Last updated: 30 March 2026

Partner Visa Australia: Subclass 820/801 and 309/100 Guide

The Australian partner visa is a two-stage pathway to permanent residency in Australia for the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen. It is one of the most personal and document-intensive visa categories in the Australian migration system — not because the eligibility criteria are complex, but because what you are required to prove is the authenticity of your relationship.

This guide covers both onshore and offshore pathways, what the Department of Home Affairs looks for, how to build a strong evidence file, the cost structure, and what happens at each stage of the two-stage grant process.

What Is the Partner Visa?

The partner visa allows a person in a genuine relationship with an eligible Australian sponsor to live and work in Australia. It is not a skills-based visa. Points do not apply. The central question the Department assesses is whether your relationship is genuine and ongoing.

There are two parallel pathways depending on where you are located when you apply:

Both pathways cover the same relationship types: married couples (spouse visa) and de facto couples who have been in a relationship for at least 12 months, or who are registered under a prescribed Australian law. Prospective marriage visa holders (subclass 300) can also transition to the partner visa once they marry.

The visa is sponsored — your Australian partner or spouse must sponsor you, and the Department assesses both the applicant and the sponsor.

Onshore vs Offshore: Which Pathway Applies to You?

Your location at the time you lodge the application determines which subclass you apply for. This is not a choice based on preference — it is determined by your circumstances.

Onshore pathway (820/801)

You apply for the subclass 820 if you are lawfully in Australia at the time of lodgement. This is the most common pathway for people already living with their partner in Australia on a student visa, working holiday visa, temporary work visa, or another valid visa.

When you lodge the 820, the Department automatically grants a bridging visa A (BVA). This allows you to remain in Australia lawfully and work while your application is assessed. If your current visa expires before the 820 is decided, the BVA keeps your status lawful.

Offshore pathway (309/100)

You apply for the subclass 309 if you are outside Australia at the time of lodgement. This pathway suits couples who are separated by international distance — for example, an Australian citizen sponsoring a partner who is still in their home country. The Australian sponsor does not need to be in Australia at the time of lodgement, but the applicant must be outside Australia.

Unlike the onshore pathway, there is no automatic bridging visa for the 309. You remain outside Australia until the temporary visa is granted, at which point you can enter Australia and live here while the permanent stage is assessed.

Some applicants are in Australia at lodgement but travel overseas before the visa is decided. This can affect which subclass applies. Get specific advice if your travel situation is unusual.

Partner Visa Requirements

Both pathways require you to satisfy the same core criteria:

Applicant requirements

• You are the spouse or de facto partner of the sponsor
• You are in a genuine, ongoing relationship
• You meet health requirements (medical examination)
• You meet character requirements (police clearances)
• You have no substantial debt to the Australian government

Sponsor requirements

• The sponsor is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
• The sponsor is at least 18 years of age
• The sponsor has not been refused as a sponsor or had a sponsorship cancelled
• The sponsor has not sponsored more than two previous partners (limits apply)
• The sponsor meets certain character requirements

If your sponsor has previously sponsored a partner visa applicant, the sponsorship limits and waiting periods that apply can affect your application. This is worth confirming with a registered migration agent before you lodge.

De facto couples must show that they have been in a de facto relationship for at least 12 months immediately before lodgement, unless there is a compelling reason why that period has not been reached (such as a child of the relationship or a registered relationship under Australian state or territory law).

Evidence of a Genuine Relationship

The Department assesses the genuineness of your relationship across four categories. You need strong, documented evidence across all four. A file that is rich in one area but thin in others raises questions.

Financial aspects

Show that you share financial obligations or assets. This includes joint bank accounts, joint loans, shared lease agreements, utility bills in both names, or evidence that one partner contributes financially to the other’s expenses. Account statements, loan documents, and property records all count here.

Household arrangements

Show that you live together, or that you have cohabited. Statutory declarations from both partners explaining your living arrangements carry weight, particularly when supported by joint utility bills, shared lease documents, and evidence that correspondence is directed to the same address.

Social aspects

Show that your relationship is recognised by others. Photos taken together over time in different settings, statements from friends and family, invitations to events that include both of you, social media evidence, and a statutory declaration from someone who knows you both well all contribute here. The key is breadth and consistency — not a single large file of photos, but documented social integration across multiple years.

Commitment

Show that you have made long-term commitments to each other. This includes knowledge of each other’s family background, evidence of future plans together, registered relationship certificates if applicable, marriage certificates, wills, powers of attorney, or nominated beneficiary documents.

For more detail on how to structure your evidence file, see our guide on partner visa evidence requirements.

Partner Visa Processing Time

The partner visa is one of the slower visa categories in the Australian system. Genuine processing timelines for the two-stage grant currently run to several years for most applicants.

