Australia Partner Visa Guide: Subclass 820, 801, 309 and 100 Explained

A partner visa lets the husband, wife or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia. It is one of the most personal of all Australian visas, because the Department of Home Affairs does not only look at documents. It looks at the whole relationship and asks whether it is genuine and continuing. This guide explains the partner visa family, the difference between the onshore and offshore routes, the two-stage process that leads to a permanent visa, the evidence that matters, the role of the sponsor and the mistakes that cause delays or refusals. It is general information, not legal advice, and you should always check the Department’s website for current rules, fees and processing times.

The partner visa family in one view

Partner visas are grouped by where the applicant is when applying, and by whether the visa is temporary or permanent.

• Onshore partner visa. Applied for from inside Australia. This is a combined application for the temporary subclass 820 visa and the permanent subclass 801 visa.
• Offshore partner visa. Applied for from outside Australia. This is a combined application for the temporary subclass 309 visa and the permanent subclass 100 visa. Our page on the subclass 309 visa explains the first stage of the offshore route.

In both cases you lodge one application and pay one visa application charge. The Department first decides the temporary visa. Then, usually about two years after you lodged the application, it assesses whether you can be granted the permanent visa, by looking at the relationship again and at your health and character.

Who can apply

You may be able to apply if you are in one of these situations.

• You are married to your sponsor.
• You are in a de facto relationship with your sponsor, which means a genuine and continuing relationship as a couple living together on a permanent basis, usually for at least twelve months, unless an exception applies.
• You are in a registered relationship in an Australian state or territory that recognises it, which can meet the de facto requirement in some cases.

Your sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and must be able to meet the sponsor requirements. Both of you must be at least 18, and you must not be related in a way that would make the relationship unlawful. A prospective marriage visa is a different visa with different rules and is not covered in this guide.

The key legal tests

The Department typically considers four broad areas. Understanding them makes it easier to prepare your evidence.

Is the relationship genuine and continuing?

The Department looks at the relationship across four themes that are commonly described as financial aspects, the nature of the household, social context and the nature of your commitment. You should be able to explain, with documents and statements, how you share money and responsibilities, how you live together, how family and friends see you as a couple and how you show a commitment to a shared life.

Are you married or in a de facto relationship?

If you are married, you provide a marriage certificate and show that the marriage is valid under Australian law. If you are in a de facto relationship, you show that you have lived together as a couple for the required time, or that you meet the registered relationship rule.

Does the sponsor meet the requirements?

The sponsor must be eligible, must agree to sponsor you, and must be willing to provide information. A sponsor may be subject to limits if they have sponsored a partner before, or if they have certain criminal convictions. The rules are detailed, so the sponsor should read the official guidance.

Do you meet health and character?

You and your included family members must meet health requirements and provide police certificates for countries where you have lived for the required periods. A health or character issue does not always mean refusal, but it needs careful handling.

The two-stage process explained

Stage one: the temporary visa

When you lodge the application, the Department considers whether you meet the criteria for the temporary visa. If you are inside Australia, you are normally granted a bridging visa that allows you to remain while the application is processed. You are usually granted the temporary visa after the Department is satisfied that the relationship is genuine and the other requirements are met. Temporary visa holders can live and work in Australia, and in most cases enrol in Medicare, but not every condition is the same, so check yours.

Stage two: the permanent visa

Roughly two years after lodging, the Department assesses the permanent visa. You will be asked to confirm that the relationship is continuing and to give updated evidence. In some cases, the Department can grant the permanent visa earlier, for example where the relationship is long-term or there are children. After the permanent visa is granted, you can stay in Australia indefinitely and eventually apply for citizenship if you meet the requirements.

Evidence that helps your case

No single document proves a relationship. The Department looks for a pattern across several kinds of evidence. Keep collecting as you go, because strong evidence is built over time, not in the week before you lodge.

• Financial. Joint bank accounts, shared bills, a joint lease or mortgage, shared expenses and evidence that you support each other.
• Household. Proof of a shared address, such as utility bills, letters, tenancy documents and electoral records, plus evidence of how you share household tasks.
• Social. Photos together over time, invitations addressed to both of you, travel records, messages and statements from family and friends who know you as a couple.
• Commitment. Evidence of your plans for the future, wills, insurance policies listing each other and statements about your decision to build a life together.

Statements from friends and relatives are usually submitted as formal declarations, and they should describe how the person knows the couple and what they have seen. Keep the tone honest and specific, avoiding generic praise. Stories with dates and details are more helpful than long lists of adjectives.

