Quick Answer: To be eligible for an Australian partner visa, you must be in a genuine, ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen — either as a married or de facto couple. The Subclass 820 visa requires you to be onshore at the time of application; the Subclass 309 visa is for applicants offshore; and the Subclass 300 (Prospective Marriage) is for engaged couples who intend to marry. The government application fee is $9,095 for all three streams in 2025–26, and de facto couples typically need to demonstrate at least 12 months of cohabitation — though exceptions apply.
At VJ Consulting and Education, we help applicants navigate the full range of Australian partner visa pathways — from onshore Subclass 820 to offshore 309 and prospective marriage 300.
Who is eligible for 820 partner visa?
The Subclass 820 visa is the onshore temporary partner visa — you must be physically in Australia when you lodge, and your sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. Beyond location, three core eligibility criteria apply: you must be in a genuine, ongoing married or de facto relationship with your sponsor; you must meet character and health requirements; and you must not be in a prohibited relationship (e.g., family members).
There is no minimum age stated in the regulations for the 820 itself, but both parties must be at least 18 years old to sponsor. The 820 is a two-stage process — temporary grant first, then the permanent Subclass 801 after two years from the application date (or immediately if the relationship has existed for three or more years, or you have a child together).
"I applied for my 820 in May 2023 and had the temporary grant within five weeks. The 801 followed in December 2025 — the whole journey took just under three years." — A UK citizen our team assisted through the 820/801 pathway
Tip: Being onshore at lodgement is the key trigger. You can travel overseas after lodging — a bridging visa covers you — but you must be in Australia on the day the application is submitted.
→ Deep Dive: Partner Visa Comparison: 300, 309, 820, 801
Who is eligible for 309 visa?
The Subclass 309 visa mirrors the 820 in eligibility criteria but applies when the applicant is outside Australia at the time of lodgement. The same relationship genuineness test applies — married or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen — along with health and character requirements.
The 309 also operates as a two-stage pathway: the temporary 309 is granted first, then converts to the permanent Subclass 100 after two years from the application date (or sooner under the same long-relationship or child exemptions as the 820/801 stream).
| Feature | Subclass 309 | Subclass 820 |
|---|---|---|
| Applicant location at lodgement | Outside Australia | Inside Australia |
| Sponsor requirements | Same | Same |
| Temporary stage | 309 | 820 |
| Permanent stage | 100 | 801 |
| Two-year wait for permanent | Yes | Yes |
| Government fee (2025–26) | $9,095 | $9,095 |
One practical distinction: 309 applicants cannot work in Australia until the visa is granted (unless they hold another work-authorised visa), whereas 820 applicants typically receive a Bridging Visa A with work rights upon lodgement.
→ Deep Dive: Eligibility for Partner, Graduate and Bridging Visas
How long do you need to be in a relationship for partner visa?
For married couples, there is no minimum relationship duration — if you are legally married, you can apply immediately. For de facto couples, the standard requirement is 12 months of living together in a genuine domestic relationship immediately before lodging the application. In VJ Consulting and Education's experience, the 12-month de facto evidence threshold is one of the most commonly misunderstood requirements, and gathering the right combination of documentation from the correct period makes a meaningful difference to how an application is assessed.
However, there are recognised exceptions to the 12-month de facto rule:
| Situation | 12-Month Rule |
|---|---|
| Legally married | Not required |
| De facto, standard | 12 months cohabitation required |
| Registered relationship (state/territory) | 12-month rule waived |
| De facto with compelling circumstances | May be waived — case by case |
Registering your relationship in a state or territory (e.g., through Births, Deaths and Marriages in Victoria or NSW) waives the 12-month cohabitation requirement entirely. This is a legitimate and commonly used pathway for couples who have been together less than a year but can demonstrate the relationship is genuine.
"A lot of couples we work with don't realise that registering the relationship removes the 12-month requirement — it is one of the fastest ways to become eligible as a de facto couple." — Our MARA-registered agent
Tip: The 12 months must be a genuine cohabitation period, not simply the length of time you have known each other. Long-distance periods where you were not living together do not count toward the 12 months.
→ Deep Dive: Eligibility for Partner, Graduate and Bridging Visas
Can de facto couples apply for partner visa?
Yes — de facto couples are fully eligible for Australian partner visas under the same subclasses as married couples: 820/801 onshore and 309/100 offshore. The Department of Home Affairs defines a de facto relationship as a genuine, exclusive, and ongoing relationship where both partners live together (or have lived together) as a couple, without being legally married.
The critical difference from married couples is the 12-month cohabitation requirement described above. Beyond that threshold, the application process and evidentiary requirements are identical.
