Australian Partner Visas (309/100 & 820/801) – Eligibility, Process & Expert Help
Australian Partner Visas
Australian partner visas 309 / 100 (offshore) and 820 / 801 (onshore)
Australian partner visas allow partners of Australian citizens, permanent residents or eligible New Zealand citizens to live together permanently in Australia.
If you are considering applying for a partner visa 820 / 801 or the offshore equivalents 309 visa / 100 visa, this page sets out what you need to know. It covers eligibility, application process, challenges and common pitfalls, as well as how Oli & Associates can help.
What are the 309 visa / 100 visa and the 820 visa / 801 visa?
Australian Partner Visas allow spouses or de facto partners of Australian citizens, permanent residents or eligible New Zealand citizens to live together in Australia. These visas are generally granted in two stages: a temporary (provisional) visa followed by a permanent visa, allowing the Department of Home Affairs to assess whether the relationship is genuine and ongoing over time.
The subclass 309 visa is a temporary offshore partner visa for applicants who apply from outside Australia and are offshore at the time of grant. It is the first step towards the permanent subclass 100 visa. Once granted, the applicant can travel to and live in Australia while the permanent visa is assessed.
The subclass 820 visa is a temporary onshore partner visa for applicants who are already in Australia when they apply and when the visa is granted. It leads to the permanent subclass 801 visa, which is usually assessed around two years after the combined 820/801 application is lodged, provided the relationship remains genuine and ongoing.
Choosing the correct pathway depends on where the applicant is located and whether they meet the specific eligibility requirements for onshore or offshore applications.
Step‑by‑step application process
Decide whether you apply offshore or onshore
- If you are outside Australia, then the subclass 309 visa / 100 visa applies.
- If you are inside Australia, then the subclass 820 visa / 801 visa is relevant. You may have to meet other requirements to be able to apply from onshore.
Sponsorship lodgement.
The sponsoring partner must be eligible and agree to sponsor, including providing any required evidence and proof of financial support.
Application lodgement.
Gather all required documents: identity, health, character checks, relationship evidence. Lodge your application using Immi Account. If any supplementary evidence is requested later, respond promptly
Temporary visa grant.
If applicable (for the 309 visa or 820 visa), you may receive the temporary partner visa while the permanent application (100 visa or 801 visa) is processed. During this period you can live, work and study in Australia (for 820 visa) or enter Australia (for 309 visa) under the conditions of the visa.
Permanent visa assessment.
After two years from the date of lodgement of the provisional application, the Department of Home Affairs assesses whether your relationship remains genuine and ongoing. If yes, the permanent partner visa (100 or 801) may be granted.
Who can apply and basic requirements
1. Applicant and sponsor eligibility
To apply for either visa, you must:
- Be at least 18 years old, or have consent in specific circumstances.
- Be in a genuine and continuous spousal or de facto relationship with an eligible sponsor (Australian citizen, Australian permanent resident or eligible New Zealand citizen).
- Meet health and character requirements.
- If applying for an offshore 309 visa / 100 visa, you must be outside Australia at the time of lodgement and when 309 visa is granted.
- If applying onshore (820 visa / 801 visa), you must be in Australia at the time of lodgement and grant.
If applying for an offshore 309 visa / 100 visa, you must be outside Australia at the time of lodgement and when 309 visa is granted.
If applying onshore (820 visa / 801 visa), you must be in Australia at the time of lodgement and grant.
2. Relationship evidence
You’ll need to provide strong evidence that the relationship is genuine and ongoing. This might include but is not limited to:
- Correctness and consistency in statement of relationship
- Shared financial and household responsibilities.
- Evidence of living together (for de facto relationships).
- Social recognition of your relationship (photographs, joint invitations, etc).
- Copies of communication and conduct occurring over an extended period of time.
Comparing other visa options
While partner visas are often the most direct path, you may also want to consider:
- Prospective marriage visa (subclass 300) if you intend to marry an Australian citizen or permanent resident, are outside Australia and want to apply before marriage
- Temporary pathways, depending on your current visa status, while waiting for the permanent partner visa.
- Other family visas and routes if partner visa conditions cannot be met.
Australian Partner Visa Processing time and cost
The Department of Home Affairs publishes visa processing times for partner visas and all applications are assessed on a case by case basis.
For most partner visa categories (both offshore and onshore), the provisional stage (309 visa or partner visa 820) must be granted before a permanent visa (100 or 801) is determined. For onshore permanent visa (801), eligibility usually arises two years after the combined visa 820 / 801 application is lodged.
Cost is determined via the Visa Pricing Estimator and the current visa application charge, and will depend on when you lodge, whether additional applicants are included and whether there are any applicable surcharges.
Common challenges and pitfalls for the Australian partner visas 309 / 100 (offshore) and 820 / 801 (onshore)
Insufficient relationship evidence..
Gaps in proof of shared life, financial matters or social recognition can raise questions.
Living together requirement in de facto relationships.
This can be tricky, especially if partners have not been cohabiting for long.
Delays in responding to requests for more information.
If you don’t provide all required health, character or identity documents, your application will stall.
Eligibility misunderstandings.
Applying under the wrong stream (onshore vs offshore), or not knowing that the two‑year requirement starts from lodging the provisional visa, not from grant.
Sponsor issues.
If a sponsor loses eligibility (e.g. moves abroad, has legal issues), it can affect the application.
How Oli & Associates can help you secure a Australian partner visa application process for 309/100 and 820/801 visas)
Oli & Associates has been assisting clients with family and partner visas since 2002. Based in Sydney, with offices throughout Nepal and Bhutan, we offer:
Expert advice on whether 309 visa or 820 visa is the right path for your situation
Guidance on gathering strong evidence that your relationship is genuine and continuing.
Help with using Immi Account correctly, lodging forms, and responding to any Department of Home Affairs requests promptly.
Strategic planning if your application may be affected by changes in your circumstances (e.g. relocation, securing sponsor eligibility, changes in law).
What are the next steps to apply for a Australian Partner Visas
Contact Oli & Associates today for a consultation. We can help you determine whether you should apply offshore or onshore, assist with the entire application process, avoid potential pitfalls and increase your chances of a successful outcome.
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