Partner Visas in Australia — Your Complete Guide to Subclasses and the Application Pathway
Partner visas let spouses, de facto partners and intended spouses of Australian citizens, permanent residents or eligible New Zealand citizens live in Australia either temporarily or permanently. This guide lays out the key subclasses—the Prospective Marriage visa (Subclass 300), the offshore partner pathway (Subclass 309 → 100) and the onshore pathway (Subclass 820 → 801)—and explains how each route works for married and de facto couples. Many people find it hard to pick the right subclass, assemble convincing relationship evidence and understand sponsor duties. Below you’ll find clear eligibility criteria, step-by-step process overviews, practical evidence checklists and up-to-date considerations on costs, processing times and exceptions such as Schedule 3 and family violence protections. Use the side‑by‑side comparisons and action lists to decide whether to apply onshore or offshore and which documents to prioritise next.
Which Partner Visa Types Should You Know About?
Partner visas generally fall into three practical groups: the Prospective Marriage visa for fiancés, an offshore temporary‑to‑permanent stream (309 → 100) and an onshore temporary‑to‑permanent stream (820 → 801). All operate under Department of Home Affairs rules that test relationship genuineness, sponsor eligibility, and health and character criteria. Each subclass gives different rights while your application is processed. Choosing the right subclass up front reduces delays and helps you match documentary evidence to the correct legal tests. The sections that follow break down each subclass and include a compact comparison table to help you choose the best pathway.
| Visa subclass | Where you apply | Temporary → Permanent | Who it’s for |
|---|---|---|---|
| Subclass 300 (Prospective Marriage Visa) | Offshore | Temporary (enter Australia to marry) | Engaged to an Australian citizen, PR or eligible NZ citizen and planning to marry in Australia |
| Subclass 309 / 100 (Offshore partner visas) | Offshore — apply from outside Australia | 309 temporary → 100 permanent | Partner of an eligible sponsor who is outside Australia when you apply |
| Subclass 820 / 801 (Onshore partner visas) | Onshore — apply while in Australia | 820 temporary → 801 permanent | Partner of an eligible sponsor who is in Australia at time of application |
This table clarifies the onshore vs offshore options and shows how the temporary → permanent pathway works, preparing you for the detailed subclass explanations below.
What is the Prospective Marriage Visa?
The Prospective Marriage Visa (Subclass 300) lets a fiancé(e) of an Australian citizen, permanent resident or eligible New Zealand citizen travel to Australia to marry their sponsor and then apply for a partner visa. It grants entry for a set period in which you must marry; decision-makers focus on your intention to marry and supporting documents such as engagement messages, wedding bookings and third‑party statements. You still need to meet health and character checks and confirm the sponsor is eligible. Plan follow‑up steps for lodging a partner visa after marriage so you understand the 300 visa’s limits and whether it’s better to marry offshore or enter Australia and transition onshore.
How do onshore partner visas work?
The onshore partner pathway is assessed in two stages. First, if you apply while in Australia you may be granted a provisional temporary visa (Subclass 820) to remain lawfully. Later, once the Department re‑assesses your relationship and any statutory timeframes are met, it decides on the permanent visa (Subclass 801). The test focuses on a genuine, ongoing relationship shown by shared living arrangements, financial interdependence, social recognition and mutual commitment. You also need to meet health and character requirements; the provisional visa usually allows limited work rights. Common mistakes include lodging incomplete evidence, not telling the Department about major changes or overlooking Schedule 3 triggers. Planning the 820 → 801 transition up front reduces friction and improves the chance of a successful permanent outcome.
How does the offshore partner visa process work?
The offshore partner pathway (Subclass 309 → 100) is also staged: the Department assesses the relationship and sponsor eligibility at lodgement for the temporary offshore grant, then reassesses ongoing genuineness at the permanent stage. The permanent decision looks for stability and continued commitment, supported by updated evidence. Offshore applicants often need certified overseas documents, notarised statutory declarations from local witnesses and certified translations to meet evidentiary standards that differ from onshore submissions. The next section outlines eligibility requirements and practical tips for compiling overseas evidence.
What are the eligibility requirements for offshore partner visas?
Eligibility for Subclass 309/100 centres on a genuine relationship with an eligible sponsor, meeting sponsor tests and satisfying health and character checks. Key documents include identity papers, relationship evidence (messages, joint finances, travel, affidavits), proof of sponsor status and police checks. When you’re outside Australia, certified or notarised statements, formal translations and independent third‑party evidence carry extra weight. Disclose any prior visa or character issues early and assemble contemporaneous documents before lodgement to reduce requests for further information and help the temporary decision proceed smoothly toward Subclass 100.