Stage one (temporary grant)

The Department aims to finalise most stage-one applications within:

• Subclass 820: 20–33 months (75th percentile)
• Subclass 309: 17–36 months (75th percentile)

These timelines are approximate and shift based on caseload. Some applications move faster when the file is complete and the relationship is straightforward. Complex cases — where there are sponsor history issues, character concerns, or evidence deficiencies — take longer.

Stage two (permanent grant)

The permanent stage (801 or 100) cannot be assessed until at least two years have passed from the date the Department first received your partner visa application. This is a statutory requirement, not a processing queue issue. Once that two-year mark is reached, the Department assesses whether your relationship is still genuine and ongoing before deciding the permanent stage.

The total time from lodgement of the temporary stage to grant of the permanent visa typically ranges from three to five years.

For detailed current processing data, see our partner visa processing time page.

Partner Visa Cost

The partner visa is one of the more expensive visa categories in Australia’s migration program. The main application charge covers both the temporary and permanent stages — you do not pay a separate fee when the permanent stage is assessed.

These figures are current as of the 2025–26 program year. The visa application charge covers both the temporary (820 or 309) and permanent (801 or 100) stages — no second government fee is payable when the permanent stage is assessed. The charge is not refundable if the application is refused. Applicants transitioning from a subclass 300 Prospective Marriage visa pay a reduced rate of AUD $1,560.

For a complete fee breakdown including secondary applicants and agent costs, see our partner visa cost breakdown.

The Two-Stage Grant Process

The partner visa is a confirmed two-stage grant process. Both stages are lodged simultaneously — you pay one fee at the time of initial lodgement that covers the entire journey from temporary to permanent. Understanding the two-stage structure is important before you lodge. Many applicants are surprised to learn that approval of the first stage does not automatically mean the permanent visa will be granted.

Stage one — temporary visa

When the Department is satisfied that your relationship is genuine at the time of lodgement and that you and your sponsor meet the base eligibility criteria, it grants the temporary visa. This is the subclass 820 (onshore) or subclass 309 (offshore).

The temporary visa allows you to live and work in Australia. It is not permanent residency. You cannot count this period toward the citizenship residency requirement until the permanent stage is granted.

The two-year relationship assessment

The Department builds in a mandatory waiting period before the permanent stage can be assessed. This is two years from the date the partner visa application was first lodged — not two years from the date of the temporary grant. During this period, your relationship must remain genuine and ongoing.

Relationships that end before the two-year mark generally result in refusal of the permanent stage, unless family violence provisions apply. If your relationship breaks down, there are specific pathways that may still allow you to remain in Australia — a migration agent can advise on this.

Stage two — permanent visa

Once the two-year mark passes and the Department assesses your case, it looks at whether your relationship is still genuine. You will likely need to update your evidence file with more recent documents — bank statements, photos, correspondence, and a fresh statutory declaration. If satisfied, the Department grants the permanent visa (subclass 801 or 100), which is your pathway to full permanent residency.

Frequently Asked Questions

What is the difference between the 820 and the 309 partner visa?

The subclass 820 is for applicants who are already in Australia and want to remain here during processing. The subclass 309 is for applicants who are outside Australia at the time of application. Both lead to a permanent visa — 820 to 801, and 309 to 100 — but the stage at which you can travel and the bridging visa arrangements differ.

How long does it take to get a partner visa in Australia?

Processing times vary. The temporary stage (820 or 309) currently takes between 20 and 36 months for most applications. The permanent stage (801 or 100) is assessed after two years of the relationship being recognised, which typically adds another 6 to 18 months. Total timelines of three to five years from lodgement are common.

Can I work in Australia while my partner visa is being processed?

If you applied onshore for the subclass 820, you will be granted a bridging visa A that allows you to stay and work in Australia while your application is being assessed. If you applied offshore for the subclass 309, you generally need to remain outside Australia until a visa is granted, though travel restrictions vary.

Next Steps

If you are considering a partner visa, these are the steps that matter most before lodgement:

1. Confirm your sponsor’s eligibility — check their citizenship or residency status and any prior sponsorship history
2. Determine your pathway — onshore (820/801) if you are in Australia, offshore (309/100) if you are outside
3. Start building your evidence file now — the strength of your relationship evidence is the most important factor in your application
4. Understand the cost — the application charge is significant and non-refundable; see our partner visa cost breakdown
5. Check processing times — current wait times affect your planning; see partner visa processing time
6. Consider a MARA-registered migration agent — partner visa applications involve detailed evidence assessment and the stakes of refusal are high

For married couples, see our spouse visa Australia guide which covers the specific documentation requirements for married applicants.

If you are also exploring pathways for other family members, our parent visa Australia guide covers options for bringing parents to Australia permanently.