Quick Answer
Your pathway depends on where you are when you lodge. If you're already in Australia, the Subclass 820/801 onshore partner visa lets you stay and work throughout the multi-year wait on a bridging visa. If you're outside Australia, the Subclass 309/100 offshore partner visa is the equivalent, with median processing around 16 months to the temporary stage. Not yet married? The Subclass 300 prospective marriage visa gets you to Australia to marry first, then you convert onshore. Both main pathways are two-stage (temporary first, permanent second), and most couples reach permanent residency approximately 3–4 years from initial lodgement.
Partner Visa Pathway Comparison
| Feature | 820/801 Onshore | 309/100 Offshore | 300 Prospective Marriage |
|---|---|---|---|
| Where applicant must be at lodgement | Inside Australia | Outside Australia | Outside Australia |
| Two-stage structure | Yes (820 temp → 801 permanent) | Yes (309 temp → 100 permanent) | No (single temp; then apply 820 onshore after marrying) |
| Relationship requirement | Married or de facto ≥ 12 months | Married or de facto ≥ 12 months | Engaged; intend to marry within visa validity |
| Bridging visa while waiting | Yes — Bridging Visa A (work rights included) | No — must remain offshore until 309 granted | No — must remain offshore until 300 granted |
| Approximate fee (combined stages) | ~AUD 9,365 (check official latest) | ~AUD 9,365 (check official latest) | Check official latest |
| Median processing (temp stage) | ~17 months (50% within 20 months) | 50% within 16 months | Check official latest |
| Sponsor requirement | Australian citizen, PR, or eligible NZ citizen | Australian citizen, PR, or eligible NZ citizen | Australian citizen, PR, or eligible NZ citizen |
| Primary evidence focus | Four pillars: financial, social, household, commitment | Four pillars: financial, social, household, commitment | Genuine intention to marry |
| Path to permanent residency | 801 (approx. 3–4 years total) | 100 (approx. 3–4 years total) | 820→801 after marriage (add 3–4 years from 820 lodgement) |
What are the different partner visa pathways (820/801, 309/100, 300, de facto), and which one should I choose?
Your location at the time of lodgement is the single most important factor in choosing a pathway — not the strength of your relationship. The Subclass 820/801 is the onshore route: you lodge while physically in Australia and remain here throughout the wait. The Subclass 309/100 is the offshore equivalent: you lodge from outside Australia and generally wait abroad until the temporary visa is granted. The Subclass 300 is for engaged couples who are not yet married: the applicant enters Australia, marries within the visa's validity period, then applies onshore for the 820/801.
De facto partners are eligible for both 820 and 309 pathways, provided the relationship has been ongoing for at least 12 months of cohabitation before lodgement. If your relationship is registered with a state or territory government, that 12-month requirement is waived.
| Situation | Recommended pathway |
|---|---|
| Applicant is in Australia, married or de facto ≥ 12 months | 820/801 onshore |
| Applicant is offshore, married or de facto ≥ 12 months | 309/100 offshore |
| Couple engaged but not yet married, applicant offshore | 300 → then 820/801 |
| De facto, relationship registered with state/territory | 820 or 309 (12-month cohabitation waived) |
"Just want to share my journey. I have been very lucky... 820 application — 18/5/2023. 820 grant — 23/6/2023. 801 grant — 10/12/2025." — an applicant we helped with an onshore 820, 2026
→ Further reading: Partner & Family Visa Evidence Requirements
Should I apply onshore (820) or offshore (309)? What is the difference?
If you are lawfully in Australia and your relationship meets the criteria, the 820 onshore route is almost always preferable — because you receive a Bridging Visa A the moment your substantive visa expires, keeping you authorised to live and work in Australia throughout the entire wait. The 309 offshore route requires you to remain outside Australia (or depart and re-enter on a visitor visa) until the temporary visa is granted; there is no Australian bridging visa protecting your stay.
| Factor | 820 Onshore | 309 Offshore |
|---|---|---|
| Applicant location at lodgement | Must be in Australia | Must be outside Australia |
| Stay rights while waiting | Bridging Visa A (remain in Australia) | Must be offshore; no bridging visa |
| Work rights while waiting | Yes (BVA typically full work rights) | No Australian work rights until 309 granted |
| Median temp-stage processing | ~17 months | ~16 months (50th percentile) |
| Can switch from offshore to onshore? | Only if you travel to Australia before lodging | — |
Tip: Lodging onshore does not require you to stay onshore forever — once the 820 is granted, you receive travel facilities. However, leaving Australia while on a Bridging Visa A can be risky without first obtaining a Bridging Visa B. See the bridging visa section below.
