost—and Can It Be “Free”?

While you cannot get a visa completely free, choosing your timing smartly can minimize fee increases.

  • Effective from 1 July 2025, the visa application charge for Partner visa will rise to AUD 9,365 for the main applicant; additional adults AUD 4,685; minors AUD 2,345 (emigratelawyers.com.au).
  • Fees must be paid upfront for both temporary and permanent stages at lodgment.
  • There are no waivers—this is a genuine cost of engaging Australia’s immigration system.
  • You may qualify for a Schedule 3 waiver if you’re unlawful in Australia without a substantive visa, but this does not waive fees—only location restrictions (Agape Henry Crux, bestimmigrationlawyers.com.au).

Tip: Prepare and submit your full application before the fee increase (end of June 2025) to lock in lower cost (emigratelawyers.com.au, Visa Crew).

Step-by-Step How to Apply (Efficiently & Completely)

Step 1: Choose the right subclass

  • Onshore subclass 820/801 if you’re already in Australia on a valid substantive visa.
  • Offshore subclass 309/100 if you’re abroad or cannot apply from within Australia (Agape Henry Crux).

Step 2: Prepare documentation

  • Identity proof (passport, birth certificate), relationship evidence, financial sharing, household joint living documents, photos, messages etc., covering the four pillars: financial, social, household, and commitment (Agape Henry Crux).
  • Police certificates, health checks, translations where needed.

Step 3: Lodge online via ImmiAccount

  • Pay the Application Charge in June 2025 to reduce costs.
  • Include dependent children in one application for additional fees.
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Step 4: Receive temporary subclass 820 or 309

  • Onshore: you get Bridging Visa A, work/study rights, Medicare access, travel within Australia (VisaEnvoy, SOL Migration, Agape Henry Crux).
  • Offshore: you wait overseas until subclass 309 is approved, then must enter Australia to activate it.

Step 5: Permanent visa stage after 24 months (or earlier if eligible)

Processing Times & What to Expect

  • Onshore subclass 820: 50% within ~14 months, 90% within ~27 months; subclass 801: 8–15 months thereafter (Agape Henry Crux).
  • Offshore subclass 309: 50% processed within ~17 months, 90% within ~25 months; subclass 100: 10–19 months later.
  • Sponsor obligations end two years after 820 grant even if 801 is granted immediately thereafter (Agape Henry Crux, VisaEnvoy).

Pro Tips to Streamline Your Application and Minimize Costs

  1. Apply before July 2025 to avoid fee increases (emigratelawyers.com.au, Visa Crew).
  2. Ensure consistency—small discrepancies in dates or addresses can trigger additional checks or delays (Agape Henry Crux).
  3. Document your relationship thoroughly, including travel together, shared finances, cohabitation, social proof etc.
  4. Consider State-based relationship registration (e.g., NSW, VIC) to bypass the 12-month cohabitation requirement (VisaEnvoy).
  5. If you’re unlawful but still in Australia, explore Schedule 3 waiver options rather than leaving immediately—it allows onshore lodgement with additional steps (bestimmigrationlawyers.com.au).
  6. Keep sponsor obligations in mind—don’t expect to switch sponsor within five years or sponsor multiple partners without waiting (LinkedIn).
  7. Use a migration agent or legal specialist if your case involves prior refusals, unlawful status, family violence or complex finances (Agape Henry Crux).
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Summary: Your Roadmap to a Free-Spouse-Visa Strategy (Practically)

Goal Strategy
Minimize fees Lodge before 1 July 2025 to avoid fee rise
Apply onshore/offshore appropriately Choose 820/801 if in Australia; 309/100 if abroad
Prove relationship strength Four pillars evidence + optional state registration
Keep documents consistent and clear Check dates, translations, police checks
Handle unlawful status legally Use Schedule 3 waiver if needed
Plan transition to PR Apply for permanent stage after 2 years or earlier if eligible

Final Thoughts

Achieving a Spousal Visa in Australia in 2026 requires a clear understanding of the Partner visa subclasses, costs, documentation standards, and sponsor obligations. While it’s not truly free, you can significantly reduce expenses by planning ahead—particularly by filing before the visa fee increase in July 2025. A robust application with genuine, consistent evidence, lodged timely, can secure both temporary residence and permanent residency within a few years.

Start building your supporting evidence today, plan your lodgment before the fee hike, and consider expert advice if your situation is complex. With the right strategy and preparation, you’ll be on your way to living in Australia with your partner under the Partner visa framework.