Originally published: April 2024 | Last reviewed and updated: July 2026
The Australian Partner visa is the main pathway for spouses and de facto partners of Australian citizens, Australian permanent residents, and eligible New Zealand citizens to live together in Australia. Depending on whether you apply from inside or outside Australia, the pathway is usually Subclass 820/801 or Subclass 309/100.
This article explains how the partner visa pathway works, what evidence the Department of Home Affairs expects, and how the temporary and permanent stages differ. For personalised advice, book a consultation with Augustine and Co.
Subclass 820/801 vs 309/100
| Visa | Where you apply | Temporary stage | Permanent stage | Work rights while waiting |
|---|---|---|---|---|
| Subclass 820/801 | Inside Australia | Subclass 820 | Subclass 801 | Usually yes, via Bridging Visa A |
| Subclass 309/100 | Outside Australia | Subclass 309 | Subclass 100 | No Bridging Visa, because the application is offshore |
Understanding the Four Aspects of a Relationship
When assessing applications for partner visas, Australian immigration authorities require evidence that the relationship is genuine and continuing. This evaluation is based on four key aspects:
- Financial aspect: This refers to how financial responsibilities are shared between partners. The authorities look at whether the couple pools their financial resources and how they handle their finances together. It is not just about sharing expenses but also about whether the financial interdependence reflects a long-term commitment.
- Social aspect: Social acknowledgment of the relationship is also scrutinized. This involves how the couple presents themselves in their social circles and to the outside world, including how they participate in social activities together or how their relationship is recognized by their friends, family, and community.
- Nature of the household: This aspect examines how the couple manages their household together. It looks at the arrangements they have made to share domestic tasks, how they support each other in daily life, and any other ways they organize their living arrangements to accommodate each other’s needs and lives.
- Mutual commitment to a shared life: Finally, the depth of commitment to a shared life is evaluated. This includes understanding the couple’s future plans, their fidelity to one another, and the overall stability and exclusivity of their partnership. It’s about assessing whether the couple sees and plans their future together, indicating a lasting bond.
These four criteria collectively help determine the authenticity of the relationship. They are designed to provide a comprehensive picture of the partnership, ensuring that only genuine couples who are committed to building a life together are granted a partner visa.
What evidence the Department expects
A strong partner visa application usually includes evidence from all four relationship categories. The more consistent and recent the evidence, the better.
Helpful evidence includes:
Joint bank account statements
Lease or mortgage documents
Utility bills showing shared address
Photos from different periods of the relationship
Travel records and boarding passes
Messages, call logs, and emails for long-distance couples
Statutory declarations from friends and family
Evidence of joint plans, such as future travel, housing, or marriage arrangements
If the couple has not lived together, the application should clearly explain why and show the relationship is still genuine and continuing.
Navigating the Technical and Complex Application Process
The process of applying for a partner visa is intricate and highly technical, demanding a deep understanding of immigration law and policy. There is no simple form filling; instead, applicants must navigate a complex array of requirements, providing extensive and persuasive documentation to meet strict regulatory standards.
Challenges in this process often include proving the relationship’s authenticity and meeting the exacting health and character checks. Errors in application or insufficient documentation can lead to delays or even refusals, making professional guidance indispensable. A refusal would result in the applicant losing the application fee paid without any refunds available from the Department.
Subclass 820 and Subclass 309 Visas
The Subclass 820 Partner visa is for applicants who are in Australia when they lodge the application. Once lodged, the applicant is usually granted a Bridging Visa A, which comes into effect after the substantive visa expires.
The Bridging Visa A generally allows the applicant to remain lawfully in Australia while the application is processed. Depending on the conditions attached, it may also allow work and study. If the applicant needs to travel overseas while on a Bridging Visa A, they may need to arrange travel rights before leaving Australia.
The Subclass 309 Partner visa is for applicants who are outside Australia when they lodge the application. It is the temporary first stage of the offshore partner visa pathway and leads to the permanent Subclass 100 stage if the relationship remains genuine and ongoing.
Unlike the onshore pathway, the Subclass 309 does not involve a Bridging Visa because the applicant applies from outside Australia.
How long partner visas take
Partner visa processing times vary depending on the quality of the application, the completeness of evidence, and the Department’s workload. Temporary-stage processing can take many months, and permanent-stage assessment usually happens later after the first stage is granted.
It is better to treat partner visa timing as variable rather than guaranteed. Applicants should plan for delays and ensure health, character, and relationship evidence is ready before lodgement.
Frequently Asked Questions
Q. What is the difference between Subclass 820 and Subclass 309?
Subclass 820 is the onshore partner visa for people applying from inside Australia. Subclass 309 is the offshore partner visa for people applying from outside Australia.
Q. Do I need to live together to apply for a partner visa?
Not always. The Department looks at the relationship as a whole. Living together helps, but some couples qualify even if they have not previously lived together, especially where there is a genuine reason.
Q. What evidence is most important?
The strongest applications usually include evidence across all four relationship categories: financial, household, social, and commitment to a shared life.
Q. Can I work while waiting for my onshore partner visa?
Many onshore applicants can work on a Bridging Visa A once their substantive visa expires, but the exact conditions depend on the visa and the bridging visa grant.
Q. What happens after the temporary visa stage?
If the relationship is still genuine and ongoing, the applicant is generally assessed for the permanent stage later in the process.
Partner visa applications succeed when the evidence is clear, consistent, and matched to the correct visa pathway. The key is to prepare the application properly from the start so the Department can see the relationship in full context.
Augustine and Co. can assist with both onshore and offshore partner visa applications. Book a consultation to discuss your circumstances.
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Disclaimer:This article is intended for informational purposes only and does not constitute legal advice. For personalized legal advice, please contact Augustine & Co. directly.
Author
Calvin Augustine is the founding solicitor of Augustine & Co. Immigration Lawyers. He graduated with Honors from the University of London law school, before being admitted to practice in Malaysia and Australia (admitted in SA, appears in all Victorian Courts and Tribunals, at trial and appellate levels).
