Partner (subclass 820801, 309100, 300)

Partner Visas

Partner visas allow the spouse, de facto partner, or fiancé of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. These visas can be applied for onshore or offshore, depending on your circumstances, and generally lead to permanent residency.

Key Benefits of Partner Visas

• Live in Australia with your partner.
• Work and study with no restrictions.
• Access Medicare (healthcare system).
• Pathway to permanent residency and Australian citizenship.

Who can be a sponsor?

The sponsor requirements are:

• The sponsor must be an Australian Permanent Resident, Australian citizen, or eligible New Zealand citizen
• The sponsor can only sponsor 2 spouses or De Facto partners in his/her lifetime, and can only sponsor 1 spouse or De Facto partner within 5 years unless in an exceptional circumstance
• The sponsor cannot hold a Spouse Visa sponsored by another person in the past 5 years

• The sponsor needs to pass the character test

Meet Relationship Requirements

To qualify for a Partner visa, you must be the spouse or de facto partner of an:

• Australian citizen,
• Australian permanent resident, or
• eligible New Zealand citizen.

This requirement applies both at the time of lodgement and when your application is decided.

Your relationship can be with someone of the same or different sex.

Married Partner (Spouse)

You are considered a married applicant if your marriage is legally valid under Australian law, and:

• You and your spouse have a mutual commitment to a shared life, to the exclusion of all others.
• Your relationship is genuine and continuing.
• You live together or do not live permanently apart.
• You are not related by family.

• A marriage is not valid if either person did not freely and fully consent.

De Facto Partner

You and your partner are in a de facto relationship if:

• You are not married to each other.
• You have a mutual commitment to a shared life together.
• Your relationship is genuine and continuing.
• You live together or do not live permanently apart.
• You are not related by family.

12-Month Requirement

Generally, you must have been in a de facto relationship for at least 12 months immediately before applying. Time spent only dating or in an online relationship does not usually count.

However, the 12-month requirement may be waived if:

• Compelling and compassionate circumstances exist
• Your partner holds or held a permanent humanitarian visa, and your relationship existed before that visa was granted.
• Your relationship is formally registered with an Australian state or territory authority (e.g., births, deaths, and marriages registry).

Visa Options

1. Subclass 820 Partner visa (temporary) & Subclass 801 Partner visa (Permanent)
2. Subclass 309 Partner (temporary) & Subclass 100 Partner visa (Permanent)
3. Subclass 300 Prospective Marriage visa
4. Subclass 820 & 801 – Onshore Partner Visa

• Subclass 820 (Temporary) and Subclass 801 (Permanent) are for applicants already in Australia.
• You apply for both visas at the same time. The 820 is granted first, allowing you to live, work and study in Australia while your 801 permanent visa is processed.
• The permanent 801 stage is usually assessed two years after lodgement, unless you qualify for an early grant (e.g. long-term relationship, children together).
• While waiting, you may be granted a Bridging Visa with full work rights and Medicare access.

2. Subclass 309 & 100 – Offshore Partner Visa

• Subclass 309 (Temporary) and Subclass 100 (Permanent) are for applicants applying from outside Australia.
• The 309 visa lets you enter and live in Australia with your partner while the 100 permanent stage is processed.
• Like the onshore pathway, the 100 visa is usually considered two years after the initial application.
• You will have full work rights, study rights, Medicare access, and multiple travel rights while on the temporary 309 visa.

3. Subclass 300 – Prospective Marriage Visa

• The Subclass 300 is a temporary visa for engaged couples. It allows you to come to Australia, marry your partner within 9–15 months, and then apply for the onshore 820/801 Partner Visa.
• This visa is only available to applicants who are outside Australia at the time of application.
• The 300 visa gives you full work and study rights and allows multiple entries during its validity.
• After marriage, you can transition onto the onshore partner visa pathway toward permanent residency.

Evidence of the Relationship

When applying for a Partner visa, you and your partner must show evidence that your relationship is genuine and continuing. The Department of Home Affairs assesses four main areas: Finances, Household, Social Matters, and Commitment.

1. Finances

Show that you and your partner share financial responsibilities. Evidence may include:

• Joint mortgage or lease documents.
• Joint loan documents for major assets (e.g., homes, cars, appliances).
• Joint bank account statements.
• Household bills in both names.

2. Household

Demonstrate that you share domestic arrangements. Evidence may include:

• A statement about how you share housework.
• Household bills in both names.
• Mail or emails addressed to both partners.
• Documents showing joint responsibility for children.
• Evidence of your living arrangements.

3. Social Matters

Show that others know about and recognise your relationship. Evidence may include:

• Form 888 – Supporting Statement completed by at least 2 witnesses who:

• Are aged 18 or over,
• Know both you and your partner, and
• Can confirm your relationship.
• If the witness is an Australian citizen or permanent resident, provide proof such as a passport or birth certificate.

• Joint invitations or proof you attend events together.
• Evidence of shared friends or networks.
• Proof you have informed government, public, or commercial bodies of your relationship.
• Evidence of joint sporting, cultural, or social activities.
• Travel records showing trips taken together.

4. Commitment

Provide evidence that your relationship is genuine, long-term, and exclusive. Evidence may include:

• Knowledge of each other’s personal background, family, and life details.
• Evidence of shared personal matters (e.g., joint insurance, superannuation beneficiaries).
• Records of staying in contact when apart (messages, calls, emails).
• Terms of your wills.
• Proof you are not related by family.

Partner Visa Comparison

Summary

Partner visas provide a clear pathway for couples to reunite and live together in Australia. Whether you are onshore (820/801), offshore (309/100), or engaged and applying for a Prospective Marriage visa (300), each option allows you to live, work, and study in Australia with your partner, and ultimately become a permanent resident.

The key to a successful application is providing comprehensive, genuine evidence of your relationship across all four assessment areas. A well-prepared application not only reduces processing delays but also strengthens your chance of approval.