Subclasses 820, 801, 309, 100 and 300
Partnership Visa Australia
A partnership visa, officially the Australian partner visa, lets the partner of an Australian citizen, permanent resident or eligible New Zealand citizen live in Australia, and which of its five subclasses you apply for depends on where you are on the day you lodge.
Which partner visa subclass do you apply for?
If you are in Australia today, you apply for the subclass 820. If you are outside Australia today, you apply for the subclass 309, or for the subclass 300 if you are engaged rather than married or in a de facto relationship.
| Where you are on the day you lodge | Your relationship on that day | The subclass you apply for | The permanent visa it leads to | Where you must be when it is granted | What you have while you wait | Read next |
|---|---|---|---|---|---|---|
| Inside Australia | Married or de facto | Subclass 820 (temporary) | Subclass 801 | Inside or outside Australia | Usually a bridging visa that keeps you lawful in Australia; its conditions depend on the visa you held | partner visa subclass 820from subclass 820 to subclass 801 |
| Inside Australia, holding no substantive visa | Married or de facto | Subclass 820, with the extra Schedule 3 criteria | Subclass 801 | Inside or outside Australia | Depends on your visa history; get advice before you lodge | partner visa subclass 801 |
| Outside Australia | Married or de facto | Subclass 309 (provisional) | Subclass 100 | Outside Australia | No Australian visa from this application; you wait offshore | partner visa subclass 309partner visa subclass 100 |
| Outside Australia | Engaged, and you intend to marry | Subclass 300 (prospective marriage) | Subclass 820, then subclass 801 | Outside Australia | Once granted, the 300 lasts 9 to 15 months: you travel, marry, then apply for the 820 | prospective marriage visa subclass 300 |
| Inside Australia, holding a subclass 300 | Married to your sponsor | Subclass 820, as a subclass 300 holder | Subclass 801 | Inside or outside Australia | A reduced charge applies: see partner visa cost | Covered on the subclass 820 and 801 pages |
Compare both lodgement routes side by side: onshore or offshore partner visa.
If you are in Australia now
You lodge the temporary subclass 820 and the permanent subclass 801 as one application, and item 1214C of Schedule 1 to the Migration Regulations 1994 (Cth) requires you to be in Australia when you do. See partner visa subclass 820, partner visa subclass 801 and the step from subclass 820 to subclass 801.
If you are outside Australia now
You lodge the provisional subclass 309 and the permanent subclass 100 together, and item 1220A of Schedule 1 requires you to be outside Australia when you do. You hold no Australian visa while you wait unless you get one separately. See partner visa subclass 309 and partner visa subclass 100.
If you are engaged but not yet married
You apply for the subclass 300 from outside Australia. Under clause 300.511 of Schedule 2 it lasts 9 to 15 months from grant, as the Department sets (9 months if it sets none), and condition 8519 requires you to marry your sponsor within that period. You then apply for the subclass 820 in Australia at a reduced charge. See prospective marriage visa subclass 300.
What if you are in Australia on a tourist visa?
You can lodge a subclass 820 while holding a visitor visa if it does not carry condition 8503 ("no further stay"), or if the Department has approved a waiver of that condition first. If you hold no substantive visa, Schedule 3 criteria also apply, and a refusal since you last entered Australia can bar you under s 48 of the Migration Act 1958 (Cth). The partner visa requirements page sets out every criterion.
Can you change from one subclass to another after lodging?
No. Arriving in Australia does not turn a lodged subclass 309 into a subclass 820, and leaving does not turn a subclass 820 into a subclass 309; a new pathway means a new application and a new charge. The trade-offs are compared on onshore or offshore partner visa.
How the two stages fit together
- Stage 1
- Temporary. Live, work and study while the permanent stage waits.
- Eligibility date
- Two years after the day you lodged. The Department then asks for fresh relationship evidence.
- Stage 2
- Permanent. Stay indefinitely and, when eligible, apply for citizenship.
- Subclass 300
- Engaged couples only. Marry within the visa's life, then lodge the 820 in Australia.
The order it happens in
Every guide on this site sits at one of these six stages. Each page shows which one.
- 1 Decide Which subclass fits where you are and how you are related.