How does the temporary → permanent transition work offshore?
The move from Subclass 309 to Subclass 100 usually happens after a defined assessment period when the Department checks whether the relationship remains genuine and whether circumstances have changed. The permanent‑stage review looks for ongoing shared finances, continued cohabitation or joint property and fresh third‑party affidavits; new health or character matters can also affect the outcome. Delays often come from stale or incomplete evidence, changes in sponsor eligibility or unresolved character checks. Keep documents current, respond quickly to requests and plan travel and employment around expected timelines while you wait for the permanent decision.
What are the requirements for de facto partner visas?
De facto partner visas recognise couples who live together in a genuine, continuing relationship without marriage. You must show your relationship meets legal definitions and any time thresholds for de facto status. Decision‑makers assess multiple types of evidence—financial, household, social and commitment indicators—and look at the totality rather than a single document. Building a coherent narrative, backed by corroborating documents, is crucial—especially where relationships are short or include periods apart. The subsection below gives a practical checklist to prepare a convincing de facto application.
How do you prove a genuine de facto relationship?
Proving a de facto relationship is evidence‑driven. Collect joint financial records, shared tenancy or mortgage agreements, utility bills, shared insurance, photos across time, travel itineraries and statutory declarations from friends and family. Strong proofs include joint bank accounts, lease agreements or joint bills and regular correspondence that show mutual commitment and household integration. Weaker items—single photos or occasional visits—should be supported by detailed witness statements and contemporaneous records. Present this evidence as a clear timeline with annotated exhibits to help assessors verify ongoing cohabitation and mutual support. If your relationship is short, emphasise high‑quality third‑party statements and documented future plans to close any gaps.
What’s the difference between married and de facto partner visa applications?
Married applicants typically rely on a marriage certificate as immediate proof of legal union, while de facto applicants must assemble a broader bundle of evidence to show equivalent commitment and interdependence. The legal mechanism differs: marriage provides documentary proof quickly, but both married and de facto applications still need to show ongoing mutual support. De facto applications focus on multiple evidence categories that together meet the genuineness test. Practical differences include which documents to prioritise, the narrative you present and how short‑duration relationships will be assessed. If you marry during processing, notify the Department promptly to update your application path.
What are the costs and processing times for partner visas?
Budget for the visa application charge (VAC), medical examinations, police checks, translation and certification fees and any professional assistance costs. Processing times vary by subclass and case complexity. The VAC is the main fee, but ancillary costs add up — plan staged payments and schedule medicals and police checks early to avoid delays. Timelines depend on the completeness of your evidence, current backlogs and complexity factors such as Schedule 3 or family violence considerations. Preparing thorough documentation and responding quickly to requests shortens effective wait times.
| Visa subclass | Typical fees and extras | Typical processing time range |
|---|---|---|
| Subclass 300 | Primary VAC plus medicals and police checks; budget for document certification | From several months up to more than a year depending on the country |
| Subclass 309/100 | Primary VAC plus medicals, police checks, translations and overseas certification | Temporary decision often within months; permanent stage may add 12+ months |
| Subclass 820/801 | Primary VAC plus medicals and police checks; bridging visa or other onshore costs may apply | Temporary stage often months; permanent stage commonly an additional 12–24 months depending on evidence and backlog |
Use this overview to plan finances and timings, and always check the Department of Home Affairs website for the latest VACs and official processing estimates.
What costs should I expect beyond the VAC?
The VAC is the main charge, but include medical exam fees, police certificate costs, certified translation and notarisation charges when you budget. Ancillary costs vary by country and provider, so get local quotes for police checks and medical panels. If you use a migration agent or lawyer, include their fees — those costs can be worthwhile if they reduce processing friction and improve evidence presentation. Book medicals and police checks early to avoid delays and unexpected extra costs.
- Department‑approved medical examinations.
- Police certificates or character checks from countries where you’ve lived.
- Certified translations and document notarisation.
Scheduling medicals and police checks early and keeping a clear cost plan reduces the risk of processing delays and surprise expenses.
How long does each partner visa subclass take?
