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Australia Partner Visa 2025: Onshore 820/801 vs Offshore 309/100 Explained

A clear guide to Australia's partner visa pathways — the onshore 820/801 and offshore 309/100 — covering costs, evidence requirements, processing times, and common mistakes.

7 April 20257 min readUpdated 22 April 2025

Australia's Partner Visa System

Australia's partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live and work in Australia permanently. The programme operates as a two-stage process: a temporary visa is granted first, and after a further waiting period the permanent visa is assessed and (if approved) granted automatically.

There are two parallel pathways depending on where you are when you apply.

Onshore: Subclass 820 / 801

The Subclass 820 is a temporary partner visa for applicants who are already inside Australia. If granted, it allows you to remain in Australia while the permanent component is assessed. After two years from the initial application date, the Subclass 801 (permanent) is assessed — you do not need to lodge a separate application.

Critical rule: You must be physically in Australia when the 820 visa is granted. If you travel overseas before the 820 is granted, your application may be refused. Once the 820 is granted, you can travel freely in and out of Australia.

Offshore: Subclass 309 / 100

The Subclass 309 is a temporary partner visa for applicants who are outside Australia at the time of application (or who choose to apply from offshore). Once granted, you can travel to Australia and live there on the temporary 309. After two years from the initial application date, the Subclass 100 (permanent) is assessed.

The choice between onshore and offshore depends primarily on where you are located and your preference for work rights and travel conditions during the processing period. Both pathways have the same fee and similar evidentiary requirements.

Who Qualifies

To sponsor a partner visa, the Australian sponsor must be:

  • An Australian citizen, or
  • An Australian permanent resident, or
  • An eligible New Zealand citizen (who has been resident in Australia for a qualifying period)

The applicant must be in a genuine de facto relationship that has existed for at least 12 months, or be legally married to the sponsor (marriage has no minimum duration requirement for partner visa purposes, though evidence of a genuine relationship is still required).

Same-sex relationships are treated identically to opposite-sex relationships.

Cost

The application fee is AUD 8,850 for most partner visa applications (2025 figure — verify on the Home Affairs fee schedule as this increases periodically). This covers both the temporary and permanent stages of the application. Additional charges may apply for secondary applicants (dependent children included in the application).

The Four Evidence Categories

Home Affairs assesses the genuineness of the relationship across four categories of evidence. You should provide multiple documents across all four:

1. Financial aspects

  • Joint bank accounts or joint financial obligations
  • Joint mortgage or lease in both names
  • Evidence one partner supports the other financially

2. Nature of the household

  • Evidence of living together (utility bills, rental agreements at same address)
  • Evidence of shared domestic duties

3. Social aspects

  • Joint invitations to events, shared social media, photos together
  • Evidence the relationship is known to family and friends
  • Statutory declarations from people who know you as a couple (Form 888)

4. Commitment to each other

  • Length of the relationship
  • Plans for the future (shared assets, travel plans)
  • Knowledge of each other's circumstances and family

Form 888 — Statutory Declarations from Witnesses

A key supporting document is Form 888, completed by Australian citizens or permanent residents who know you both as a couple. Providing two completed Form 888s from different witnesses strengthens your application significantly.

Processing Times

Partner visa processing is among the slowest in the Australian migration system. Typical wait times are:

  • Temporary stage (820/309): 18 to 36 months for most applications (some take longer)
  • Permanent stage (801/100): An additional 2 to 5 years after the application date, processed after the two-year holding period expires

During the wait for the temporary visa, you can apply for a Bridging Visa A if you are onshore, which maintains your right to remain and work in Australia.

Health and Character Requirements

Both the applicant and sponsor must meet health and character requirements:

  • Health: Medical examinations through a panel physician appointed by Home Affairs. Typically involves blood tests, chest X-rays, and a general medical exam.
  • Character: Police clearances from every country you have lived in for 12 months or more over the past 10 years.

Common Mistakes to Avoid

  • Insufficient evidence of cohabitation: Providing only a few documents in one category is a common reason for delays or refusals. Aim for multiple documents across all four categories.
  • Not updating the application: If your circumstances change during processing (new address, new job, a child), notify Home Affairs promptly.
  • Travelling before the 820 is granted: As noted above, departing Australia before the 820 grant can jeopardise the onshore application.
  • Not declaring previous relationships: Home Affairs requires disclosure of all previous de facto relationships of 12 months or more.

Frequently Asked Questions

Q: Can I work in Australia while waiting for the partner visa?

If you are onshore and your previous visa has expired, you will be placed on a Bridging Visa A, which carries full work rights. If your Bridging Visa does not carry work rights, you can apply for a Bridging Visa B with work rights attached.

Q: Do we need to have lived together for 12 months before applying?

If you are in a de facto relationship, yes — 12 months of cohabitation is generally required before applying. If you are legally married, there is no minimum cohabitation period, but you still need to demonstrate the relationship is genuine.

Q: Can children be included in the application?

Yes. Dependent children of either the sponsor or the applicant can be included as secondary applicants. Additional charges apply per child.

Q: What happens if we separate while the visa is being processed?

You must notify Home Affairs immediately. A partner visa is based on the ongoing genuine nature of the relationship. If the relationship ends, the visa application will generally be refused unless you qualify for a special exemption (for example, if the sponsor has been violent or abusive).

This is general guidance only. Always verify current requirements with the official government source before applying.
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