Partner (Residence) (Class BS)
F2026C00497 · Compilation No. 287As in force on 1 June 2026
View on the Federal Register of LegislationSubclasses in this class
Open a subclass for its full Schedule 2 criteria and conditions.
Schedule 1 application requirements
(1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(2) Visa application charge:
(a) first instalment (payable at the time the application is made):
(i) for an applicant:
(A) who is the holder of a Subclass 445 (Dependent Child) visa; or
(B) whose application is combined, or sought to be combined, with an application made by that person:
the amount is nil; and
(ii) for an applicant:
(A) who is the holder of a transitional (temporary) visa, granted on the basis that the holder satisfied the criteria for grant of an extended eligibility entry permit under the Migration (1989) Regulations; or
(B) whose application is combined, or sought to be combined, with an application made by that person:
| Item | Component | Amount |
|---|---|---|
| 1 | Base application charge | $560 |
| 2 | Additional applicant charge for an applicant who is at least 18 | $280 |
| 3 | Additional applicant charge for an applicant who is less than 18 | $145 |
(iii) for an applicant who:
(A) is not the holder of a substantive visa; and
(B) entered Australia before 19 December 1989; and
(C) at the time of entry, was engaged to be married to a person who was an Australian citizen or Australian permanent resident; and
(D) has subsequently married that person;
or whose application is combined, or sought to be combined, with an application made by that person:
| Item | Component | Amount |
|---|---|---|
| 1 | Base application charge | $1 980 |
| 2 | Additional applicant charge for an applicant who is at least 18 | $990 |
| 3 | Additional applicant charge for an applicant who is less than 18 | $500 |
(iv) for an applicant who:
(A) is not the holder of a substantive visa; and
(B) entered Australia on or after 19 December 1989 as the holder of a prospective marriage (code number 300) entry permit granted under the Migration (1989) Regulations, or a Class 300 (prospective marriage) entry permit granted under the Migration (1993) Regulations; and
(C) ceased to hold a substantive visa after marrying the Australian citizen or Australian permanent resident whom the applicant entered Australia to marry;
or whose application is combined, or sought to be combined, with an application made by that person:
| Item | Component | Amount |
|---|---|---|
| 1 | Base application charge | $1 980 |
| 2 | Additional applicant charge for an applicant who is at least 18 | $990 |
| 3 | Additional applicant charge for an applicant who is less than 18 | $500 |
(v) for an applicant who:
(A) is the holder of a Prospective Marriage (Temporary) (Class TO) visa; and
(B) is married to the person who was specified as the applicant’s intended spouse in the application for that visa; and
(C) seeks to remain in Australia permanently on the basis of that marriage;
or whose application is combined, or sought to be combined, with an application made by that person:
| Item | Component | Amount |
|---|---|---|
| 1 | Base application charge | $1 560 |
| 2 | Additional applicant charge for an applicant who is at least 18 | $785 |
| 3 | Additional applicant charge for an applicant who is less than 18 | $390 |
(va) for an applicant:
(A) who is covered by subitem (2A); or
(B) whose application is combined, or sought to be combined, with an application made by that person:
| Item | Component | Amount |
|---|---|---|
| 1 | Base application charge | $1 560 |
| 2 | Additional applicant charge for an applicant who is at least 18 | $785 |
| 3 | Additional applicant charge for an applicant who is less than 18 | $390 |
(vi) In the case of an applicant who:
(A) is not the holder of a substantive visa; and
(B) entered Australia as the holder of a Prospective Marriage (Temporary) (Class TO) visa; and
(C) ceased to hold that visa after marrying the Australian citizen, Australian permanent resident or eligible New Zealand citizen whom the applicant entered Australia to marry; and
(D) seeks to remain in Australia permanently on the basis of that marriage;
or whose application is combined, or sought to be combined, with an application made by that person:
| Item | Component | Amount |
|---|---|---|
| 1 | Base application charge | $1 980 |
| 2 | Additional applicant charge for an applicant who is at least 18 | $990 |
| Item | Component | Amount |
|---|---|---|
| 3 | Additional applicant charge for an applicant who is less than 18 | $500 |
(via) for an applicant:
(A) who is covered by subitem (2B); or
(B) whose application is combined, or sought to be combined, with an application made by that person:
| Item | Component | Amount |
|---|---|---|
| 1 | Base application charge | $1 980 |
| 2 | Additional applicant charge for an applicant who is at least 18 | $990 |
| 3 | Additional applicant charge for an applicant who is less than 18 | $500 |
(vii) for any other applicant:
| Item | Component | Amount |
|---|---|---|
| 1 | Base application charge | $9 365 |
| 2 | Additional applicant charge for an applicant who is at least 18 | $4 685 |
| 3 | Additional applicant charge for an applicant who is less than 18 | $2 345 |
Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application. Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.