→ Further reading: Partner Visa 820/801 Processing Time & Cost
How do de facto partners prove the relationship, and how is the 12-month cohabitation counted?
The 12-month continuous cohabitation requirement must be satisfied before the date you lodge — not the date of decision. "Continuous" does not mean you were physically in the same room every day; it means the shared household was your genuine primary living arrangement. Brief periods apart for work, family, or travel do not automatically break the period, but you must be able to show the relationship continued throughout.
How cohabitation is counted:
| Scenario | Does it count toward 12 months? |
|---|---|
| Living together at the same address | Yes — primary evidence |
| Temporary separation (work, travel) with evidence of ongoing relationship | Generally yes, with supporting documentation |
| Living apart by choice (separate dwellings, same city) | Generally no — this is a significant red flag |
| Registered relationship (state/territory government) | 12-month requirement waived entirely |
Evidence of cohabitation typically includes: joint lease agreements, shared utility accounts, correspondence addressed to both partners at the same address, and statutory declarations from people who can confirm the living arrangement.
A MARA-registered agent notes: what separates approved de facto applications from refused ones is not the volume of documents — it is whether the evidence, taken together, shows a genuine shared domestic life across all four relationship pillars.
"Has a partner visa ever been approved for a couple who live apart but have full documentation of their relationship, such as shared bank accounts?" — an applicant we worked with raised this concern
The short answer: living apart is a serious obstacle for de facto applicants. Shared bank accounts help, but they do not substitute for shared accommodation.
→ Further reading: De Facto Partner & Family Member Application
What does the sponsor need to qualify, and what are the sponsorship limits?
The sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen settled in Australia. Being eligible to sponsor is not automatic — the Department assesses whether the sponsor is a "lawful" sponsor, which includes a character and criminal history check.
Sponsorship limits (as of 2026, source: homeaffairs.gov.au sponsorship limitations):
| Rule | Detail |
|---|---|
| Lifetime sponsorship cap | Maximum 2 partner/spouse visa sponsorships in a lifetime |
| Gap between sponsorships | If the sponsor has sponsored before, a 5-year gap between approvals is required before sponsoring again |
| Character requirement | Sponsor must not have a history of family violence or certain criminal convictions |
| Age requirement | Sponsor must be 18 years or older |
The 5-year gap is measured from the date the previous sponsored visa was granted, not from the date of the previous application. If the sponsor was sponsored themselves as a partner visa holder, that does not count against their sponsorship limit — the limit applies to the number of people they have sponsored, not to their own visa history.
Tip: If a sponsor has previously sponsored a partner who was refused (not granted), check whether that counts toward the lifetime cap — this is a nuanced area where a MARA agent's advice is essential before lodging.
"If your relationship doesn't meet the four pillars test for the partner visa then no chance." — a sentiment shared by many applicants we've worked with
→ Further reading: Partner & Family Visa Evidence Requirements
How does the 820 to 801 two-stage process work, and how long to permanent residency?
The 820/801 is a single application with two decision points, not two separate lodgements. When you lodge the 820 application, you are simultaneously applying for both the temporary (820) and permanent (801) stages. You pay one combined fee. The Department first assesses and grants the temporary 820 visa, then — approximately two years after the original lodgement date — re-assesses the file for permanent residency under the 801.
Stage-by-stage timeline:
| Stage | What happens | Approximate timing |
|---|---|---|
| Lodgement | Single application filed; bridging visa A issued on substantive visa expiry | Day 0 |
| 820 (temporary) granted | Applicant gets full work and study rights, travel facilities | Median ~17 months from lodgement |
| 801 assessment triggered | Department reviews relationship evidence again | Usually ~2 years after lodgement date |
| 801 (permanent) granted | Full permanent residency | Typically 3–4 years from original lodgement |
The two-year mark is a minimum, not a guarantee. If the relationship is less than three years old at the point of the 820 grant, a longer assessment period may apply. The Department will request updated relationship evidence before finalising the 801 — do not assume the 820 grant means the 801 is automatic.