Processing times differ by subclass and depend on application completeness, country‑specific backlogs and case complexity (for example, character issues or Schedule 3). Generally, the provisional/temporary stages (Subclass 300, 309, 820) are decided first and permanent stages (100, 801) follow after additional checks, which extends total timelines. Common causes of delay are missing translations, incomplete evidence, outstanding health or character checks and slow responses to Department requests. A well‑organised evidence bundle and completed medicals and police checks before lodgement improve the chances of a smoother timeline.
What are sponsor eligibility rules and obligations?
Sponsors must be Australian citizens, Australian permanent residents or eligible New Zealand citizens and must meet eligibility and character tests. Sponsorship carries obligations: provide financial and practical support, notify the Department of major changes (address, relationship status) and understand limits on sponsoring multiple applicants or re‑sponsoring within set periods. Failing to meet sponsorship undertakings can affect both sponsor and applicant. Accurate, complete sponsorship paperwork and early disclosure of complicating factors reduce risk. Specialist assistance can help where sponsor history or family circumstances create questions.
| Sponsor type | Eligibility | Key responsibilities |
|---|---|---|
| Australian citizen | Must meet legal standing to sponsor | Provide financial/practical support and notify DHA of material changes |
| Australian permanent resident | Must meet residency and character requirements | Maintain support obligations and cooperate with enquiries |
| Eligible New Zealand citizen | Must meet the defined status conditions under migration rules | Complete accurate sponsorship declarations and provide ongoing assistance |
This table summarises sponsor categories and high‑level duties. Correctly completed sponsorship documents help reduce assessment risk and support a smoother decision.
Who can sponsor a partner visa applicant?
Eligible sponsors include Australian citizens, permanent residents and eligible New Zealand citizens, subject to character and other statutory checks that prevent abuse of the sponsorship system. Sponsors must not be excluded by specific legal restrictions and should be able to show they can provide support. Prior sponsorship history and compliance are considered. If you’re unsure whether a proposed sponsor qualifies, targeted advice can clarify eligibility and address disqualifying factors before lodgement.
What responsibilities and limits do sponsors have?
Sponsors promise to provide financial and practical support for a defined period and must notify the Department of material changes such as address changes, imprisonment or relationship breakdown. Limits include restrictions on sponsoring several applicants at once and waiting periods before re‑sponsoring in some cases. Breaches can lead to administrative consequences for both sponsor and applicant. Keep accurate records of support and report changes promptly to reduce regulatory risk. If sponsors are uncertain, professional help can ensure sponsorship forms accurately reflect required undertakings.
How do family violence protections and Schedule 3 affect partner visa cases?
Family violence protections and Schedule 3 are two important safeguards that can change how partner visa applications are assessed. Family violence rules protect applicants who cannot safely rely on a sponsor and accept sensitive evidence, while Schedule 3 can impose extra eligibility requirements on some onshore applicants who don’t hold prescribed visas at lodgement. Both issues change application strategy and evidence priorities, so prepare targeted documentation and seek specialist advice if they apply to your case. The subsections below explain family violence protections and how Schedule 3 commonly affects onshore applicants.
What family violence protections exist for partner visa applicants?
Family violence provisions recognise that some applicants cannot safely rely on their sponsor. They provide alternative assessment pathways that prioritise safety and access to protection. Evidence can include medical reports, police records, counselling notes and third‑party witness statements; applications are handled sensitively to protect privacy and safety. Claiming family violence changes the sponsorship dynamic and requires careful, contemporaneous evidence and often support from specialist services. While family violence grounds do not guarantee a grant, they trigger protective assessment processes. Seek tailored assistance to present sensitive evidence in a way that supports both safety and visa outcomes.
Partner Visa Migration and Family Violence in Australia: Waiting Times and Uncertainty
ABSTRACT: This study examines prolonged uncertainty experienced by migrant women on partner visas who separated after domestic or family violence. Four participants were selected from a longitudinal study to explore how they rebuild their lives while holding an uncertain visa status. The analysis highlights two prominent experiences: investigation and long waiting times, and productive strategies used during waiting. The authors conclude that prolonged temporariness can hinder recovery and settlement, affecting safety, well‑being and the relationship migrants have with the host country. FUNDING: Supported by the APA scholarship. © 2025 The Author(s). Published
‘In the middle… waiting for a future’: Time and waiting in partner visa migration and family violence in Australia, AB Jelinic, 2025
How does Schedule 3 affect onshore eligibility?