Sponsor obligations

A sponsor takes on responsibilities. They may need to provide a statement of support, give evidence of their own status and character and, for some visas, accept an obligation to support the applicant for a period. If the relationship ends, tell the Department. The sponsor can also withdraw sponsorship in some circumstances, which can lead to the visa being cancelled or refused, so both partners should understand the consequences.

Onshore or offshore: which one applies to you?

The choice depends mostly on where you are when you apply. If you live in the UK and your partner is Australian, you will probably consider the offshore route, with the temporary 309 and the permanent 100. If you are in Australia on a valid visa that allows you to apply onshore, you may use the 820 and 801 route. Some visas have a condition that stops you from applying for another visa onshore, so check your conditions before you lodge. If you are not sure whether you can apply onshore, ask a registered professional before you lodge.

Common mistakes

• Submitting a thin application with few documents and relying on one statement from a friend.
• Assuming a marriage certificate is enough. It proves the marriage, but not that the relationship is genuine.
• Inconsistent dates, such as differences in when you met, moved in together or got married across forms and statements.
• Using inconsistent addresses across documents without explanation.
• Not telling the Department about a change in circumstances, such as separation or the birth of a child.
• Not keeping evidence while waiting for the second stage.
• Letting a bridging visa or other status lapse.

Costs

The partner visa application charge is one of the higher visa charges. There may also be a separate charge for additional applicants, such as dependent children. Besides the visa charge, plan for police certificates, medical examinations, translations, document certification and, if you use one, an agent. Fees change each year, so confirm them on the Department’s website and do not rely on figures from old articles.

Processing times and what you can do while you wait

Processing times vary widely by visa and by workload. Check the Department’s published processing times guide for the current position. While you wait, keep your evidence up to date, answer any request for information quickly and make sure your contact details are current. If you are outside Australia, plan your life around the possibility of a long wait. If you are inside Australia, check the conditions of your bridging visa and the travel rules.

Parents, children and other family

If you have dependent children, they may be included in the application, and the rules for them differ depending on whether they are your children, the sponsor’s children or both. If you are planning to bring a parent to Australia, a partner visa does not cover them, but our guides to permanent parent visas and the subclass 103 parent visa explain separate options. For other relatives, see the remaining relative visa and the carer visa.

If the relationship ends

A relationship can end during the process. If it does, the visa position can be complex, and the right action depends on the stage and the circumstances. There are some protections for applicants who have experienced family violence, and specific rules apply. If you are in this situation, seek legal advice as soon as possible and contact support services. You should never stay in an unsafe relationship because of a visa.

How GIEC Global UK can help

We can help you understand which partner visa fits your situation, explain what the Department looks for and talk through the evidence you may want to collect. We cannot guarantee a visa. For a free consultation, contact GIEC Global UK, or return to the Australia migration hub to compare other routes.

Building your relationship evidence in a practical way

Many couples feel anxious about evidence because they do not know how much is enough. There is no fixed number of documents. What matters is whether the evidence, taken as a whole, tells a believable story. The best approach is to build a timeline and then attach documents to each stage.

Step one: write a relationship timeline

Write down when and how you met, when the relationship became serious, when you started living together, when you got engaged or married, any periods living apart and why, major trips together and big decisions you made as a couple. Keep it factual and consistent. This timeline helps you prepare your statement and helps you notice gaps in your evidence.

Step two: match documents to the timeline

For each event, ask what document might show it. A holiday could be shown by booking confirmations and photos. A move could be shown by a lease and change of address notices. A wedding could be shown by the certificate, photos and invitations. A joint decision could be shown by a joint account or an insurance policy. If a period has no evidence, think about whether you can obtain something, such as a letter from a landlord or an employer, or bank statements for that period.

Step three: add declarations from people who know you

Third party statements help when they are specific. A friend might describe a dinner where you attended as a couple, how long they have known you together and how they see you share life. A relative might describe family events. Statements should come from people who really know the couple, include the writer’s details and be signed in the form the Department requires. They should not be copied from a template.

Step four: keep adding evidence after you lodge

You are usually asked to update your evidence before the second stage, so continue to collect it. Keep your joint bills, photos with dates, travel records and anything that shows your life together. A steady record is more persuasive than a late rush.

Long distance relationships and time apart

Many couples apply from different countries, and the Department understands this. If you have lived apart for long periods, explain why, for example work, study, family duties or visa limits. Show that you stayed in regular contact, travelled to see each other where possible and planned a future together. Keep call logs, message histories, flight records and records of money transfers. If you intend to live together once the visa is granted, evidence of your plans, such as house searches and discussions about jobs, can support your case.

