Quick Answer: Australia offers three partner visa pathways: the 820/801 (onshore), the 309/100 (offshore), and the 300 (prospective marriage). Your location at the time of application determines which pathway is available to you. All three share a two-stage structure and a government fee of $10,005 (2025–26). Processing times range from 12 to 28+ months depending on the subclass and individual circumstances.
At VJ Consulting and Education, we help applicants navigate Australia's partner visa system — including the onshore 820/801, offshore 309/100, and prospective marriage 300 pathways — so they can make an informed decision from the start.
What is the difference between 820 and 801?
The 820 and 801 are not two separate visas — they are the two stages of a single onshore partner visa application lodged together. The 820 is the temporary stage, granting you the right to remain and work in Australia while the Department assesses the permanency of your relationship. The 801 is the permanent stage, granted after a mandatory two-year waiting period from the date of your 820 application.
| Stage | Visa | Status | Typical Grant |
|---|---|---|---|
| Stage 1 | Subclass 820 | Temporary | 1–28 months after lodgement |
| Stage 2 | Subclass 801 | Permanent | ~2+ years after lodgement |
You do not need to lodge a separate application for the 801 — the Department automatically assesses you for both when your relationship is re-examined after the waiting period.
One of our clients, a UK citizen who had previously held a 482 visa, shared a timeline that illustrates this well: his 820 was lodged in May 2023 and granted just five weeks later, but his 801 was not granted until December 2025 — more than two and a half years after the original application date.
Tip: The two-year wait is measured from the date of your 820 application lodgement, not from when the 820 is granted. Apply as early as your eligibility allows.
→ Deep Dive: Partner and Prospective Marriage Visas: 300, 309, 820, 801
What is the difference between 300 and 309?
These are two distinct offshore visas with fundamentally different eligibility requirements. The 309 is for people already in a married or de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. The 300 — the Prospective Marriage visa — is for couples who are engaged but not yet married and intend to marry in Australia.
| Feature | Subclass 300 | Subclass 309 |
|---|---|---|
| Relationship status required | Engaged (not yet married) | Married or de facto (12 months+) |
| Where applicant must be | Outside Australia | Outside Australia |
| Allows entry to Australia | Yes — to marry | Yes — as a partner |
| Duration | 9 months (to marry and then apply onshore) | Temporary until 100 is granted |
| Leads to permanent visa | 820/801 (after marrying in Australia) | Subclass 100 (permanent) |
| Work rights | Yes, after arrival | Yes, after grant |
The critical practical difference: a 300 visa holder must marry their Australian partner in Australia during that nine-month window, then lodge an onshore 820/801 application before the 300 expires. If you miss that window, your pathway resets entirely.
→ Deep Dive: Partner and Prospective Marriage Visas: 300, 309, 820, 801
Should I apply onshore or offshore partner visa?
Your location at the time of lodgement is the determining factor — not preference. If you are lawfully in Australia when you apply, you apply onshore (820/801). If you are outside Australia, you apply offshore (309/100 or 300). You cannot choose between the two pathways based on convenience or processing time. In VJ Consulting and Education's experience, choosing the wrong lodgement location is one of the most common and consequential mistakes applicants make, so confirming your circumstances with a registered migration agent before submitting is strongly advisable.
That said, there is one important strategic consideration: the onshore 820 grants a Bridging Visa A (BVA) on lodgement, which allows you to remain lawfully in Australia while the application is processed. The offshore 309 does not provide any bridging entitlement — you remain outside Australia until a decision is made.
"I entered Australia on an ETA in December 2023, and we applied for the 820 shortly after. Having the Bridging Visa meant I could stay with my partner throughout the wait rather than being separated." — One of our clients, a US national whose 820 was granted after approximately two years
One common question we receive is whether you can lodge an 820 while on a tourist visa. The short answer is yes — provided you hold a substantive visa at the time of application, a tourist visa qualifies. However, you must lodge before that visa expires, and you should seek advice about any conditions on your current visa that may affect eligibility.
→ Deep Dive: Eligibility for Partner, Graduate and Bridging Visas
Can I work on a partner visa?
