Australian partner visas allow the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. There are several visa options depending on your relationship status, location, and future plans.
Partner Visa Australia: Subclass 309/100, 820/801
If you are in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be able to apply for a Partner visa for Australia.
At Tolic Lawyers, we assist clients with Prospective Marriage visas (Subclass 300), Offshore Partner visas (Subclass 309/100), and Onshore Partner visas (Subclass 820/801). We guide you through every stage of the process, from assessing eligibility to preparing strong relationship evidence and lodging a decision-ready application.
Whether you are engaged, married, or in a de facto relationship, obtaining the right legal advice early can help you avoid delays, weak evidence, and unnecessary stress.
Which Partner Visa Is Right for You?
The right visa pathway depends on whether you are inside or outside Australia, whether you are engaged, married, or in a de facto relationship, and whether you meet the legal requirements under migration law.
Subclass 309/100 – Offshore Partner Visa
For applicants outside Australia
The Subclass 309/100 Partner visa is for applicants who are outside Australia and are either married to, or in a de facto relationship with, their Australian partner.
The Subclass 309 visa is the temporary stage. Once granted, it allows the applicant to enter and remain in Australia while the permanent Subclass 100 visa is processed.
To succeed, applicants must show that the relationship is genuine and continuing, and that they meet the relevant criteria for either marriage or de facto status. In most cases, the permanent stage is assessed around two years after the date of the initial application.
This pathway may be suitable if you are overseas and want to migrate to Australia as the spouse or de facto partner of an Australian sponsor.
Subclass 820/801 – Onshore Partner Visa
For applicants in Australia
The Subclass 820/801 Partner visa is for applicants who are already in Australia and are married to, or in a de facto relationship with, their Australian partner.
The Subclass 820 visa is the temporary stage and allows you to remain in Australia while the permanent Subclass 801 visa is processed.
Applicants must provide substantial evidence that the relationship is genuine and continuing. The permanent stage is usually assessed around two years after the date of lodgement.
This visa pathway is commonly used where the applicant is already in Australia on another visa and wishes to remain in Australia with their partner.
What Evidence Do You Need for a Partner Visa?
All Australian partner visa applications require strong evidence of a genuine and continuing relationship, however this is not an exhaustive list.
Four Pillars of Relationship Evidence:
1. Financial Aspects
You should provide evidence showing financial interdependence, such as:
- joint bank account statements
- shared bills and household expenses
- lease or mortgage documents
- evidence of sending money to each other
- joint purchases or shared liabilities
2. Nature of the Household
You should show how you live together and manage your domestic life, including:
- shared living arrangements
- household responsibilities
- mail sent to the same address
- lease agreements or home ownership documents
- statements explaining how your home life operates
3. Social Aspects
You should provide evidence that others know about your relationship, such as:
- photographs together
- travel evidence
- invitations or attendance at events together
- social media posts
- Form 888 statements from friends and family (ensuring the forms completed are no generic)
4. Nature of Commitment
You should show the long-term nature of your relationship, for example:
- relationship history and timeline
- future plans together
- ongoing communication
- emotional support
- evidence of commitment during periods of separation
A strong partner visa application is not just about uploading documents. It is about presenting your relationship clearly, consistently, and in a way that addresses the legal criteria.
Sponsor Requirements
At a minimum, sponsors must meet key legal requirements, including:
- Lifetime sponsorship limit: In most cases, a person can only sponsor up to two partner visas in their lifetime (with very limited exceptions in exceptional circumstances).
- Character requirements: Sponsors must pass strict character checks, including no serious criminal history or relevant convictions that would make them ineligible to sponsor.
- Eligibility to sponsor: The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen who meets all legal sponsorship obligations.
- Ongoing obligations: Sponsors are legally responsible for supporting their partner during the visa process and for a defined period after visa grant.
Because sponsorship rules are tightly assessed, even small issues—such as prior sponsorship history or past offences—can significantly impact the outcome of an application.
How Tolic Lawyers Can Help With Your Partner Visa
At Tolic Lawyers, we assist with:
- advice on the most suitable partner visa Australia pathway
- eligibility assessment for Subclass 300, 309/100, and 820/801
- advice on de facto relationship requirements Australia
- tailored evidence checklists
- reviewing weak or incomplete relationship evidence
- drafting relationship statements and submission letters
- lodging front-loaded applications
- assistance with complex matters, including periods of separation, limited cohabitation, prior refusals, sponsor history, and health or character concerns
We understand that every relationship is different. Our role is to help you present your case properly and reduce the risk of avoidable issues.
