Applying for a Partner visa Australia application can feel overwhelming. The process involves strict legal requirements, detailed paperwork, and strong relationship evidence. Many couples underestimate how closely Home Affairs assesses these applications. Even small errors or weak evidence can cause delays or put the application at risk.
If you apply as a married or de facto couple, you need to know more than the visa pathway. You also need to understand what Home Affairs wants to see. The main Partner visa Australia pathways are the subclass 820/801 onshore visa, the subclass 309/100 offshore visa and the subclass 300 Prospective Marriage visa.
What Partner visa options are available?
Australia offers three main Partner visa pathways for people in a relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
Onshore Partner visa: subclass 820 and 801
The subclass 820 visa is the temporary onshore Partner visa and application is made in Australia. It lets the spouse or de facto partner of an eligible sponsor stay in Australia whilst 820 visa is being processed provided, application is made before current substantive visa expires or if application was made whilst holding a bridging visa in Australia. If you hold a bridging visa whilst in Australia and apply for a partner visa, additional requirement for Schedule 3 need to be satisfied.
Where an applicant does not hold a substantive visa and is eligible to apply for the 820/801 visa, additional documents must be provided at time of lodgement:
- Completed ‘Sponsorship for a Partner to Migrate to Australia’ online form by sponsor.
- Evidence to demonstrate sponsor’s status as Australian citizen, PR resident or eligible New Zealand Citizen (for example, passport or birth certificate).
- Evidence of minimum of two statutory declarations, each made within the last six weeks by an Australian citizen, Australian permanent resident or eligible New Zealand citizen confirming that you and your sponsor are in a married or de facto relationship. The person completing the declarations are Australian citizens or permanent residents, or eligible New Zealand citizens (for example, passport or birth certificate, PR visa grant).
Note: A form 888 is not a statutory declaration.
Offshore Partner visa: subclass 309 and 100
The subclass 309 visa is the temporary offshore Partner visa. It is the first step toward the subclass 100 permanent Partner visa. This pathway suits applicants who apply from outside Australia.
Prospective Marriage visa: subclass 300
The subclass 300 visa may suit engaged couples who are not yet married and application is made outside of Australia and applied must remain there until decision is made. Once a subclass 300 is granted, it allows the person to come to Australia, marry their fiancé(e), and then apply for a Partner visa 820/801 within 9-15 from visa grant of subclass 300 visa.
Some acceptable evidence for subclass 300 visa:
- Evidence that applicant and prospective spouse have met face-to-face as adults since turning 18 and know each other personally
- Letter from the person who will officiate at the wedding and that you will marry you within stipulated time
- Evidence that applicant and prospective spouse genuinely intend to live as spouses
- Evidence of written statement showing the history of relationship, such as:
- how, when and where you first met
- how your relationship developed
- when you got engaged
- what you do together
- significant events in the relationship
- your future plans as spouses.
- Two form 888 completed
- Proof that relationship is genuine and continuing (wedding plan, future plans, photos of engagament, evience of gifts purchased, financial evidence (ie. money transfer, gifts exchanged, joint bank statements), social outings together, travel records, photographs from visits etc
What are the 4 pillars of relationship?
At the centre of every subclass 820/801 and 309/100 Partner visa Australia application is one key issue. You must show that the relationship is genuine and continuing. The four pillars are:
- financial aspects of the relationship
- household and domestic arrangements
- social aspects of the relationship
- the nature of your commitment to each other.
This means your application needs more than photos and chat messages. It should show how your relationship works in real life.
What evidence should you include for subclass 820/801 and 309/100 visa?
Strong evidence often includes, but not exhaustive includes:
- joint bank account statements
- shared bills, lease agreements, or mortgage documents
- proof of living arrangements
- travel records and photos together
- evidence that friends and family know about the relationship
- communication records while apart
- supporting declarations such as Form 888.
- Social aspect of relationshipo (travel and photos and outings with family and friends)
Form 888 remains important in Partner and Prospective Marriage visa applications. The person who completes it must know the couple and understand the history of the relationship.
De facto relationships and timing
Timing matters for de facto couples. You need to establish the relationship properly before you lodge. You also need evidence that supports the relationship at the time of application. Where a person registers the relationship with an Australian state or territory authority, this may help in some case.
A registration of relationship waives the requirements of 12 months cohabitation requirement that is required to be met immediately before an application is lodged. However, the 4 pillars of relationship still need to be established and evidenced.
Many couples make mistakes here. Some lodge too early. Others assume the relationship will be easy to prove without a proper evidence strategy.
Sponsorship, health and character
A Partner visa Australia application also includes sponsorship. The sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. The sponsors must provide Australian police checks and any foreign police checks when they submit the sponsorship form. Any registrable offence or criminal convictions, may impact the assessment of sponsorship application.
When do you move to the permanent stage?
For applicants who hold a temporary Partner visa, 2 years must pass from the date of the original Partner visa application before the permanent stage assessement. This process can be a separate process if initially only subclass 820 visa was granted and further manual application will need to be lodged with additional evidence of genuine and ongoing relationship at time of 801 lodgement.
Common Partner visa mistakes
Common mistakes include:
- lodging too early with weak evidence
- relying too heavily on photos or chats
- using generic or weak Form 888 statements
- failing to explain periods of separation
- treating the application like a pile of documents instead of a structured case.
Why preparation matters
A strong Partner visa Australia application does more than prove the relationship exists. It shows, with clear and consistent evidence, that the relationship is genuine, ongoing, and legally eligible. Whether you apply under the 820/801 pathway, the 309/100 pathway, or start with the subclass 300 visa, preparation matters.
Need help with a Partner visa Australia application?
At Tolic Lawyers, we assist with Partner visa strategy, evidence review, and preparation of decision-ready applications.
If you are unsure which pathway applies to you, or whether your evidence is strong enough, book a consultation with our office to discuss your options.
Book here:
https://toliclawyers.com.au/contact-us/
Disclaimer
This article contains general information only. It should not be relied on as legal advice. Each matter turns on its own facts, evidence, and visa history. While care has been taken to ensure accuracy at the time of writing, migration law changes often. You should obtain advice tailored to your circumstances before acting on this information
