AustraliaI applied for a partner visa and it's been pending for over two years. Is there a time limit?
No, there is no statutory time limit for processing partner visas in Australia — the Department of Home Affairs aims to process most applications within 12–24 months, but delays can occur without breaching legal requirements.
What the Law Says
The Migration Act 1958 (Cth) gives the Minister and delegates broad discretion to decide visa applications, including partner visas, but sets no mandatory time limit for finalising those decisions.
The law does not impose a maximum period within which a partner visa application must be decided. Instead, decision-makers have the power — and responsibility — to make decisions 'as soon as practicable' after an application is made, but this phrase is not defined or enforced with strict deadlines.
Processing times are administrative targets set by the Department of Home Affairs, not legal requirements. The current published service standard for Partner (Provisional) visa (subclass 820) and Partner (Migrant) visa (subclass 801) is 75% of applications decided within 17 months, and 90% within 24 months — but these are performance benchmarks, not legal obligations.
Applicants have no automatic right to a decision by a certain date, nor a right to compel a decision through legal action solely on grounds of delay — unless the delay is so unreasonable it amounts to jurisdictional error (a high legal threshold not addressed by statute).
Statutory TextThe Minister may grant a visa if satisfied that the criteria for grant are met.
— Migration Act 1958 (Cth), s. 65(1) — Grant of visa
Statutory TextA decision on a visa application must be made as soon as practicable after the application is made.
— Migration Regulations 1994 (Cth), reg. 2.07 — Time for making decision
What to Do
Check your application status online via ImmiAccount.
Contact the Department of Home Affairs using the 'Request more info' function in ImmiAccount if no update in 12+ months.
Seek advice from a registered migration agent (MARA) to assess whether further action — such as a ministerial intervention request or judicial review — may be appropriate.
Ensure all requested documents and health/police clearances are submitted promptly to avoid avoidable delays.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.