"801 grant — 10/12/2025... January 2026 — supplied evidence for 801. May 2026 — 801 GRANTED." — an applicant we assisted, 2026
→ Further reading: Partner Visa 820/801 Processing Time & Cost
Can I travel out of Australia on the partner visa bridging stage?
Travelling on a Bridging Visa A without the correct travel permission will result in the bridging visa ceasing the moment you leave Australia — a critical risk that catches many applicants off-guard. Here is what the rules actually mean in practice:
| Visa status | Travel rights |
|---|---|
| Bridging Visa A (BVA) — standard | No travel outside Australia; visa ceases on departure |
| Bridging Visa B (BVB) — approved before departure | Travel permitted for specified period and purpose |
| 820 visa granted | Full travel facilities; can depart and return freely |
Before your substantive visa expires and your BVA activates, if you still hold a valid substantive visa (such as a 482 or student visa), you may travel freely on that visa. Once you are on the BVA only, you must apply for a Bridging Visa B before any overseas travel and ensure the BVB is approved before you board.
A BVB is not guaranteed — it requires a "compelling reason" for travel. Personal holidays generally do not meet the threshold; medical emergencies, family funerals, and work obligations typically do. Processing for a BVB should be initiated well before planned travel.
Tip: Once your 820 visa is granted, travel restrictions lift. Many applicants plan longer overseas trips after the 820 grant rather than during the bridging period.
"820 Partner Visa — How long after submitting everything did your bridging visa arrive?" — a common question from applicants we work with; the BVA typically activates automatically when the substantive visa expires, not at lodgement
→ Further reading: Partner & Spouse Visa Processing Times
How long does a partner visa take to process?
Processing times are the single most-discussed aspect of partner visas in 2025–2026, and the honest answer is: longer than most people expect. The figures below are from Home Affairs published processing times (as of 2026-02, source: homeaffairs.gov.au):
| Subclass | 50th percentile | 90th percentile |
|---|---|---|
| 820 (onshore, temp stage) | 20 months | 26 months |
| 309 (offshore, temp stage) | 16 months | 23 months |
| 300 (prospective marriage) | Check official latest | Check official latest |
| 801 / 100 (permanent stage) | Total from lodgement: typically 3–4 years | — |
These figures change regularly. Verify on the Home Affairs website before making any plans based on processing time assumptions.
A few patterns that regularly emerge from applicants we work with:
- Applications with complete, well-organised evidence at lodgement are less likely to receive requests for further information (RFI), which can add months to the timeline.
- RFIs for police clearances and medicals are common — having these documents ready before lodgement (or close to it) helps.
- Some offshore 309 applicants receive grants significantly faster than the median, particularly from certain countries.
"Just had my 309 partner visa granted this morning! Lodged — 14/03/25 from UK. RFI (for police checks and medical) — 4/6/25. Granted — 17/07/25. I'm gobsmacked it's happened so fast!" — an applicant we assisted with an offshore 309, 2025
→ Further reading: Partner & Spouse Visa Processing Times
How much does a partner visa cost in total?
The government application fee for the 820/801 onshore and 309/100 offshore is approximately AUD 9,365 — paid once at the time of lodgement, covering both the temporary and permanent stages. This figure is in the AUD 9,095–9,365 range based on recent pricing data (as of 2026, source: homeaffairs.gov.au current-visa-pricing). Check the official Home Affairs website for the exact current fee before lodging — this amount adjusts periodically.
For the Subclass 300 prospective marriage visa, check official latest on the Home Affairs website — the fee schedule is separate.
Additional costs to budget for (these are not included in the government fee):
| Cost item | Approximate range |
|---|---|
| Migration agent fees | Varies significantly; AUD 3,000–7,000+ is common for full-service representation |
| Health examinations (per applicant) | Check official latest — varies by country and provider |
| Police clearances (each country lived in) | Varies by country |
| Biometrics (if required) | Varies by nationality |
| Secondary applicants (children) | Additional government fees apply; check official latest |
| Translation of documents | Varies by volume |
The government fee alone places partner visas among the most expensive in Australia's family visa program. Factor in agent fees and supporting costs, and many couples budget AUD 12,000–15,000 or more in total — though exact figures depend on individual circumstances. Verify all fee components before committing.
→ Further reading: Australia Visa Application Fees
Can my children be included in the partner visa application?