Why Choosing the Right Partner Visa Lawyer Matters
Many partner visa refusals and delays happen because of:
- weak or inconsistent evidence
- misunderstanding the de facto requirements
- poor explanation of relationship history
- gaps in cohabitation evidence
- relying on generic checklists without legal advice
- failing to address concerns early
Working with an experienced partner visa lawyer in Australia can help ensure your application is properly prepared from the beginning.
Frequently Asked Questions About Partner Visas in Australia
What is the difference between Subclass 309 and Subclass 820?
The Subclass 309 visa is for applicants who are outside Australia when they apply, while the Subclass 820 visa is for applicants who are in Australia at the time of application.
What is the difference between Subclass 300 and Subclass 309?
The Subclass 300 visa is for engaged couples who intend to marry in Australia. The Subclass 309 visa is for couples who are already married or in a qualifying de facto relationship.
Can I apply for a partner visa if I am not married?
Yes. You may still be eligible if you are in a de facto relationship and can provide sufficient evidence that your relationship is genuine and continuing.
How long do you need to be together for a de facto partner visa?
In many cases, de facto couples are expected to have been in the relationship for at least 12 months before applying and cohabitation of at least 12 months, unless an exemption applies, such as registration of the relationship under Australian state or territory law (which waives) cohabitation requirement. All 4 pillars of relationship still needs to be satisfied.
Can I apply for a partner visa while in Australia?
Yes. If you are in Australia and meet the relevant requirements and be either in de facto or marriage relationship, you may be able to apply for the Subclass 820/801 Partner visa.
What evidence is needed for a partner visa?
Evidence usually includes documents across the Four Pillars:
financial aspects, household arrangements, social aspects, and the nature of your commitment to each other.
Can I include children in my partner visa application?
In many cases, yes. Dependent children may be able to be included, depending if they can meet member of family unit definition, so aa dependent child 23 years of under.
How long does a partner visa take in Australia?
Processing times vary depending on the visa subclass, the quality of the evidence provided, and whether the Department requests further information.
What happens after the temporary partner visa is granted?
If you are granted the temporary stage, such as the Subclass 309 or Subclass 820, the permanent stage, being the Subclass 100 or Subclass 801, is usually assessed around two years after the initial application date.
Can Tolic Lawyers help if my relationship evidence is weak?
Yes. We can review your documents, identify gaps, and help you prepare stronger evidence and submissions tailored to your circumstances.
Book a Consultation About Your Partner Visa
If you are planning to apply for a Partner visa in Australia, or you are unsure whether the Subclass 300, 309, or 820 visa is right for you, we can help.
Book a consultation with Tolic Lawyers today to receive advice tailored to your relationship.
The Subclass 309 visa is for applicants who are outside Australia when they apply, while the Subclass 820 visa is for applicants who are in Australia at the time of application.
The Subclass 300 visa is for engaged couples who intend to marry in Australia. The Subclass 309 visa is for couples who are already married or in a qualifying de facto relationship.
Yes. You may still be eligible if you are in a de facto relationship and can provide sufficient evidence that your relationship is genuine and continuing.
In many cases, de facto couples are expected to have been in the relationship for at least 12 months before applying and cohabitation of at least 12 months, unless an exemption applies, such as registration of the relationship under Australian state or territory law (which waives) cohabitation requirement. All 4 pillars of relationship still needs to be satisfied.
Yes. If you are in Australia and meet the relevant requirements and be either in de facto or marriage relationship, you may be able to apply for the Subclass 820/801 Partner visa.
Evidence usually includes documents across the Four Pillars:
financial aspects, household arrangements, social aspects, and the nature of your commitment to each other.
In many cases, yes. Dependent children may be able to be included, depending if they can meet member of family unit definition, so aa dependent child 23 years of under.
Processing times vary depending on the visa subclass, the quality of the evidence provided, and whether the Department requests further information.
If you are granted the temporary stage, such as the Subclass 309 or Subclass 820, the permanent stage, being the Subclass 100 or Subclass 801, is usually assessed around two years after the initial application date.
Yes. We can review your documents, identify gaps, and help you prepare stronger evidence and submissions tailored to your circumstances.
If you are planning to apply for a Partner visa in Australia, or you are unsure whether the Subclass 300, 309, or 820 visa is right for you, we can help.
Book a consultation with Tolic Lawyers today to receive advice tailored to your relationship.
