Originally published: February 2023 | Last reviewed and updated: June 2026
If you are a US or Canadian citizen in a relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, the Australian Partner visa is the primary pathway to joining your partner in Australia and obtaining permanent residency.
The Partner visa is a two-stage pathway. The first stage grants temporary residence; the second stage, assessed approximately two years after lodgement, grants permanent residence. The visa subclasses available to you depend on whether you apply offshore (from the US, Canada, or elsewhere) or onshore (from within Australia). Both pathways lead to the same permanent outcome — the choice depends on your personal circumstances, work commitments, and how quickly you need to be in Australia.
For personalised advice on which pathway suits your situation, book a consultation with Augustine and Co.
Offshore vs Onshore Partner Visa: Key Differences
| Subclass 309/100 (Offshore) | Subclass 820/801 (Onshore) | |
|---|---|---|
| Where you apply from | Outside Australia | Inside Australia |
| Where you must be at decision | Outside Australia (for 309 grant) | Inside Australia (for 820 grant) |
| Bridging Visa granted on lodgement? | No | Yes — Bridging Visa A (BVA) |
| Work rights while waiting | No automatic work rights offshore | Full work and study rights on BVA |
| Medicare access | No | Yes — on BVA |
| Travel in/out of Australia | On a separate visa only | Yes on BVA (with travel facilitation) |
| Processing office (US applicants) | Global Processing — no longer Washington DC | Global Processing |
| Typical wait time (temporary stage) | 19 to 26 months | 19 to 26 months |
Partner Visa Categories
An Australian Partner visa is a 2-stage visa pathway. Its visa subclasses depend on the applicant’s location at the time of application.
- Subclass 309/100 Offshore Partner Visa
The Subclass 309/100 combination is for applicants who are outside Australia at the time of lodgement and prefer to remain in the US, Canada, or elsewhere while their application is processed.
The Subclass 309 is the temporary first stage. Unless you are in a relationship of at least three years duration (or have a dependent child with your partner), the Subclass 309 will be granted first, allowing you to enter and remain in Australia. The Subclass 100 permanent stage is assessed approximately two years after the date the Subclass 309 application was lodged, provided the relationship remains genuine and ongoing.
Important update — Washington DC processing office: The Australian Visa Processing Centre in Washington DC closed. US and Canadian applicants’ offshore partner visa applications are now processed globally by the Department of Home Affairs. There is no longer a dedicated North American processing office.
Key points for US and Canadian applicants:
The Subclass 309 is lodged offshore and you must also be offshore when the visa is granted
Once the Subclass 309 is granted, you can travel to Australia and live there on the temporary visa
You must notify the Department of any change in relationship circumstances during the waiting period
The Subclass 100 (permanent) is assessed automatically — you do not need to lodge a separate application
- Subclass 820/801 Onshore Partner Visa
The Subclass 820/801 combination is for applicants who are in Australia on a valid temporary visa at the time of lodgement. Upon lodging the Subclass 820 application, you are automatically granted a Bridging Visa A (BVA), which allows you to remain lawfully in Australia with full work and study rights while the application is processed.
The ETA strategy for US and Canadian applicants: US and Canadian passport holders are eligible for the Australian Electronic Travel Authority (ETA, Subclass 601), which allows multiple entries to Australia for up to 3 months per visit. A common strategy used by North American clients is to enter Australia on an ETA and lodge the Subclass 820 partner visa application while onshore. Once lodged, the BVA takes effect and replaces the ETA as the basis of lawful stay — meaning you no longer need to depart Australia every 3 months.
Key points:
You must be in Australia on a valid substantive visa when you lodge the Subclass 820 — you cannot lodge if you are already on a bridging visa
The BVA provides full work rights, study rights, and Medicare access from the date of lodgement
The Subclass 801 permanent stage is assessed approximately two years after the Subclass 820 lodgement date
US and Canadian citizens on an ETA cannot extend the ETA — they must lodge the partner visa before the ETA expires
See our partner visas service page for a full overview of both pathways.
For further detail about Augustine & Co.’s strategic action plans, please see our website service pages here.
Both Partner visa categories require you to prove that you are in a genuine and continuing relationship with your Australian citizen/permanent resident/eligible New Zealand citizen spouse or de-facto partner.
Most often than not, our American clients have already been through a similar visa process in the US/Canada for their Australian spouses or partners. Though there are some similarities in terms of the key criteria and documentary evidence required by the US government for instance. The Australian immigration law structure for this visa pathway can be much more complex and require extensive documentary evidence to demonstrate that you satisfy all legislative criteria and departmental policy.
