Partner visa subclasses 820/309 and 801/100 in Australia

A partner visa allows the partner, spouse, or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live, work, and study in Australia, either temporarily or permanently. It is divided into two pathways based on the applicant's location:

1. For onshore applicants (apply in Australia): 820 and 801

Partner visa (temporary visa) - Subclass 820

Partner visa (permanent visa) - Subclass 100

2. For offshore applicants (apply from outside Australia): 309 and 100

Partner (provisional) visa - Subclass 309 (temporary visa)

Partner (migrant) visa - Subclass 100 (permanent visa)

They are temporary partner visa that allows a spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live and work in Australia. Benefits of the 820 / 309 partner visa:

• You can live, study, and work in Australia temporarily.

• You can travel to and from Australia.

• You get access to Medicare, Australia's public healthcare system.

• You can include your children.

• Leads to a permanent partner visa.

They are permanent partner visa that allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live and work in Australia. Benefits of the 801 / 100 partner visa:

• You can stay in Australia permanently.

• You can sponsor family members.

• You can study, work, or run your own business.

• You get access to Australia's public healthcare and several other social benefits.

• You can access the Adult Migrant English Program (AMEP) (if needed).

• You can apply for Australian citizenship once you meet all the requirements.

• Your children can receive free education if they are under 18.

• You can travel in and out of Australia freely for five years from the date your visa is granted. After five years, you can renew your travel authority with a Resident Return visa if you meet the residency requirements.

To qualify for the partner visa in Australia, one must meet the following requirements:

For sponsor

• The sponsor must be an Australian citizen or permanent resident, or an eligible New Zealand citizen.

• The sponsor must provide evidence that their partner is either married, engaged and intending to marry, or living together in a de facto relationship.

• The sponsor can sponsor up to two overseas partners in his/her life, with at least 5 years apart between applications.

• The sponsor must not have sponsored another spouse visa within the past 5 years.

For subclass 820 / 309 visa

• You must be at least 18 years old when you lodge the visa.

• You must meet relationship requirements.

• Must meet health and character requirements.

• You must not have any outstanding debt to the Australian Government. 

For subclass 801 / 100 visa

• You must hold a temporary partner visa (subclass 820/309).

• Must continue to meet relationship requirements.

• Must meet health and character requirements. 

The fees for applying for the 407 visa depend on the number of dependents and visa type, generally:

Processing times for the partner visa vary depending on factors such as application volume, visa type, individual circumstances, and changes in immigration policy. But generally:

The application process for the partner visa involves several key steps, such as:

Step 1: Check your eligibility: both you and your partner must meet the partner visa requirements.

Step 2: Choose the appropriate visa subclass: 820/801, 309/100, or 300.

Step 3: Prepare the documents: both you and your partner must gather identity, relationship, sponsor, health & character, and other documents.

Step 4:  Apply for a temporary partner visa: subclass 820/309.

Once you are granted a temporary partner visa (subclass 820/309), you become eligible to apply for the permanent partner visa (subclass 801/100). To qualify, you must remain married or in a de facto relationship for at least two years from the date of the 820/309 visa.

Note: If you apply for a partner visa whilst onshore (subclass 820), you will be granted a bridging visa to stay in the country. But the conditions of the bridging visa will depend on your previous visa:

• If your previous visa didn’t allow work or study, your bridging visa may have these restrictions.

• If your previous visa allows work or study, those rights will generally continue under the bridging visa.

Additionally, while you are waiting for your permanent partner visa (subclass 801), you may not be eligible for government financial support, such as:

• Newstart– financial aid for unemployed individuals.

• Higher Education Contribution Scheme (HECS)- for the higher education loan program.

Search Education is a trusted migration agent based in Sydney, Australia, offering professional advice and support for onshore and offshore partner visas for over a decade.

Visa support and document support

Our qualified migration agent has expert knowledge of partner visas. We assist with preparing and lodging your Australian partner visa application, ensuring all documents meet immigration requirements to avoid any delays in processing.

Migration consult with a registered agent

We are licensed with the Migration Agents Registration Authority (MARA) and are experts in the visa requirements set by the Department of Home Affairs. Our agents are familiar with partner visas and provide the latest information on current visa rules and processing times.

Document review and preparation

We help prepare and review documents for the Australian partner visa, ensuring they are accurate and compliant with the Department of Home Affairs' specifications.

• https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore
• https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore