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Partner visas at a glance

Pathway Usually suited to Location when applying What it provides
Subclass 820 / 801 Spouses and de facto partners applying onshore In Australia An 820 temporary stage, then assessment for the permanent 801
Subclass 309 / 100 Spouses and de facto partners applying offshore Outside Australia A 309 provisional stage, then assessment for the permanent 100
Subclass 300 Prospective spouses planning to marry Outside Australia A temporary prospective-marriage pathway, followed by a separate Partner visa application after marriage

Choosing the appropriate Partner visa pathway

Partner visa 820 and 801 - applying in Australia

The combined 820/801 application is the onshore pathway for an eligible spouse or de facto partner. The applicant and any family members applying with them must be in Australia when the application is lodged. The temporary subclass 820 allows the holder to remain in Australia while the permanent subclass 801 stage is considered.

Being in Australia is not enough on its own. The applicant must be able to make a valid onshore application. Current visa conditions, immigration history and any restriction on applying for another visa in Australia must be checked first.

Applying from overseas - subclasses 309 and 100

The combined 309/100 application is the offshore pathway for an eligible spouse or de facto partner. The applicant and any family members applying with them must be outside Australia when the application is lodged. If granted, the provisional subclass 309 allows the holder to live in Australia while the permanent subclass 100 stage is considered.

Engaged and planning to marry - subclass 300

Subclass 300 may suit an engaged applicant who is outside Australia and intends to marry an Australian citizen, permanent resident or eligible New Zealand citizen. The applicant must be at least 18, have met their prospective spouse face to face as adults and know them personally. The marriage must take place before the visa period ends.

The visa is granted for a stay of 9 to 15 months from the date of grant. It is not a permanent visa and does not confer automatic rights to remain in Australia. After the marriage, a separate Partner visa application must be lodged if the person is eligible.

Core requirements

Requirements vary by subclass, but a spouse or de facto Partner visa application generally needs to establish:

a legally recognised marriage or qualifying de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen

a genuine and continuing relationship

a mutual commitment to a shared life to the exclusion of all others

that the couple lives together, or does not live separately and apart on a permanent basis

an eligible sponsor and a completed sponsorship application

the required health and character criteria for the applicant and relevant family members

valid lodgement under the selected pathway

A marriage must be legally recognised for Australian migration purposes. De facto applications also involve specific timing and evidence rules. The required de facto period and any available exception should be checked against the couple's circumstances before lodgement.

How Home Affairs considers relationship evidence

There is no single document that proves a relationship. Home Affairs considers the history and current circumstances across four broad areas: financial aspects, household arrangements, social aspects and commitment. Its relationship evidence guidance provides examples of documents that may be relevant.

Financial aspects

Evidence may include joint bank activity, shared bills, a lease or mortgage, insurance and records of significant purchases. The documents should show how the couple manages their financial arrangements over time, rather than relying on an account opened shortly before lodgement.

Commitment to each other

This may include the history of the relationship, communication during periods apart, knowledge of each other's circumstances and plans for a shared future.

Good evidence is consistent and properly explained. A large upload of screenshots without dates or context is usually less useful than a clear timeline supported by records from different stages of the relationship.

Household arrangements

This can include evidence of a shared address, division of household tasks, correspondence delivered to the same home and arrangements for children or other dependants.

Social aspects

Examples include photographs across different periods, invitations, travel records, contact with each other's family and friends, and statements from people who know the couple. Social media is optional evidence, not a legal requirement.

Documents commonly required

From the applicant

Identity and civil-status documents

Relationship history and supporting evidence

Residential and travel history

Police certificates when required

Health examinations when requested or arranged through the application process

Documents for any dependent family member included in the application

English translations of non-English documents that meet Home Affairs requirements


From the sponsor

Evidence of Australian citizenship, permanent residence or eligible New Zealand citizen status

Identity documents

The online sponsorship application

Information about previous sponsorships and relevant relationships

Australian and overseas police checks where required

Evidence supporting the relationship

Form 888 statements should come from people who know the couple and can provide specific, first-hand information about the relationship. Broad or generic statements are less useful.

How the application process works

1. Confirm the correct pathway and make sure the application can be validly lodged from the applicant's location.

2. Check the applicant and sponsor against the relevant legal criteria, including previous sponsorships and visa history.

3. Build a relationship timeline and organise evidence under the financial, household, social and commitment areas.

4. Prepare the applicant's visa application and the sponsor's sponsorship application.

5. Lodge online through ImmiAccount and attach the supporting documents. Paper lodgement is only available if Home Affairs invites it.

6. Complete health examinations, biometrics and police checks when required, and respond to requests within the stated timeframe.

7. Keep Home Affairs informed of relevant changes, including a new passport, address, child or change in the relationship.

From the temporary stage to permanent residence

The 820/801 and 309/100 pathways are normally lodged as combined applications. A temporary or provisional grant does not guarantee the permanent stage.

In general, the applicant becomes eligible for permanent-stage assessment two years after the combined application was lodged. Home Affairs may request updated relationship evidence before assessing the subclass 801 or 100 criteria. The temporary or provisional visa does not make the permanent grant automatic.

If the relationship changes

If the relationship ends or changes in an important way, tell Home Affairs. What happens next depends on the facts. There are provisions that may matter where family violence has occurred, the sponsor has died, or there is a child of the relationship.

Where family violence has occurred, immediate safety comes first. Before withdrawing anything, obtain advice about the family violence provisions that may apply.

Government charges and processing times

Government charges change and should be checked before lodgement. Separate costs may apply for police certificates, health examinations, translations, biometrics and professional services. A subclass 300 holder will also need to budget for the later Partner visa application.

Processing times vary by subclass and individual circumstances. The Home Affairs processing-time guide reports recently decided applications and is not a timeframe for a particular case. Required checks, incomplete documents and requests for further information may affect processing.

Official tools:

Visa Pricing Estimator
Visa Processing Time Guide

Common problems to avoid

Choosing the onshore or offshore pathway without checking lodgement location and current visa conditions

Relying mainly on photographs or chat screenshots without evidence of the practical life shared by the couple

Providing different dates or explanations in the applicant, sponsor and supporting statements

Leaving periods of separation unexplained

Submitting generic Form 888 statements from people who provide little first-hand detail

Omitting earlier relationships, sponsorships, visa refusals or relevant immigration history

Waiting for Home Affairs to request documents that were reasonably available at lodgement

Failing to update Home Affairs after a new passport, address, child or material relationship change

Assuming that a temporary 820 or provisional 309 grant makes the permanent 801 or 100 visa automatic

Avoiding these common issues can help keep the application clear, consistent and properly supported.

How Kritin Global can assist

choose the correct Partner visa pathway

organise applicant, sponsor and relationship evidence

prepare and lodge the application through ImmiAccount

identify gaps or inconsistencies before lodgement

respond to Department requests and prepare for the permanent stage

Clear, practical assistance from initial assessment and lodgement through to the permanent stage, where required.

Discuss your Partner visa pathway

Book a Consultation FREE • 10-Minute Pre Assessment

Suggested reading on Kritin Global

Frequently Asked Questions

The 820/801 pathway is generally for a spouse or de facto partner applying in Australia. The 309/100 pathway is generally for a spouse or de facto partner applying from outside Australia. Subclass 300 is for an eligible engaged applicant who applies outside Australia, marries before the visa expires and then makes a separate Partner visa application.

No. A Partner visa may be available to a married or de facto couple. A de facto application has specific relationship-duration and evidence requirements, and any exception must be checked against the couple's circumstances. Engaged couples who are not yet married or eligible as de facto partners may consider subclass 300.

Home Affairs looks at finances, the household, the couple's social life and their commitment to each other. Use records from different points in time so the evidence follows what actually happened, rather than presenting a snapshot taken just before lodgement.

Possibly. Subclass 820 is the onshore pathway, but you must be able to make a valid application in Australia. Your current visa, visa conditions and immigration history may affect whether you can apply onshore, so these should be checked before lodgement.

No. Two years generally must pass from the combined application before permanent-stage assessment, but time alone does not secure a grant. Home Affairs may request updated information and must be satisfied that the applicant meets the permanent visa criteria.

Sometimes. It depends on the child's dependency, circumstances and the stage reached in the Partner visa process. Where the parent already holds a 309 or 820, subclass 445 may be the route for a child who needs to join that parent before the permanent decision.

Home Affairs must be notified. The result depends on the circumstances. Family violence provisions, the death of the sponsor or circumstances involving a child of the relationship may allow the application to continue. Obtain advice before withdrawing an application or assuming there is no further pathway.

Processing times vary by subclass and by application. Home Affairs' Visa Processing Time Guide reports data for recently decided applications, but it is not a guarantee for an individual case. Required checks, incomplete documents and requests for further information can affect timing.

Kritin Global's registered migration agent can help identify the appropriate pathway, organise applicant and sponsor documents, prepare relationship evidence and assist with lodgement and follow-up. The assistance provided will depend on the couple's circumstances and the stage of the application.

Disclaimer

Fees and eligibility criteria are reviewed periodically. Always verify current figures and process requirements at immi.homeaffairs.gov.au before lodging. This page is general information - contact us for advice specific to your situation.

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