Partner Visa Pathways – Australia
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 300, 309, 100, 820 and 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 help clients with Prospective Marriage visas (Subclass 300), Offshore Partner visas (Subclass 309/100), and Onshore Partner visas (Subclass 820/801). We support you at 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, getting legal advice early can help you avoid delays, strengthen your evidence, and reduce unnecessary stress.
Which Partner Visa Is Right for You?
The right visa pathway depends on several factors, including 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 300 – Prospective Marriage Visa
For applicants outside Australia
The Subclass 300 Prospective Marriage visa, also known as the fiancée visa, suits people who are engaged to an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
This visa allows you to travel to Australia to marry your fiancé(e) within the visa validity period, which is usually up to 15 months. After you marry, you can then apply for the Subclass 820/801 Partner visa from within Australia.
To qualify, you must show that:
- you are engaged to your sponsor
- you genuinely intend to marry
- you have met each other in person as adults
- your relationship is genuine
- you intend to live together as spouses after marriage
Accordingly, this visa often suits couples who are not yet married and do not yet meet the requirements for a de facto relationship.
Subclass 309/100 – Offshore Partner Visa
For applicants outside Australia
The Subclass 309/100 Partner visa suits 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 the Department grants it, you can enter and remain in Australia while it processes the permanent Subclass 100 visa.
To succeed, you must show that your relationship is genuine and continuing and that you meet the legal requirements for either marriage or de facto status. In most cases, the Department considers the permanent stage around two years after the initial application date.
Therefore, this pathway may suit you 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 suits 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. It allows you to remain in Australia while the Department processes the permanent Subclass 801 visa.
To support this application, you must provide substantial evidence that your relationship is genuine and continuing. Usually, the Department considers the permanent stage around two years after lodgement.
As a result, this pathway commonly suits applicants who are already in Australia on another visa and want to remain here 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, the documents listed below are not exhaustive.
The Department generally looks at the Four Pillars of Relationship Evidence.
1. Financial Aspects
You should provide evidence of 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 showing that other people know about your relationship, such as:
- photographs together
- travel evidence
- invitations to, or attendance at, events together
- social media posts
- Form 888 statements from friends and family
4. Nature of Commitment
You should show the long-term nature of your relationship through evidence such as:
- your relationship history and timeline
- future plans together
- ongoing communication
- emotional support
- evidence of commitment during periods of separation
Importantly, a strong partner visa application involves more than uploading documents. You need to present your relationship clearly, consistently, and in a way that addresses the legal criteria.
How Tolic Lawyers Can Help With Your Partner Visa
At Tolic Lawyers, we assist with:
- advice on the most suitable partner visa pathway in Australia
- eligibility assessments for Subclass 300, 309/100, and 820/801
- advice on de facto relationship requirements in Australia
- tailored evidence checklists
- review of weak or incomplete relationship evidence
- drafting of 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
Because every relationship is different, we tailor our advice to your circumstances. In turn, this helps 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 applicants:
- provide weak or inconsistent evidence
- misunderstand the de facto requirements
- explain their relationship history poorly
- leave gaps in cohabitation evidence
- rely on generic checklists without legal advice
- fail to address concerns early
For that reason, working with an experienced partner visa lawyer in Australia can help you prepare your application properly 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. By contrast, 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 suits engaged couples who intend to marry in Australia. In comparison, the Subclass 309 visa suits 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 qualify 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 need to show that they have been in the relationship for at least 12 months before applying. They usually also need to show at least 12 months of cohabitation, unless an exemption applies. For example, registration of the relationship under Australian state or territory law may waive the cohabitation requirement. Even so, you must still satisfy all four pillars of the relationship.
Can I apply for a partner visa while in Australia?
Yes. If you are in Australia and meet the relevant requirements, and you are either married or in a de facto relationship, you may be able to apply for the Subclass 820/801 Partner visa.
What evidence is needed for a partner visa?
Generally, you should provide 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 included if they meet the definition of a member of the family unit, including where they are dependent children aged 23 or under.
How long does a partner visa take in Australia?
Processing times vary depending on the visa subclass, the strength of the evidence, and whether the Department requests further information.
What happens after the temporary partner visa is granted?
If the Department grants the temporary stage, such as the Subclass 309 or Subclass 820, it will usually consider the permanent stage, being the Subclass 100 or Subclass 801, 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 tailored submissions.
Book a Consultation About Your Partner Visa
If you are planning to apply for a Partner visa in Australia, or if you are unsure whether the Subclass 300, 309, or 820 visa is right for you, we can help.
Disclaimer: This website content is general in nature and is provided for information purposes only. It does not constitute legal advice and should not be relied upon as legal advice. No solicitor-client relationship is created by accessing or reading this page. You should seek tailored legal advice specific to your circumstances before making any migration or visa-related decisions.
