Onshore partner visas: subclasses 820 and 801.
The onshore pathway combines an application for the temporary subclass 820 and permanent subclass 801. The applicant must be in Australia when applying for the 820. Being in Australia is only the starting point: the current visa, its conditions and the person’s immigration history also need assessment.
Do not assume that lodging gives an immediate right to work or travel. Any bridging visa, its commencement and conditions need to be checked separately. Tell us about an approaching visa expiry before choosing a pathway.
Offshore partner visas: subclasses 309 and 100.
The offshore pathway combines the provisional subclass 309 and permanent subclass 100 applications. It is generally the starting point for a partner applying from outside Australia.
The couple’s location, intended travel and any existing Australian visa need to be considered together. A partner visa application does not itself provide a right to visit Australia while it is being decided.
Prospective marriage: subclass 300.
For some couples planning to marry, the Prospective Marriage visa deserves consideration alongside the partner pathways. It has its own requirements, including the intended marriage and the sponsor’s position.
It is not simply an interchangeable version of a partner visa. The order of marriage, travel and subsequent applications can affect the plan, so explain the intended dates before committing to arrangements.
Married and de facto couples.
The proposed sponsor generally needs to be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Being married does not remove the need to establish the relationship and the other requirements.
De facto applicants generally need to show at least 12 months in the de facto relationship before applying, subject to relevant exceptions or provisions. A registered relationship or particular circumstances can affect the assessment, but should not be treated as a substitute for examining the full requirements.
Tell us how the relationship developed and how you have lived as a couple. The date of meeting and the start of a de facto relationship are not necessarily the same date.
Relationship evidence
A useful application makes the history understandable. Documents and personal accounts should support each other, including an explanation of any time apart or unusual living arrangements. We identify what the existing evidence shows and what still needs explanation.
| Area | What the evidence may explain |
|---|---|
| Finances | How money, commitments, support and significant purchases are handled. |
| Household | Living arrangements, domestic responsibilities and any shared care of children. |
| Social recognition | How friends, family and others know the couple and their relationship. |
| Commitment | The relationship’s development, knowledge of each other, contact while apart and future plans. |
These are areas to explain honestly, not instructions to manufacture joint documents. A couple living apart for work or managing money separately needs an accurate explanation of their circumstances.
Sponsorship and immigration history
The proposed sponsor’s citizenship or residence status and any relevant sponsorship history need review. Previous relationships, prior visa applications, children and health or character issues may affect the work required.
Raise difficult details early. A refusal, a cancelled visa, a condition affecting further applications or a relationship history that needs explanation is a reason for a closer assessment before lodging.
The permanent partner visa stage
The permanent partner assessment usually becomes relevant two years after the combined temporary and permanent application was lodged, rather than two years after the temporary visa was granted. Different treatment may be available for some long-term relationships. Check the applicable pathway and circumstances.
Keep evidence current as the relationship develops. If circumstances change, including separation or family violence, obtain confidential advice promptly. Do not assume the effect on a pending application without an assessment.
When family and immigration issues overlap.
A child’s travel, an overseas divorce, a former partner or arrangements spanning countries can create questions beyond the visa application. Our cross-border family work allows those connections to be examined with the immigration position.
We explain which issues fall within the instruction and where advice in another jurisdiction may be needed.
Preparing for a partner visa consultation
- Both partners’ citizenship, current location and visa position.
- A short timeline: meeting, relationship, living arrangements and periods apart.
- Any marriage, prior relationship or children relevant to the application.
- Previous applications, refusals or sponsorship history.
- Visa expiries and planned travel or marriage dates.
The first assessment should identify the pathway, the issues and the work needed. Scope and fees are agreed before substantive work begins. Government charges and third-party costs are separate.
Frequently asked questions
Does being married automatically qualify someone for a partner visa?
No. Marriage alone does not establish all the requirements. The relationship, sponsor, immigration history and applicable pathway need assessment.
What is the difference between the onshore and offshore pathways?
The subclass 820/801 and 309/100 pathways have different application settings. Where the applicant is, their current visa and the couple’s circumstances matter. Check the requirements before making travel or application decisions.
What should we bring to a first conversation?
Start with both partners’ citizenship and current location, the applicant’s visa position, a short relationship history, any children or previous relationships, and dates already affecting your plans. We can then explain which issues need closer examination.
Do we need a joint bank account to make an application?
A joint account is one possible form of financial evidence. The assessment concerns the relationship as a whole. Explain how you actually manage money and responsibilities rather than creating documents that do not reflect your life.
When does the two-year period for the permanent stage start?
It generally runs from the combined temporary and permanent application date, not the date the temporary visa was granted. Long-term relationship provisions and the relevant circumstances need checking.
What if we have lived apart?
Tell us why, for how long and how the relationship continued. Work, travel or other living arrangements need to be explained alongside the evidence. Time apart should be assessed in context rather than treated as an automatic answer.
How long will a partner visa take?
Processing varies by pathway and circumstances. Home Affairs publishes a processing time guide based on recently decided cases; it is not a promised date for your application. We discuss your actual visa expiry and travel plans separately.
What costs should we plan for?
Professional fees, government application charges and third-party costs are separate. We agree our scope and fees before substantive work begins and explain the relevant stages. The current government charge should be checked for the applicants and pathway involved.
Official information
Read the current government guidance alongside advice for your circumstances.