Yes — all three partner visa pathways include full work rights, but the timing differs by stage.
| Visa / Stage | Work Rights | When Available |
|---|---|---|
| Bridging Visa A (while 820 is pending) | Full work rights | From lodgement |
| Subclass 820 (temporary stage) | Full work rights | From grant |
| Subclass 801 (permanent stage) | Full work rights | From grant |
| Subclass 309 (offshore temporary) | Full work rights | From grant |
| Subclass 100 (offshore permanent) | Full work rights | From grant |
| Subclass 300 (prospective marriage) | Full work rights | From arrival in Australia |
For onshore applicants, the Bridging Visa A issued at lodgement typically carries work rights immediately — you do not need to wait for the 820 to be granted. This is a meaningful practical advantage for people transitioning from a work visa or student visa.
"If you think the 485 is expensive, you're in for a shocker when you find out the cost of the 820/801." — A sentiment shared by many applicants we speak with, reflecting the $10,005 government fee for partner visa applications
Tip: If you are on a 482 employer-sponsored visa and you resign before your 820 is granted, you may inadvertently breach your 482 conditions. Seek advice before resigning — the Bridging Visa A from your 820 lodgement may not activate until your 482 ceases.
Which partner visa is fastest?
The 820 temporary stage is typically the fastest grant, but "fastest" is relative — and the variation is wide. Our clients have received 820 grants in as little as two months, while others have waited beyond two years for the same stage.
| Visa | Typical Processing (2025–26) | Permanent Stage Wait |
|---|---|---|
| Subclass 820 (temporary) | 12–28 months (median ~18 months) | Additional ~2 years for 801 |
| Subclass 309 (temporary) | 14–28 months | Additional time for 100 |
| Subclass 300 (prospective marriage) | 12–20 months | Then 820/801 onshore |
One applicant we worked with received her 820 grant in just 59 days — lodged 7 March 2025, granted 5 May 2025 — with no further information requests and strong documentation. Her case involved prior health exam results being carried over from an earlier 300 application, which removed one processing step.
At the other end of the spectrum, clients who lodged in 2023 are reporting 820 grants only arriving in late 2025. Processing times are not linear and are highly sensitive to case complexity, document quality, and Department workload.
Tip: A complete, well-organised application with clear four-pillar evidence consistently receives faster decisions. Incomplete applications trigger information requests that can add 6–12 months to processing.
Can I travel while waiting for partner visa?
It depends on which stage you are at and which document you hold.
Onshore 820 applicants on a Bridging Visa A: You can travel overseas, but your BVA will cease when you depart. To return, you need a Bridging Visa B (BVB), which must be applied for and granted before you leave Australia. If you leave without a BVB, you will need to wait offshore for your 309 to be granted instead — a significant consequence.
Offshore 309 applicants: You can travel freely as you are not in Australia, but you must ensure you are outside Australia when the visa is granted (or can meet the entry conditions).
300 prospective marriage visa holders: Once in Australia, standard BVA/BVB rules apply after lodging your onshore 820 application.
| Situation | Can Travel? | Key Requirement |
|---|---|---|
| On BVA (820 pending) | Yes, but with conditions | Must obtain BVB before departing |
| Left Australia without BVB | Cannot return on BVA | Must wait for offshore decision |
| 820 granted (temporary) | Yes | Re-entry on 820 permitted |
| 309 granted (offshore) | Yes | Standard re-entry conditions |
Tip: Apply for your BVB well before any planned travel. The Department does process BVB applications quickly, but do not leave it to the last week before departure.
What evidence do I need for partner visa?