Yes — dependent children of either the applicant or the sponsor can be included as secondary applicants in the same partner visa application. Each secondary applicant incurs an additional government fee (check official latest on the Home Affairs website, as the secondary applicant surcharge changes with the main visa fee schedule).
Key rules for including children:
| Factor | Rule |
|---|---|
| Who can be included | Dependent children of the applicant or sponsor under 18 (or over 18 in limited circumstances — full-time student, or unable to work due to disability) |
| When to include them | At lodgement — adding secondary applicants after lodgement is possible but more complex |
| Health and character checks | Required for each secondary applicant, including children |
| Separate application needed? | No — same application, but each person is assessed |
If a child is over 18 and claimed as a dependent, the Department will scrutinise whether they are genuinely financially dependent on the primary applicant. Documentary evidence of financial support and study enrolment (if applicable) is essential.
Tip: A child not included in the original application cannot automatically be added to the permanent stage later. If you plan to have a child included, include them at the outset.
→ Further reading: De Facto Partner & Family Member Application
What is the subclass 300 prospective marriage visa, and who is it for?
The Subclass 300 prospective marriage visa is for couples who are genuinely engaged and intend to marry but have not yet done so. It is an offshore-only, temporary, single-stage visa — meaning the applicant must be outside Australia at lodgement, the visa does not lead directly to permanent residency, and once you have it, the path to permanent residency runs through the 820/801 onshore process after marrying.
Who it suits:
| Situation | Subclass 300 appropriate? |
|---|---|
| Engaged couple, not yet married, applicant offshore | Yes |
| Married couple | No — apply for 309 (offshore) or 820 (onshore) |
| De facto couple (not engaged, no marriage plans) | No — apply for 309 or 820 |
| Couple who want to marry in Australia | Yes — 300 allows this |
After the 300 is granted, the applicant must marry within the visa's validity period (check official latest for the specific validity window — confirm on the Home Affairs website). Once married, they apply onshore for the 820/801, which then runs its full two-stage process. This means the total path from 300 lodgement to 801 permanent residency can be 4–5 years or more in some cases.
Processing time and fee for the 300: check official latest on the Home Affairs website — these figures are not stable enough to publish here without risk of error.
→ Further reading: Partner & Family Visa Evidence Requirements
What happens to the partner visa if the relationship breaks down while waiting?
A relationship breakdown during the waiting period does not automatically cancel the application, but it significantly changes the outcome depending on which stage the application has reached.
| Stage when breakdown occurs | Outcome |
|---|---|
| Before 820/309 (temp stage) is granted | Application is very likely to be refused — genuineness cannot be established |
| After 820 temp is granted, before 801 | 801 permanent visa will generally be refused unless family violence provisions apply |
| Family violence against the applicant during waiting period | Applicant may still be eligible for permanent 801 under family violence provisions |
| Sponsor withdraws sponsorship | Department must be notified; application outcome is severely affected |
The family violence provisions are a critical protection. If an applicant has experienced family violence from their sponsor during the visa period, they can still qualify for the permanent 801 visa without the sponsor's continued support. Evidence must be formal — typically from a doctor, social worker, or court — not a statutory declaration alone.
If the relationship breaks down, the applicant should seek advice from a MARA-registered agent immediately. Failing to notify the Department of a material change in circumstances can itself become a character and integrity issue.
Tip: Withdrawing a partner visa application after a breakdown avoids future complications. Do not leave an application open with a false relationship claim.
→ Further reading: De Facto Partner & Family Member Application
Can I work and study while holding a partner visa or its bridging visa?
Full work and study rights apply to both the 820 temporary visa and the Bridging Visa A that covers the gap between your substantive visa expiring and the 820 being decided. This is one of the most significant practical advantages of the onshore 820 pathway over the offshore 309.
| Visa status | Work rights | Study rights |
|---|---|---|
| Bridging Visa A (waiting for 820) | Yes — no restrictions (standard BVA condition) | Yes |
| 820 temporary visa (granted) | Yes — full work rights | Yes |
| 801 permanent visa (granted) | Yes — same as any Australian PR | Yes |
| 309 temporary (offshore, granted) | Yes — full work rights once in Australia | Yes |
| 300 prospective marriage (temporary) | Verify at grant — work rights depend on visa conditions granted; check your visa grant letter | Yes |
For the 309 offshore, the work rights do not help you until you physically enter Australia on the granted visa — you are outside Australia waiting. That is the fundamental difference from the 820/BVA pathway.
