Subclass 820/801 Onshore
For couples living together in Australia. The 820 is the temporary visa granted first. The 801 is the permanent visa granted 2 years later once the relationship is confirmed as ongoing.
820/801 · 309/100 · 300 · 2026 Requirements
Your partner visa is about your relationship, not your paperwork.
Partner visas are the most personal work we do. They are about relationships. Evidence of love, commitment, and shared life, presented in a form the Department of Home Affairs can process. This page walks you through every partner visa stream and how to give your relationship the best chance of a first-time approval.
Led by Neha Sharma (MARN 2518998)
6 languages, including Nepali & Korean
The three partner visa streams
Three pathways. Your situation picks the right one.
Where you live when you apply, and whether you are married or engaged, determines which stream fits. Each leads to a 2-year permanent visa grant.
Subclass 309/100 Offshore
For couples where the applicant is outside Australia when the application is lodged. 309 is temporary. 100 is permanent, granted 2 years later.
Subclass 300 Prospective Marriage
For couples who plan to marry in Australia but are not yet living together as spouses or de facto partners. After marriage, the applicant transitions to the 820/801.
Who qualifies as a partner
Four types of relationships recognised.
Australian partner visa law takes a broad view of what counts as a relationship. Same-sex couples are treated identically to opposite-sex couples.
Married couples
Married couples whose marriage is legally recognised in Australia. Can apply immediately with no 12-month waiting period.
De facto partners
De facto partners in a genuine relationship for at least 12 months, with exceptions for registered relationships, shared children, or compelling circumstances.
Same-sex couples
Same-sex couples are treated identically to opposite-sex couples under Australian law. Same evidence requirements, same outcomes.
Engaged couples
Engaged couples applying for the Prospective Marriage Visa 300. Planning to marry in Australia but not yet living together as spouses.
De facto 12-month exceptions: If you have not lived together for 12 months, you may still qualify where you have a dependent child together, your relationship is registered in an Australian state or territory that recognises relationship registrations, or there are compelling and compassionate circumstances justifying early grant.
The four evidence areas
The heart of every partner visa.
Australian partner visa assessment looks at four distinct areas of the relationship. A strong application shows evidence across all four, not just one or two.
1. Financial aspectsDo you share finances? Joint bank accounts, shared credit cards, bills paid together, property owned together, loans or financial support between partners.
2. Social aspectsAre you known as a couple? Joint invitations to events, photos across time, statements from friends and family confirming they know you as a couple, social media evidence.
3. Household aspectsDo you share a home and responsibilities? Joint lease or mortgage, shared utility bills, evidence of household responsibilities, insurance policies covering both.
4. Commitment to a shared lifeAre you building a life together? Wills naming each other, superannuation beneficiary nominations, plans for the future, emotional support through difficult times.
Typical partner visa timeline
From preparation to permanent residency.
Six stages across about 2 years. The preparation stage is the one that determines the outcome of every stage that follows.
1
Preparation
Gathering evidence across four areas. Writing the relationship statement. 4 to 8 weeks.
2
Lodgement
Submit through ImmiAccount. A bridging visa is issued for onshore applicants.
3
Processing
Department reviews. May request further information. Times vary.
4
Temporary grant
820, 309, or 300 granted. 2-year period begins.
5
Permanent assessment
Fresh evidence provided. Relationship still ongoing?
6
Permanent grant
801 or 100 granted. Pathway to citizenship begins.
Why partner visas get refused
Five patterns we see at appeal.
Each one is avoidable if the application is prepared properly the first time.
Thin relationship evidence
The most common reason. Only one or two of the four evidence areas are covered well. The story does not hang together.
Unclear relationship history
Gaps in the timeline. Periods of separation not explained. Different stories in different documents.
Sponsor issues
The Australian partner has issues with their own citizenship, criminal history, or previous sponsorship of other partners.
Health or character grounds
The applicant fails the health requirement or character test. These often have waiver options, but waivers need to be specifically prepared and argued.
Failed Section 57 response
The Department sends a natural justice letter. The response is weak or not lodged at all. This almost always ends in refusal.
Refused? 21-day appeal window
Most partner visa refusals can be appealed to the ART. The deadline is 21 days. Partner visa ART appeals have a strong success rate when prepared properly.
Partner visas are a Section 48 bar exception.
Section 48 of the Migration Act bars most onshore visa applications after a visa refusal. Partner visas are one of the exceptions. A person whose visa has been refused can still lodge a Subclass 820 partner visa from onshore. This is one of the most important reasons partner visa applications sometimes succeed where other visas fail.
How Education Embassy helps
The partner visa team.
Led by Neha Sharma, with Pragya Gautam on Nepalese-speaking files. Partner visas are one of the areas our practice specialises in.
Neha Sharma
Registered Migration Agent · Partner Visa Lead
MARN 2518998
Speaks English, Hindi, Punjabi.
Speaks English, Hindi, Punjabi.
Neha handles many of our partner visa files. Relationship evidence strategy, complex refusal appeals, family violence provisions, Section 48 bar matters.
Pragya Gautam
Director & RMA · Nepalese-Speaking Clients
MARN 1465938
Speaks English, Hindi, Nepali.
Speaks English, Hindi, Nepali.
Pragya handles our Nepalese-speaking partner visa clients. Evidence strategy in language, sponsor documentation, end-to-end file management.
Sourabh Aggarwal
Principal Consultant · Complex Cases
MARN 1462159
Speaks English, Hindi, Punjabi.
Speaks English, Hindi, Punjabi.
Senior oversight on complex partner visa matters, including refusal appeals, Schedule 3 waivers, and Section 48 bar onshore applications.
Common partner visa questions
The questions we hear most often.
Short answers here. For anything specific to your situation, book a consultation with our partner visa team.
My partner is an Australian citizen. Do we qualify?
Australian citizens, permanent residents, and eligible New Zealand citizens can all sponsor a partner visa applicant. The exact rules for each are slightly different. Your partner's status is one of the first things we check at the consultation.
We met online and I have never visited Australia. Can we still apply?
Yes. Online-origin relationships are now common in partner visa applications. What matters is the evidence of your genuine ongoing relationship, including visits, communication history, family introductions, and shared plans. Many of our successful partner visas started as online relationships.
What is the difference between married and de facto?
Legally married couples can apply immediately with no waiting period. De facto couples generally need 12 months of cohabitation before applying, with exceptions for registered relationships, shared dependent children, or compelling circumstances.
My partner visa was refused. Is it over?
Not necessarily. Most partner visa refusals can be appealed to the Administrative Review Tribunal within 21 days of the refusal letter. Contact us immediately if your visa has just been refused. Partner visa ART appeals have a strong success rate when properly prepared.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.