(b) the second instalment (payable before grant of visa) is nil.
(2A) An applicant is covered by this subitem if the applicant:
(a) is the holder of a Prospective Marriage (Temporary) (Class TO) visa; and
(b) seeks to satisfy the primary criteria set out in subclause 801.221(6AA) of Schedule 2.
(2B) An applicant is covered by this subitem if the applicant:
(a) is not the holder of a substantive visa; and
(b) entered Australia as the holder of a Prospective Marriage (Temporary) (Class TO) visa; and
(c) seeks to satisfy the primary criteria set out in subclause 801.221(6AB) of Schedule 2.
(3) Other:
(a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(b) The applicant must be in Australia, but not in immigration clearance.
(c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Partner (Residence) (Class BS) visa may be made at the same time and place as, and combined with, the application by that person.
(d) If the applicant holds a Subclass 820 (Partner) visa or a Subclass 309 (Partner (Provisional)) visa at the time of making the application for the Partner (Residence) (Class BS) visa, the applicant must not have had any of the following visas refused in the 21 days immediately before making the application for the Partner (Residence) (Class BS) visa:
(i) a Subclass 100 (Spouse) visa;
(ii) a Subclass 100 (Partner) visa;
(iii) a Subclass 110 (Interdependency) visa;
(iv) a Subclass 309 (Spouse (Provisional)) visa;
(v) a Subclass 309 (Partner (Provisional)) visa;
(vi) a Subclass 310 (Interdependency (Provisional)) visa;
(vii) a Subclass 801 (Spouse) visa;
(viii) a Subclass 801 (Partner) visa;
(ix) a Subclass 814 (Interdependency) visa;
(x) a Subclass 820 (Spouse) visa;
(xi) a Subclass 820 (Partner) visa;
(xii) a Subclass 826 (Interdependency) visa.
(e) Subject to subitem (3A), if the applicant is a person to whom section 48 of the Act applies, the applicant:
(i) must not have been refused any of the following visas since last entering Australia:
(A) a Subclass 100 (Spouse) visa;
(B) a Subclass 100 (Partner) visa;
(C) a Subclass 110 (Interdependency) visa;
(D) a Subclass 309 (Spouse (Provisional)) visa;
(E) a Subclass 309 (Partner (Provisional)) visa;
(F) a Subclass 310 (Interdependency (Provisional)) visa;
(G) a Subclass 801 (Spouse) visa;
(H) a Subclass 801 (Partner) visa;
(I) a Subclass 814 (Interdependency) visa;
(J) a Subclass 820 (Spouse) visa;
(K) a Subclass 820 (Partner) visa;
(L) a Subclass 826 (Interdependency) visa; and
(ii) must provide, at the same time and place as making the application, the approved form specified by the Minister in a legislative instrument made for this subparagraph under subregulation 2.07(5) that has been
completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who claims to be the spouse or de facto partner of the applicant (the partner); and
(iii) must provide, at the same time and place as making the application, 2 statutory declarations each of which:
(A) is made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner; and
(B) declares that the applicant and the partner are in a married relationship or de facto relationship; and
(C) was declared no more than 6 weeks before the day on which the application for the Partner (Residence) (Class BS) visa was made.
(3A) For paragraph (3)(e):
(a) the applicant is taken to have met the requirements of the paragraph if the applicant:
(i) is a person to whom section 48 of the Act applies; and
(ii) claims to be a dependent child of a person who has met the requirements of paragraph (3)(e); and
(b) if the applicant leaves and re-enters the migration zone while holding a bridging visa, the applicant is taken to have been continuously in the migration zone despite the travel.