Schedule 3 applies when an applicant does not hold a prescribed visa at lodgement and introduces additional tests requiring proof of strong ties or compelling reasons to remain in Australia. It’s triggered by visa history and can lead to refusal if the extra criteria aren’t met. Evidence that can help includes community ties, family in Australia, employment and hardship statements. Address Schedule 3 early—build supporting evidence, consider timing of lodgement and seek legal or migration advice to improve the chance of meeting the criteria.
We aim to educate and genuinely help. If you need support, we offer consultations and practical assistance with partner visa applications. We have a 100% success record for partner visas and provide a no‑win, no‑fee option for partner visa lodgements.
If you’re ready to act, follow these practical next steps to prepare and decide when to get professional help for an Australian partner visa application.
- Gather identity and relationship documents, book medicals and police checks early, and prepare a clear timeline of your relationship with corroborating exhibits.
- Check sponsor eligibility and responsibilities so sponsorship declarations are accurate and complete.
- Seek professional support if your case involves Schedule 3, family violence or complex overseas evidence—targeted help can reduce delays and improve your submission.
For help with lodgement, evidence assembly and strategic planning—including complex cases affected by Schedule 3 or family violence—we offer services that combine document checking, lodgement support and tailored advice. That approach improves how evidence is presented to the Department and often reduces follow‑up requests and processing friction.
If you’d like a consultation to confirm the best subclass for your circumstances and receive clear next‑step recommendations, book a targeted assessment to streamline your application path.
Frequently Asked Questions
What’s the difference between onshore and offshore partner visa applications?
Onshore partner visa applications (Subclass 820/801) are lodged while the applicant is in Australia and generally allow the applicant to remain lawfully during processing. Offshore applications (Subclass 309/100) are lodged from outside Australia and usually require the applicant to stay overseas until grant. The onshore method commonly uses a two‑stage assessment; the offshore route also assesses genuineness at both stages but often needs additional overseas‑certified documents. Choose the pathway that fits your current location, relationship facts and long‑term plans.
Can I apply if my relationship is relatively new?
Yes. You can apply with a new relationship, but you must provide strong, corroborating evidence to show the relationship is genuine. Focus on quality evidence—shared finances, living arrangements, joint plans and detailed third‑party statements. The Department evaluates the whole picture, not one item alone. If your relationship is short, consider expert advice to package the best possible evidence.
What happens if my partner visa is refused?
If your application is refused, the Department will explain why. You may have rights to review the decision at the Administrative Appeals Tribunal (AAT) or options to reapply if you can correct the issues raised. Understand the grounds for refusal, gather additional evidence and get professional help to decide whether to appeal or reapply with a stronger case.
How can I prove my relationship is genuine?
Provide a thorough set of documents that show shared life and commitment: joint financial records, shared living evidence, photos over time, travel itineraries and statutory declarations from friends and family. The Department looks for mutual support, social recognition and ongoing commitment. A clear, well‑organised narrative that ties documents together helps assessors understand your relationship quickly.
Are there special considerations for same‑sex couples?
Same‑sex couples are assessed under the same criteria as opposite‑sex couples. The Department recognises same‑sex relationships for visa purposes, provided you can demonstrate genuineness through cohabitation, financial interdependence and social recognition. Make sure all documents accurately reflect your relationship and seek legal advice where complexities arise.
What does Schedule 3 mean for onshore applicants?
Schedule 3 applies to onshore applicants who don’t hold a prescribed visa at lodgement and introduces extra eligibility tests. You must show strong ties or compelling reasons to stay in Australia. Evidence of community involvement, family relationships, employment and hardship may be relevant. Address Schedule 3 early and consider professional guidance to strengthen your case.
How do I prepare for the application process?
Start by collecting identity documents, relationship evidence and sponsor information. Book medicals and police checks early and prepare a clear relationship timeline with supporting exhibits. Review sponsor obligations and get expert help if you face Schedule 3, family violence or overseas evidence issues. A well‑prepared application reduces delays and increases the chance of success.
Understanding partner visa subclasses and their evidence requirements makes a big difference when you’re building a life together in Australia. Clear planning, organised documents and early medical and police checks improve your chance of success. If you’re ready to move forward, consider our professional assistance — we’ll help you choose the right subclass, assemble persuasive evidence and lodge your application with confidence. We have a 100% partner visa success record and offer a no‑win, no‑fee arrangement for partner visa cases. Reach out to book a consultation and get a practical plan tailored to your situation.
Disclaimer: This is general advice only and may not apply to your specific circumstances. For personalised guidance on your visa application, please book a consultation with one of our registered migration agents.
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Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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