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PARTNER

Partner Visa (Subclass 820/801 & 309/100)

Sponsoring your partner for permanent residency. Keeping families together.
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The Partner visa program is central for people in genuine relationships with Australian citizens, permanent residents, or eligible New Zealand citizens. It recognises the importance of family unity in Australia’s immigration landscape.

These visas are essentially structured in two stages: the temporary visa first, followed by the permanent visa. This allows the Department to assess the genuineness and ongoing nature of the relationship over time.

Visa Options

Onshore (Subclass 820/801)

For applicants who apply while already in Australia.

  • 820 (Temporary): Permits full work rights, study rights, and access to Medicare.
  • 801 (Permanent): The permanent stage, assessed two years after the initial application.

Offshore (Subclass 309/100)

For applicants who apply from outside Australia.

  • 309 (Temporary): Allows visa holders to come to Australia and live with their partner.
  • 100 (Permanent): The permanent stage, assessed two years later, offering the same rights as the 801.

Did you know?

Starting 25 November 2023, location restrictions were lifted to allow the Offshore (Subclass 309/100) visa to be granted in or outside Australia, giving couples and families flexibility in a world that is fast embracing global mobility.

Are you in a long term relationship or do you have a child with Australian partner?

For Australian migration purposes, a relationship is considered long-term if it has existed for at least three years, or at least two years if the couple have a child together. Meeting this requirement may mean you are eligible for permanent residency without having to wait the additional time. 

Are you the holder of a temporary visa, and in a relationship with an Australian partner?

Many temporary visa holders find love in Australia with Australian partners. Changing visas can be complex, especially if you have concerns with your current temporary visa. If your temporary visa has been refused, or is at risk of refusal, it is far beneficial to speak to a migration professional quickly. This may save you the risk of losing work and travel rights, and remaining in Australia on a disadvantageous Bridging visa. 

Case study: Ari is in a relationship with his Australian partner, Rachel. He holds a Bridging visa A from a Student visa he submitted some months ago. The couple want to submit a Partner visa at some point.

Ari’s latest Student visa was refused recently, and the couple are looking to accelerate Ari’s Partner visa. What they don’t know at this time is that because Ari is the holder of a Bridging visa A, he must now satisfy the Schedule 3 criteria if pursuing a Partner visa onshore. He faces a Bridging visa C which carry no work and travel facilities. 

The Partner visa page on the Department’s website provides no further information on visa applicants who do not hold a substantive visa, other than that you have to meet additional criteria and a link to who can help you if you want immigration assistance. 

Ari is also subject to additional requirements to make a valid Partner visa application which include providing two Statutory Declarations authored by Australian citizens/permanent residents, and a valid Sponsorship application. Failure to meet these requirements leaves Ari at the risk of an invalid Partner visa application, and serious uncertainties while in Australia. 

Ari and Rachel are unwilling to risk the refusal of Ari’s Partner visa, and decide to seek assistance. They learn the circumstance is far more serious, and how to approach the situation that works best for their relationship. They are surprised to learn the pathway avoids thousands of dollars in unnecessary fees and charges.

If this sounds familiar, reach out to us today by booking your consultation. Investing in the consultation fee and one hour of your time can change the trajectory of the next few years, possibly preventing more costs. 

 

The Four Pillars of Evidence

The Partner visa consists of four pillars to demonstrate the relationship:
  • Financial evidence
  • Social evidence
  • Cohabitation Aspect
  • Commitment Aspect

No two relationships are the same. We focus on building evidence that is applicable to your relationship, ensuring gathering evidence feels right and natural for you and your partner.

Frequently Asked Questions

Do I need to be married to apply for a Partner visa?
No. This is a common misconception found online. You do not need to be married, but you do need to meet one of three eligibility criteria for the Partner visa. You must either be married, be in a de-facto relationship where have lived together for 12 months and more, or have your relationship registered by the state in which you live.
You first receive a temporary visa (820 or 309), which lets you live and work in Australia. After two years, the permanent stage (801 or 100) is assessed, provided your relationship is ongoing and genuine. This stage requires another application and updated evidence of your ongoing relationship.