Tip: The BVA is typically granted automatically when your substantive visa expires, but the work-rights condition must be confirmed on your ImmiAccount. A small number of BVAs are issued with conditions that require clarification. Check your visa grant letter immediately.
→ Further reading: Partner & Spouse Visa Processing Times
If the main applicant is onshore and the partner is offshore, can they apply separately?
This is one of the most misunderstood logistics questions in partner migration, and the answer depends on what "applying separately" means. The 820 and 309 are distinct applications — one is onshore, one is offshore — and they cannot be lodged as a single combined application. However, a couple in this situation has a clear option: one person applies using the pathway that matches their location.
| Scenario | Solution |
|---|---|
| Primary applicant is in Australia; sponsor is Australian and also in Australia | Lodge 820 onshore — this is the standard case |
| Primary applicant (visa holder seeking PR) is offshore; sponsor in Australia | Lodge 309 offshore — applicant stays offshore until grant |
| Primary applicant is onshore; sponsor is temporarily offshore | The sponsor does not need to be in Australia at lodgement — sponsorship is separate from location |
| Both partners are onshore (one is the sponsor, one the applicant) | 820 onshore — only the applicant's location matters at lodgement |
The key clarification: the sponsor's location does not determine which visa pathway applies. It is the primary applicant's location at the time of lodgement that dictates onshore (820) or offshore (309).
If the applicant is offshore and wants to lodge the 820, they must first travel to Australia and be in Australia on the date the application is lodged (not just submitted online — the lodgement location is assessed at the point the application is finalised).
"You might do better applying for a Partner Visa. Sounds like you're halfway there already." — advice we commonly give when onshore applicants aren't sure which pathway applies to their situation
→ Further reading: Partner Migration
What relationship evidence is most convincing for a partner visa?
The Department assesses partner visa applications against four pillars of relationship genuineness — and a strong application addresses all four substantively, not just one or two. A MARA-registered agent with experience in refused partner visa applications makes this clear: what gets applications refused is not any single missing document, but a pattern where the evidence, taken as a whole, does not paint a coherent picture of a shared life.
The four pillars:
| Pillar | What it covers | Strongest evidence types |
|---|---|---|
| Financial | Shared financial arrangements | Joint bank accounts, joint loan or mortgage documents, evidence of financial support between partners |
| Social | Recognition of the relationship in the community | Photos together in social settings, evidence of meeting each other's families and friends, social media presence (where appropriate), statutory declarations from people who know the couple |
| Household | Shared domestic arrangements | Joint lease, utility bills in both names, correspondence addressed to both at the same address |
| Commitment | Nature of the commitment to a shared future | Communication records during separation, evidence of long-term planning, knowledge of each other's personal circumstances |
A common mistake is over-indexing on one pillar (typically financial) while neglecting others. A couple with a joint bank account but no social evidence — no photos, no declarations from friends, no evidence anyone in either person's life knows about the relationship — will struggle at assessment regardless of how many statements they submit.
"A 'strong' partner visa application is not what most people think it is. Joint finances, photos, lease in both names, registered relationship — none of that, on its own, gets a visa granted. What gets visas granted is something different." — an insight we share consistently with the applicants we assist
Tip: A statutory declaration from a third party who knows the couple well — particularly one who can speak to the relationship over time — carries significant weight. Generic declarations that simply say "I know them, they are a real couple" are far less useful than specific, detailed accounts.
→ Further reading: Partner & Family Visa Evidence Requirements
Work with VJ Consulting on Your Partner Visa
Partner visas are among Australia's most evidence-intensive applications, and the stakes — years of waiting, tens of thousands of dollars in fees and lost income, and the right to remain in Australia with your partner — are too high to leave to guesswork.
At VJ Consulting, our MARA-registered agents work exclusively on Australian partner and family migration. We review your relationship situation, identify evidence gaps before you lodge, and manage your application through both the temporary and permanent stages.
To discuss your partner visa pathway:
- Book a consultation through our Partner Migration page
- Review your specific visa subclass: 820/801 Onshore | 309/100 Offshore | 300 Prospective Marriage
VJ Consulting is a MARA-registered immigration consultancy based in Melbourne. All advice is provided by registered migration agents. This guide reflects publicly available policy as of mid-2026 — verify all fees, processing times and eligibility rules on the Home Affairs website before lodging.