Evidence Required for a Partner Visa Application
Both the offshore (309/100) and onshore (820/801) partner visa pathways require extensive evidence across four categories of relationship:
1. Financial aspects of the relationship
Joint bank account statements
Joint mortgage, lease, or property ownership documents
Evidence of joint financial commitments (insurance, loans, shared bills)
Statutory declarations confirming financial interdependence
2. Nature of the household
Joint lease or mortgage in both names
Evidence of shared address (utility bills, rates notices, government correspondence)
Statutory declarations from people who can confirm the shared household
3. Social aspects of the relationship
Joint travel itineraries, hotel bookings, and boarding passes
Photos together at family events, holidays, and social occasions
Wedding or engagement records (if applicable)
Evidence of recognition by each other’s family (cards, messages, photos)
Statutory declarations from friends and family confirming the relationship
4. Commitment to each other
Communication history (messages, emails — particularly for long-distance relationships)
Evidence that each partner is aware of the other’s personal circumstances
Evidence of plans to live together permanently
For North American applicants specifically: Long-distance evidence is critical. Couples who have spent significant time living in different countries must demonstrate the relationship has continued across distance — communication logs, visit history, and shared future plans are all relevant.
Partner Visa Government Fees (2026)
| Visa Stage | Fee (AUD) |
|---|---|
| First instalment (Subclass 309 or Subclass 820) — primary applicant | AUD 9,095 |
| Second instalment (Subclass 100 or Subclass 801) — assessed before grant | AUD 2,615 |
| Additional applicant aged 18 or over (first instalment) | AUD 4,550 |
| Additional applicant under 18 (first instalment) | AUD 2,280 |
| Administrative Review Tribunal (ART) appeal fee | AUD 3,580 (from 1 July 2025) |
All partner visa application fees are non-refundable — even if the application is refused, withdrawn, or the relationship ends. Medical examination costs (approximately AUD 400 to AUD 600 per person) and police clearances from all countries of residence are additional costs payable separately.
Frequently Asked Questions
Q. Can a US or Canadian citizen apply for an Australian Partner visa?
Yes. US and Canadian citizens are eligible for both the offshore Subclass 309/100 and the onshore Subclass 820/801 partner visa pathways. There is no nationality restriction on partner visas. Eligibility depends on the genuineness and status of the relationship with the Australian citizen, permanent resident, or eligible New Zealand citizen sponsor.
Q. Do I have to go to Australia to apply?
No. The offshore Subclass 309/100 allows you to apply from the US, Canada, or any country outside Australia. You do not need to be in Australia at any point during the application process until after the Subclass 309 is granted. Alternatively, you can enter Australia on an ETA and lodge the onshore Subclass 820 from within Australia.
Q. How long does the partner visa take to process?
The temporary stage (Subclass 309 or 820) typically takes 19 to 26 months for 75% of applications. The permanent stage (Subclass 100 or 801) is assessed approximately two years after the date the initial application was lodged. These times can vary depending on the complexity of the application and the completeness of evidence at lodgement.
Q. Is the Washington DC processing office still open for US applicants?
No. The Australian Visa Processing Centre in Washington DC has closed. US and Canadian applicants’ partner visa applications are now processed globally by the Department of Home Affairs.
Q. What is an ETA and how does it help North American applicants?
The Electronic Travel Authority (ETA, Subclass 601) is available to US and Canadian passport holders. It allows multiple visits to Australia of up to 3 months each. Many North American clients use an ETA to enter Australia and then lodge the onshore Subclass 820 partner visa while in Australia, triggering a Bridging Visa A that allows them to remain and work while the partner visa is decided.
Q. What is a Bridging Visa A and what does it allow me to do?
A Bridging Visa A (BVA) is automatically granted when you lodge an onshore partner visa application (Subclass 820). It allows you to remain lawfully in Australia with full work and study rights and Medicare access while your application is being processed. It replaces your substantive visa (such as an ETA) from the moment of lodgement.
Q. Can same-sex couples apply for an Australian Partner visa?
Yes. The Australian Partner visa is available to all couples regardless of gender or sexual orientation, including same-sex married couples and same-sex de facto couples.
Q. What happens if the relationship breaks down during the application?
If the relationship breaks down before the permanent stage is assessed, the application may be affected. In cases involving family violence, the family violence provisions of the Migration Regulations may allow an applicant to continue to permanent residency even if the relationship has ended. Legal advice should be sought immediately in this scenario. See our relationship breakdown and partner visas page.
Conclusion
The Australian Partner visa pathway is well-established and accessible to US and Canadian citizens. Choosing between the offshore and onshore routes, building a compelling evidence file, and managing the two-year wait to permanency are the three key challenges North American applicants face.
Augustine and Co. has extensive experience advising US and Canadian citizens and their Australian sponsors on all aspects of the partner visa process. Book a consultation with our partner visa team to discuss your circumstances and determine the best pathway for you.
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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).