An eligible New Zealand citizen is a New Zealand citizen considered a protected Special Category visa (SCV) holder under the Social Security Act 1991. You are a protected SCV holder if you:

  • Were in Australia on 26 February 2001 holding an SCV, or
  • Spent at least 365 days in Australia between 26 February 1999 and 25 February 2001 and returned after 26 February 2001, or
  • Have confirmation from Centrelink that you meet the protected SCV criteria under the legislation.
The relationship must be genuine (not entered into for visa purposes) and continuing (ongoing commitment to a shared life). Evidence is assessed across financial, social, household, and commitment factors aspects.
Generally yes, but temporary separations are accepted if explained (e.g., work, study, cultural reasons). You must usually show cohabitation or strong reasons for not living together.
Yes. Despite what you may read online, same sex couple applying for a Partner visa is no different to heterosexual couples. Partner visas are long and can be challenging, the same applies to all couples. Australia embraced and lawfully declared marriage equality on 9 December 2017, allowing same sex couples to apply for the Partner visa as a married couple. Do not be discouraged reading online that the Partner visa is more complex or challenging for same sex couples – this is simply not true.
If the relationship ends before the visa is granted, you may risk visa refusal or cancellation. Limited exceptions may apply, such as family violence provisions and/or if there is a child of the relationship for whom you share custody.
If the relationship ends due to family violence, the applicant may still be granted a permanent visa if they can provide sufficient evidence of the family violence, please book a consultation for advice.
Yes. Dependent children can be added to your application or included later.
Processing times vary but are generally lengthy (often between 12–24 months). Onshore partner visas sometimes allow applicants to remain in Australia on a bridging visa while awaiting a decision.
If applying onshore (subclass 820/801), you are granted a Bridging Visa A after your current visa expires, allowing you to stay lawfully in Australia while your application is processed. If you do not hold a substantive visa at time of application, your visa status and history will determine which Bridging visa you may receive.leo.
Yes. You and any included family members must meet health and character requirements. Police checks from each country you’ve lived in for 12 months or more, and medical examinations are required.
There is no formal English requirement for the visa at this current time. In October 2020, the Morrison Government released English requirements for sponsors and partner visa applicants would be required in late 2021. To date, these policies have not been implemented.
Yes. If the sponsor withdraws their support, the application cannot proceed unless certain exceptions apply.
Sponsors must be approved before the visa can be granted. This includes character checks, previous sponsorship history, and whether they have sponsored multiple partners in the past (which may trigger restrictions).
A person can only sponsor two partners in their lifetime and must wait at least five years between sponsorships. Within the boundaries of limited exceptions, this limitation may be waived. Please book a consultation for advice.
If you hold a substantive visa, yes you can travel with no limitations. If you hold a Bridging visa A, you must first apply for a Bridging visa B and wait for it to be approved before you depart Australia.
Upon lodging your subclass 820/801 visa, you are issued an acknowledgement notice and Bridging visa (if applicable). These serve as proof of having applied for permanent residency, which Medicare will need for your enrolment. You can apply for Medicare once you have these documents, you do not need to wait for permanent residency to be granted. We can assist you with this process.
Certain Partner visa applicants who were unlawful or on a bridging visa may still apply if Schedule 3 criteria are met, but these requirements are strict and require compelling circumstances. These applications are complex and require the support of a legal submission, please book a consultation for advice.
Permanent Partner visa holders may apply for citizenship once they meet residency requirements—typically four years of lawful residence, including at least one year as a permanent resident.

Expert Support for All

From employer sponsorship and skilled migration to partner and family visas, we assist clients across a wide range of Australian immigration matters with professional guidance and personalised support. Contact us today to learn more.
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