What the Department assesses in a de facto relationship:
| Assessment Category | Examples of Evidence |
|---|---|
| Financial aspects | Joint bank accounts, shared expenses, joint loans |
| Nature of household | Shared lease, utility bills in both names |
| Social aspects | Photos together, statutory declarations from friends/family |
| Commitment | Future plans, communication records, travel history together |
A concern we frequently hear from clients is whether time spent apart — for work, study, or family reasons — disqualifies the de facto claim. It does not, provided the separation is temporary and the relationship remains genuine and exclusive. The Department looks at the totality of the relationship, not a mechanical checklist.
"The applications that get refused are usually the ones that looked fine on every individual piece of evidence — the issue is whether the evidence tells a coherent, honest story about the relationship." — A registered migration agent, summarising common refusal patterns
→ Deep Dive: Partner Visa Comparison: 300, 309, 820, 801
What documents do I need for partner visa?
Every partner visa application — whether 820, 309, or 300 — is assessed against four evidence pillars defined by the Department of Home Affairs. Gathering documents across all four is essential; gaps in any single pillar can generate requests for further information or, in weaker applications, a refusal. Among the applicants VJCE has assisted, those who organise their evidence into clear categories — financial, social, commitment, and cohabitation — tend to present a more cohesive case to the Department.
| Pillar | Core Documents |
|---|---|
| Financial | Joint bank account statements, joint tax returns, shared mortgage/rental agreements, shared insurance |
| Household | Joint lease, utility bills in both names, evidence of shared address |
| Social | Photos (across time periods), statutory declarations from people who know you as a couple, evidence of meeting each other's families |
| Commitment | Communication logs, travel records showing visits, evidence of knowledge of each other's personal lives, future plans |
Beyond the four pillars, every applicant needs:
- Certified copies of passports (all pages with travel history)
- Birth certificates
- Evidence of sponsor's citizenship or PR status
- Marriage certificate (if married) or evidence of cohabitation (if de facto)
- Police clearances for every country lived in for 12+ months since age 16
- Health examinations via an approved panel physician
- Form 47SP (application form) and Form 40SP (sponsorship form)
A question we regularly receive from our clients is whether Form 80 (personal particulars) is required. For the 820, it is not mandated in all cases but may be requested by the case officer — having it prepared in advance avoids delays.
Tip: Organise your evidence chronologically across the relationship timeline, not just at the point of application. A case officer wants to see how the relationship developed, not just where it stands today.
Can I apply partner visa if my partner is on student visa?
The sponsor — not the applicant — must be an Australian citizen, permanent resident, or eligible New Zealand citizen. If your partner holds a Subclass 500 student visa, they are a temporary visa holder and cannot sponsor you for a partner visa. The sponsor must hold a qualifying permanent or citizen status. VJ Consulting agents generally advise clients in this situation to confirm the sponsor's eligibility status early, as visa conditions attached to the sponsor's own visa can occasionally introduce complexity that is easier to address before lodgement than after.
However, the reverse scenario is fully valid: you can hold a student visa (or most other temporary visas) and still apply as the applicant for an 820 partner visa, provided your partner (the sponsor) is a citizen or permanent resident.
| Who holds the student visa | Eligible to apply? |
|---|---|
| The applicant holds a student visa; sponsor is citizen/PR | Yes — eligible to apply onshore |
| The sponsor holds a student visa; applicant is citizen/PR | No — sponsor does not qualify |
| Both partners hold student visas | No — neither can sponsor |
One nuance: applicants on student visas who have breached their visa conditions (e.g., working excessive hours) may face character or good-faith assessments. The application itself is not barred, but condition breaches can complicate the assessment and in some cases trigger a Public Interest Criteria refusal.
A question we frequently see from clients in this situation is whether the 820 can be lodged while on a tourist visa — the answer is yes for most nationalities, provided the applicant is lawfully onshore. The student visa situation is the same: lawful status at lodgement is what matters, not the visa type.
Tip: If you are on a student visa and considering applying for the 820, do not let your student visa expire before lodging. A Bridging Visa A will be issued upon lodgement of the 820, protecting your lawful status — but only if you were lawful at the time you applied.
→ Deep Dive: Eligibility for Partner, Graduate and Bridging Visas
Ready to assess your eligibility?
Partner visa eligibility is straightforward on paper but the evidentiary requirements — particularly around relationship genuineness — are where applications succeed or fail. Our MARA-registered agents at VJ Consulting review your specific circumstances, identify any eligibility risks before you lodge, and help you build a complete, consistent application.
Book a consultation with our team to get a clear assessment of your pathway — whether that is the onshore 820, offshore 309, or Prospective Marriage 300.