- 2 Prepare Evidence, checks and documents, gathered before you pay.
- 3 Lodge The online application, the charge and the sponsor form.
- 4 Wait Bridging visas, requests for information and the two-year date.
- 5 Decision The grant or refusal letter, and what each one means.
- 6 After Work, study, Medicare, travel and the road to citizenship.
Describe your situation, and get the pages that fit it
A sentence or two is enough, for example: “I’m in Australia on a student visa and we married last month.” Don’t include names, passport numbers or other identifying details.
What is an Australian partner visa?
An Australian partner visa is the visa for the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen who sponsors them. It is one application for two visas: a temporary visa (the subclass 820 or 309), then a permanent visa (the subclass 801 or 100) that you can be assessed for two years after you lodged. The criteria sit in Schedule 2 to the Migration Regulations 1994 (Cth), Parts 820, 801, 309, 100 and 300, and apply to same-sex and different-sex couples alike.
Who can sponsor you?
Your sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen aged 18 or over, and the Department must approve the sponsorship. It may refuse if this would be the sponsor's third partner sponsorship, or if in the last 5 years they sponsored another partner or were sponsored as one. The sponsor requirements page covers the exceptions.
Is a partner visa permanent residence?
The subclass 820 and 309 are temporary. The subclass 801 and 100 are permanent: you become a permanent resident on the day of grant, with a travel facility of 5 years.
Where to find the cost and the waiting times
The charge, what each extra applicant pays and what else to budget for are all on the page about partner visa cost. How long each subclass is taking right now, and what the published percentiles mean, is on the page about partner visa processing time. Both are dated and re-checked against the Department of Home Affairs.
What evidence do you need?
Regulations 1.09A and 1.15A of the Migration Regulations 1994 (Cth) require the Department to consider four things:
- the financial aspects of the relationship
- the nature of the household
- the social aspects of the relationship
- the nature of your commitment to each other.
| Document | Which factor it proves |
|---|---|
| Joint lease, mortgage, loan or bank statements | Financial aspects |
| Bills and mail addressed to both of you | Nature of the household |
| Statements from two witnesses aged 18 or over | Social aspects |
| Written history of the relationship and your plans | Nature of the commitment |
The supporting statements from people who know you both are usually made on Form 888 for a partner visa. Everything else is on partner visa relationship evidence.
How do you apply?
- Work out your subclass from where you will be on the day you lodge.
- Check the relationship, sponsor, health and character criteria.
- Gather identity, relationship and character documents.
- Lodge in ImmiAccount and pay the charge (month 0).
- Give your sponsor the transaction reference number for the sponsorship form.
- Complete health examinations and biometrics when asked.
- Keep adding relationship evidence while you wait.
- Submit the permanent-stage documents two years after lodging (month 24).
The detail is on how to apply for a partner visa.
What happens after you lodge?
- Month 0: acknowledgement. Onshore applicants who held a substantive visa get a Bridging visa A, which starts when their current visa ends.
- Following months: requests for health checks, police certificates and, under s 56 of the Migration Act 1958 (Cth), further information.
- The decision on the temporary visa: timing varies, so check the page on partner visa processing time.
- Month 24: you become eligible for the permanent assessment and submit the second-stage documents yourself.
The waiting page covers each stage in detail.
What happens if a partner visa is refused?
The refusal letter says whether you can seek review by the Administrative Review Tribunal, which replaced the Administrative Appeals Tribunal on 14 October 2024. Under s 347 of the Migration Act 1958 (Cth) you have 28 days from notification (14 if you are in immigration detention). The Tribunal charges an application fee; the page on partner visa cost covers it.
What changed for partner visas in 2026?
- 1 July 2026: a lower charge for main applicants with a passport from an eligible Pacific Island country or Timor-Leste, per the Department of Home Affairs subclass 820 page.
- 25 July 2026: Ministerial Direction 117 replaced Direction 102, per the Department's family visa processing priorities page.
- As at 23 September 2026: a proposal to stop visitor visa holders applying for a partner visa in Australia had not become law.
Sources for each are on partner visa changes.
Questions people ask about Australian partner visas
Is a partner visa hard to get?