The Department assesses partner visa applications against four categories — commonly called the four pillars. A strong application demonstrates genuine commitment across all four, not just one or two. Among the applicants VJCE has assisted, those who organise their evidence across all four assessment categories — financial, social, household, and commitment — from the outset tend to present significantly stronger applications.
| Pillar | What It Covers | Example Documents |
|---|---|---|
| Financial aspects | Shared finances and commitments | Joint bank accounts, shared lease, joint mortgage, combined insurance |
| Nature of household | Living arrangements | Joint rental agreements, utility bills in both names, statutory declarations from cohabitants |
| Social aspects | Public recognition of the relationship | Shared social media, photos, evidence of meeting each other's families and friends |
| Commitment | Future plans and duration | Correspondence, travel records, knowledge of each other's personal circumstances |
A registered migration agent explaining this issue in a client consultation put it clearly:
"A 'strong' partner visa application is not what most people think it is. Joint finances, photos, a lease in both names — none of that, on its own, gets a visa granted. What gets visas granted is a coherent, consistent picture across all four pillars that a case officer can follow without gaps." — One of our MARA-registered agents summarising a common pattern in refused applications
One practical question we often receive is whether couples who live apart can still be approved. The short answer is yes — provided the evidence demonstrates a genuine, committed relationship rather than a cohabitation arrangement. Statutory declarations and correspondence records become especially important in these cases.
→ Deep Dive: Partner and Prospective Marriage Visas: 300, 309, 820, 801
How long do I need to be in a relationship?
The requirement depends on the visa type and the nature of your relationship.
| Relationship Type | Minimum Duration | Applicable Visa |
|---|---|---|
| Married | No minimum — marriage certificate is sufficient | 820/801, 309/100 |
| De facto (registered) | State/territory registered relationships — no minimum | 820/801, 309/100 |
| De facto (unregistered) | 12 months of cohabitation immediately before application | 820/801, 309/100 |
| Engaged (not yet married) | No minimum — but genuine relationship must be evidenced | 300 |
The 12-month de facto requirement is one of the most frequently misunderstood rules in Australian partner migration. The 12 months must be continuous cohabitation — not simply the length of the relationship. Long-distance couples who have not yet lived together typically do not satisfy this requirement, regardless of how long they have been together.
There are limited exceptions: if your de facto relationship is registered under a state or territory law (available in most Australian states), the 12-month rule does not apply. Relationship registration is a practical and underused option for couples who want to apply sooner.
"If your relationship doesn't meet the four pillars test for the partner visa then there's no chance. The evidence needs to demonstrate a genuine, ongoing commitment — the duration alone is not enough." — A concern raised frequently by clients we counsel before lodgement
→ Deep Dive: Eligibility for Partner, Graduate and Bridging Visas
Can de facto partners apply?
Yes — de facto partners have equal standing with married couples across all partner visa subclasses in Australia. The 820/801 and 309/100 are both available to de facto couples, subject to the relationship duration and evidence requirements described above. VJ Consulting agents generally advise de facto couples to pay particular attention to establishing a clear and consistent timeline of their relationship, as the absence of a formal marriage certificate means the evidentiary burden often sits higher in practice.
The definition of a de facto relationship under the Migration Act requires that you and your partner:
- Are not married to each other
- Are in a genuine, exclusive relationship
- Live together or do not live apart on a permanent basis
- Have a mutual commitment to a shared life
Same-sex de facto couples are treated identically to opposite-sex de facto couples under Australian migration law — there is no separate pathway or additional requirement.
| Relationship Type | 820/801 Eligible | 309/100 Eligible | 300 Eligible |
|---|---|---|---|
| Married | Yes | Yes | No (already married) |
| De facto (12+ months or registered) | Yes | Yes | No |
| Engaged (not yet married) | No | No | Yes |
| Long-distance, not cohabiting | Generally no | Generally no | Potentially via 300 |
Tip: If you are a de facto couple who has not yet reached 12 months of cohabitation, explore whether your state or territory offers relationship registration — this can unlock partner visa eligibility earlier than the standard 12-month rule and is significantly underutilised by applicants we work with.
→ Deep Dive: Eligibility for Partner, Graduate and Bridging Visas
Ready to Apply for a Partner Visa?
Partner visa applications involve significant documentation requirements, multi-year processing timelines, and legal consequences if your current visa conditions are not carefully managed throughout the process. Getting the pathway right from the outset — and building your evidence file correctly from day one — is the most effective way to reduce processing delays and avoid requests for further information.
Our MARA-registered agents at VJ Consulting review your relationship history, current visa status, and evidence holdings to identify the right pathway and the strongest possible application.
Book a Consultation to speak with one of our registered migration agents about your partner visa options.