Cultural and family context

Relationships look different in different cultures. If you had an arranged or family-introduced marriage, you can still show that the relationship is genuine and continuing. Explain how you met and how the relationship developed, and provide evidence of the wedding, family involvement and your life as a couple after the marriage. If you do not share a language fluently, explain how you communicate. The Department looks at the whole context, so be clear and honest.

Previous relationships and children

If either of you has previous relationships, you may need to provide evidence that earlier marriages or de facto relationships ended, such as divorce papers or death certificates. If either of you has children from earlier relationships, there may be questions about custody and access, particularly if a child will move to Australia. Keep court orders, parenting agreements and consent documents. Where a child is under 18 and moving with only one parent, written consent from the other parent may be required.

The role of the interview and further information requests

In some cases the Department may ask for more evidence or ask to interview one or both of you. Treat requests seriously and respond within the time allowed. If there is an interview, answer honestly and do not guess. It is fine to say that you do not remember a detail. Inconsistencies between your answers and your documents can cause concern, which is why a shared timeline helps you recall events accurately.

Pre-application checklist

Use this checklist before you lodge.

1. Confirm that you and your sponsor are eligible and that you understand the sponsor’s role.
2. Decide whether the offshore or onshore route applies to you.
3. Gather identity documents, the marriage certificate or de facto evidence and proof of any previous relationship endings.
4. Collect evidence in each of the four areas: financial, household, social and commitment.
5. Prepare statements from you and your sponsor.
6. Arrange third party declarations.
7. Obtain police certificates and plan your health examinations.
8. Check the current fees and the Department’s instructions on how to lodge.
9. Keep a copy of everything.

Mistakes people regret

Some mistakes are easy to avoid if you know about them. Do not submit documents that you cannot explain. Do not claim a start date for the relationship that differs from your other documents. Do not invent evidence or ask friends to sign statements that are untrue. A false statement can lead to refusal and to a ban on future applications. If you realise that you made an error in an earlier form, correct it as soon as you can and seek advice.

Where to go next

The next step depends on your location and circumstances. If you are applying from the UK, read about the subclass 309 visa and the subclass 100 visa. If you are in Australia, read about the subclass 820 visa and the subclass 801 visa. If you are waiting for a decision on your bridging visa, our page on Bridging visa A explains how it works in general. As always, please confirm the current rules on the official website.

Understanding health requirements for you and your family

Health checks are a standard part of the process and apply to the applicant and to included family members, whether or not they are travelling with you. You will be told how to arrange a medical examination, usually through an approved panel physician and the Department’s online system. The examination may include a physical check, a chest X-ray and blood tests, depending on your age and circumstances. The results are sent directly to the Department. If a health issue is identified, a medical officer assesses whether it meets the health requirement, and in some cases there is a waiver for certain visas. If you or a family member has a health condition, talk to a professional early. It is better to understand the issue before you lodge than to be surprised after.

Understanding character requirements

You must provide police certificates from countries where you have lived for a certain period and may need to answer questions about any criminal history. If you have a conviction, even many years ago, declare it as asked and keep the court papers if you have them. The Department looks at the type and seriousness of the offence and the sentence. A minor old offence may not prevent a visa, but an undeclared offence can lead to refusal. Be accurate and complete in every form.

Working, studying and healthcare while you wait

If you are in Australia and hold a bridging visa, check its work and study conditions. Some bridging visas allow full work rights, while others restrict work or study. Access to Medicare may depend on your visa status and whether you have applied for a partner visa. Check the Services Australia website for the current rules, and consider private health cover if you are not eligible for Medicare.

If you are outside Australia, you cannot work in Australia until a visa that allows it has been granted. While you wait, you can continue your life in the UK and plan the move. Think about notice periods, housing, schooling and how to ship belongings. Check Australia’s biosecurity rules before you ship anything.

Money, tax and the early months

Moving for a partner can feel romantic and practical at the same time, and both sides matter. Talk openly with your partner about money. Decide how you will share costs, how you will manage savings, whether you will use joint accounts and how you will handle debts from before the relationship. These conversations help your relationship and also produce natural evidence of the financial side of your life together.

After arrival, you will need a Tax File Number to work, a bank account and possibly a licence conversion. If you hold a temporary visa, check the rules about Centrelink and other payments, because many temporary visa holders have a waiting period or are not eligible for certain benefits. Do not assume that you have the same entitlements as a permanent resident.