The criteria are applied twice, at the temporary stage and again at the permanent stage. One missed criterion leads to refusal, and the charge is not refunded.
What is the difference between a partner visa and a spouse visa?
"Spouse visa" is an everyday name, not a separate visa. Married and de facto couples apply for the same subclasses with different relationship evidence.
How long do you have to be together for a partner visa?
Married couples have no minimum. De facto partners usually need 12 months together immediately before applying, unless the relationship is registered in an Australian state or territory or compelling and compassionate circumstances exist.
Can you work while you wait?
Onshore, you keep the work rights of your current visa and then your Bridging visa A (check its conditions in VEVO); the subclass 820 gives full work rights. Offshore, you have none in Australia until the subclass 309 is granted.
Do you need a migration agent?
Not by law, but under ss 276 and 280 of the Migration Act 1958 (Cth) only registered migration agents, Australian legal practitioners and exempt persons may give immigration assistance; see migration agent for a partner visa.
Why is an Australian partner visa so expensive?
The charge in Schedule 1 to the Migration Regulations 1994 (Cth) pays for both the temporary and the permanent assessment in one amount. It is not refunded on refusal.
Quick answers
Which partner visa subclass do I apply for?
It depends on where you are on the day you lodge. If you are in Australia, you apply for the subclass 820 and 801 together. If you are outside Australia and married or in a de facto relationship, you apply for the subclass 309 and 100 together. If you are outside Australia and engaged but not yet married, you apply for the subclass 300 prospective marriage visa.
Is partner visa 801 the same as PR?
Yes. The subclass 801 and the subclass 100 are permanent visas, and you become a permanent resident on the day either is granted. The subclass 820 and the subclass 309 are temporary visas that you hold while you wait for the permanent stage.
Sources
Primary sources this page was checked against on 23 September 2026.
- Department of Home Affairs, Partner visa (subclass 820 and 801) immi.homeaffairs.gov.au
- Department of Home Affairs, Partner visa (subclass 309 and 100) immi.homeaffairs.gov.au
- Department of Home Affairs, Prospective Marriage visa (subclass 300) immi.homeaffairs.gov.au
- Department of Home Affairs, Global visa processing times guide immi.homeaffairs.gov.au
- Department of Home Affairs, Visa Pricing Estimator immi.homeaffairs.gov.au
- Migration Regulations 1994 (Cth), Federal Register of Legislation www.legislation.gov.au
Every part of the partner visa process
Choose your visa
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Onshore or offshore partner visa
Which subclass your location opens.
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Partner visa subclass 820
Your status while you wait onshore.
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Partner visa subclass 801
What permanent residence gives you.
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From subclass 820 to subclass 801
The two-year date and documents.
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Partner visa subclass 309
The offshore cost and wait.
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Partner visa subclass 100
What the offshore permanent grant changes.
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Prospective marriage visa subclass 300
The nine-month marriage deadline.
Qualify and prove it
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Partner visa requirements
Every criterion.
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Partner visa relationship evidence
The four factors.
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Form 888 for a partner visa
The supporting statements from people who know you both.
Lodge and pay
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How to apply for a partner visa
The ImmiAccount steps.
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Partner visa cost
Charges and totals.
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Partner visa processing time
Percentiles and trend.
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Migration agent for a partner visa
Who may help.
Stay current
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Partner visa changes
Every dated change, sourced.
One missed criterion, such as an unwaived condition 8503, an expired police certificate or thin relationship evidence, can refuse a partner visa with no refund. An application prepared by a registered migration agent or an Australian legal practitioner is more likely to succeed, because they test each criterion against your facts before you lodge. No one can guarantee a grant, but professional preparation removes the avoidable reasons for refusal.
Have a registered professional check your application
Choosing the wrong subclass, or lodging in Australia when a condition such as 8503 stops you, can make an application invalid, and the Department does not refund the charge when it refuses an application.
An application prepared or reviewed by a registered migration agent or an immigration lawyer is more likely to succeed: they read the criteria against your facts, spot the gaps before you pay, and answer the Department’s requests on time. No one can promise a grant.
Send a short note below. It goes to a registered migration agent or Australian legal practitioner who can reply to you. This site does not give immigration assistance itself.