VJ Consulting and Education has guided many clients through the complexities of Australian partner and prospective marriage visas, and understanding the differences between subclasses 300, 309, 820, and 801 is often the first critical step toward a successful outcome.
What is the difference between 820 and 801 visa?
The In cases handled by VJCE, applicants frequently underestimate how much the two-stage structure of the 820 and 801 pathway affects their planning, particularly when circumstances change between the temporary and permanent stages.820 and 801 are not two separate visa choices — they are the two consecutive stages of a single onshore partner visa application, and applicants lodging inside Australia apply for both simultaneously in one submission.
The Subclass 820 is the temporary component. It is granted first and allows the applicant to remain lawfully in Australia, work without restriction, and access Medicare while the relationship is assessed over time. The minimum period between 820 grant and 801 consideration is generally two years from the original application date, although this period is waived when the couple has been in a genuine relationship for at least three years prior to lodgement, or at least two years if there is a dependent child of the relationship.
The Subclass 801 is the permanent residence outcome. It is assessed at the two-year mark using a second evidential review — the Department will revisit whether the relationship remains genuine and ongoing. Applicants who separate from their sponsor before the 801 is granted will generally not proceed to permanency, unless there are compelling circumstances such as family violence.
In practice, this is where many applicants are surprised: receiving the 820 does not mean permanent residence is guaranteed. The relationship must still exist and be demonstrably genuine at the second-stage review. Gathering ongoing evidence — joint finances, cohabitation records, photographs with dates, shared travel — throughout the 820 period is as important as the initial application.
The application fee AUD $8,850As of July 2025 · homeaffairs.gov.au covers both stages, and the current processing time to a 820 grant at the 75th percentile is 22 monthsAs of June 2025 · homeaffairs.gov.au. Total time to 801 permanent residence typically extends to 3–4 yearsAs of June 2025 · homeaffairs.gov.au from initial lodgement.
What is the difference between subclass 300 and 309?
The VJ Consulting advisers commonly recommend that clients carefully assess their relationship stage and location before lodging, as choosing between the 300 and 309 subclass has meaningful downstream implications for processing timelines and bridging arrangements.300 and 309 are both offshore partner visas, but they serve fundamentally different relationship situations — choosing the wrong one is not simply a procedural error, it can result in an outright refusal.
Subclass 309 is for applicants who are already in a recognised de facto relationship or legally married to an eligible Australian sponsor at the time of lodgement. The 309 is a temporary visa (typically valid for up to 2 yearsAs of current · homeaffairs.gov.au) and is linked to the permanent Subclass 100, which is assessed at the two-year relationship threshold — the same structure as the onshore 820/801 stream, but for applicants residing outside Australia.
Subclass 300, the Prospective Marriage visa, applies when the couple is not yet married and the applicant intends to travel to Australia to marry their sponsor. This visa is granted for 9 monthsAs of current · homeaffairs.gov.au and does not carry any work rights by default upon initial entry — the applicant must marry their sponsor within the validity window and then lodge an onshore partner visa (820/801) to obtain ongoing status.
The critical distinction is legal relationship status at lodgement. An applicant who is already married cannot validly apply for a Subclass 300; conversely, an unmarried applicant who lodges a 309 may face credibility issues if the relationship does not meet the de facto threshold (generally at least twelve months of cohabitation, or registration as a relationship under state law).
In practice, a common scenario is couples who become engaged overseas and are uncertain which visa to use. If the marriage cannot happen before lodgement and the couple does not yet meet the de facto definition, the 300 is the correct pathway. If the relationship already qualifies as de facto — documented cohabitation, shared finances, mutual commitment — the 309 is more appropriate because it leads directly to a permanent outcome without requiring the intermediate step of an Australian marriage ceremony.
Processing times differ meaningfully between the two: the 309 at the 75th percentile currently sits at 26 monthsAs of June 2025 · homeaffairs.gov.au, while the 300 processes at 18 monthsAs of June 2025 · homeaffairs.gov.au at the same percentile — though the 300 holder then faces a further 820/801 lodgement and wait upon entering Australia.
Next Step
Partner visa cases involve overlapping timelines, evolving evidence requirements, and stage-by-stage assessments that can span several years. An error at lodgement — choosing the wrong subclass, submitting incomplete relationship evidence, or misunderstanding the two-year assessment trigger — can delay permanent residence by years or result in refusal. For applicants whose circumstances sit at the edge of eligibility (de facto threshold, family violence provisions, or complex visa histories), speaking with a MARA-registered migration agent before lodgement is time well spent. VJ Consulting offers professional assessments for partner visa applicants across all four subclasses.
This article is intended as general guidance only and does not constitute legal or migration advice. Visa requirements, fees, and processing times change regularly — always verify details on the relevant authority's official website before making decisions. For advice specific to your circumstances, consider consulting a MARA-registered migration agent.
References
- Department of Home Affairs — Partner visa overview and processing times: homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore
- Department of Home Affairs — Subclass 309 Partner (Provisional) visa: homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore-309-100
- Department of Home Affairs — Subclass 300 Prospective Marriage visa: homeaffairs.gov.au/visas/getting-a-visa/visa-listing/prospective-marriage-300
- Department of Home Affairs — Global Visa Processing Times dashboard: immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times
Related reading
To see how partner and prospective marriage visas fit alongside other residency options, explore the Which Pathway? stage for a complete overview, then check out Pathways to Permanent Residency After a Temporary Visa: 491 and Beyond to understand how temporary visa holders can also build toward a permanent outcome.