Respectful, safe and honest relationships

A partner visa should be based on a real relationship. If you feel pressured, controlled or unsafe, get help. In Australia, domestic and family violence support services are available, and special visa provisions may protect people who have experienced violence. If you are in the UK and feel unsafe, contact local support services as well. You should never be forced to remain in a relationship because of immigration status.

Frequently misunderstood points

• “A marriage guarantees a visa.” It does not. The Department assesses whether the relationship is genuine and continuing, and whether all other requirements are met.
• “We must live together for years before we marry.” For a married couple, there is no fixed minimum cohabitation period, but you still need to prove a genuine relationship. For de facto partners, the twelve month rule usually applies, subject to exceptions.
• “I can work as soon as I lodge.” Work rights depend on the visa you hold. An application alone does not give work rights.
• “The second stage is automatic.” It is not automatic. The Department reassesses the relationship, so keep your evidence up to date.
• “The sponsor can do anything on my behalf.” The applicant is responsible for the application and for the truth of the information provided.

Final thoughts

Preparing a partner visa application takes patience and honesty. The most convincing cases are not the ones with the most paper. They are the ones where the documents tell a coherent, believable story of two people building a shared life. Start collecting evidence early, keep your timeline consistent, respond to the Department promptly and confirm each detail on the official website. If you would like to talk through your situation, you can contact GIEC Global UK for a free consultation.

Frequently asked questions

What is an Australian partner visa?

It is a visa for the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen. It usually has two stages, a temporary visa followed by a permanent visa.

What is the difference between subclass 820 and subclass 309?

Subclass 820 is the temporary onshore partner visa, applied for from inside Australia. Subclass 309 is the temporary offshore partner visa, applied for from outside Australia.

What is the difference between subclass 801 and subclass 100?

Subclass 801 is the permanent onshore partner visa and subclass 100 is the permanent offshore partner visa. They follow the temporary 820 and 309 respectively.

Do I lodge two separate applications for the temporary and permanent visas?

No. You lodge one combined application and pay one charge. The Department decides the temporary visa first, then assesses the permanent visa later.

How long does a partner visa take?

Processing times vary and change often. Check the Department's current processing time guide, and remember that the permanent visa assessment usually comes about two years after lodging.

Can I apply for a partner visa if I am not married?

Yes, if you are in a genuine de facto relationship, usually with at least twelve months living together, or you meet the registered relationship rule or another exception.

What evidence proves a genuine relationship?

Evidence of finances, household, social life and commitment, such as joint accounts, shared bills, photos, travel, messages and statements from friends and family.

Can I work in Australia on a partner visa?

Temporary partner visa holders can generally work, but conditions vary. If you hold a bridging visa while waiting, check its work conditions.

Can I stay in Australia while my partner visa is processed?

If you apply onshore and hold a substantive visa when you lodge, you are normally granted a bridging visa. Check the conditions, including travel rights.

Can I apply for a partner visa from the UK?

Yes. If you are outside Australia, you normally apply for the offshore partner visa, which includes the temporary 309 and the permanent 100.

What if our relationship ends during processing?

Tell the Department and seek advice. The outcome depends on the stage and circumstances, and there are special protections for some people affected by family violence.

Can my children be included in the application?

Dependent children can often be included, and their eligibility depends on their relationship to you and the sponsor. Each child must meet health and character requirements.

Does my sponsor need to meet any requirements?

Yes. The sponsor must be eligible, must agree to sponsor you and must meet character and previous sponsorship rules. They may also need to give a statement of support.

How much does a partner visa cost?

The partner visa charge is one of the higher visa charges, and there are additional costs for medicals, police certificates and translations. Check the Department's current fee table.

Do I need a medical examination?

Usually yes. You and any included family members may need to complete health checks with an approved panel physician.

Do I need police certificates?

Typically yes, for each country where you have lived for the required period. Check the list of requirements for your situation.

Can I travel while my application is being processed?

Travel depends on your visa status. A bridging visa may or may not allow travel, and travelling without permission can affect your stay. Check your conditions before you travel.

Do I need a migration agent for a partner visa?

No. You can apply yourself. If you use an agent, check that they are registered, ask for a written agreement and be careful with anyone who guarantees a result.

Can I apply for citizenship after a partner visa?

After you hold the permanent visa and meet the residence, character and other requirements, you may be able to apply for citizenship, which is a separate application.

How can GIEC Global UK help with a partner visa?

We can explain the options, discuss the evidence you may want to collect and guide you through the process. We cannot guarantee a visa, because decisions are made by the Department of Home Affairs.