Partner Visas: Subclasses 100, 309, 801, and 820
The Australian partner visa program is a two stage pathway to permanent residence for the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. Four subclasses operate across two streams. Subclass 309 and Subclass 100 apply to applicants outside Australia. Subclass 820 and Subclass 801 apply to applicants inside Australia. In each stream, the applicant lodges one combined application, pays one fee of $9,365, and moves from the temporary stage to the permanent stage after approximately two years.
Looking for partner visa guidance organised by relationship situation rather than visa subclass? See partner visa pathways by relationship type: married, de facto, LGBTQ, prospective marriage, and Australian sponsor guides.
The four subclasses at a glance
The subclass an applicant lodges depends on where the applicant is physically located at the time of application. Each stream starts with a temporary visa and leads to a permanent visa in the same stream. Applicants pay a single combined charge that covers both stages.
| Subclass | Stream | Stage | Location at lodgement | Outcome |
|---|---|---|---|---|
| 309 | Offshore | Temporary | Outside Australia | Entry and temporary stay |
| 100 | Offshore | Permanent | Assessed after 309 | Permanent residence |
| 820 | Onshore | Temporary | Inside Australia | Temporary stay with work and Medicare |
| 801 | Onshore | Permanent | Assessed after 820 | Permanent residence |
Offshore stream: Subclass 309 and Subclass 100
The offshore stream applies when the applicant is outside Australia at the time of lodgement. Subclass 309 is the temporary visa that allows entry to Australia after grant. Subclass 100 is the permanent visa that is assessed approximately two years after the combined application was lodged.
Current processing data shows that 50 percent of Subclass 309 applications are decided within 14 months and 90 percent within 24 to 26 months. Offshore applicants cannot remain in Australia while the Subclass 309 is processed unless a separate substantive visa is held. Many offshore couples choose to apply for visitor visas during the wait, with the clear understanding that the partner visa itself can only be granted while the applicant is outside Australia.
A decision-ready Subclass 309 application addresses the four assessment criteria for a genuine and continuing relationship: financial, household, social, and commitment aspects. Applications that arrive incomplete attract Requests for Further Information, and each request extends processing time materially.
Onshore stream: Subclass 820 and Subclass 801
The onshore stream applies when the applicant is in Australia at the time of lodgement on a substantive visa that does not carry a no-further-stay condition. Subclass 820 is the temporary visa that allows the applicant to live, work, and study in Australia while the application is processed. Subclass 801 is the permanent visa assessed approximately two years after the combined application was lodged.
Current processing data shows that 50 percent of Subclass 820 applications are decided within 16 months and 90 percent within 24 months. On lodgement, the applicant is granted a Bridging Visa A, which carries full work rights and Medicare access. Applicants planning to travel during processing must also hold a Bridging Visa B.
The onshore stream is structurally identical to the offshore stream in terms of relationship evidence standards and sponsor requirements. The difference is the location of the applicant and the resulting ability to continue building joint financial, household, and social history inside Australia while the application is processed.
The single combined application model
Partner visa applicants lodge one combined application and pay one fee of $9,365 that covers both the temporary stage and the permanent stage in the same stream. The applicant does not pay a second fee at the permanent stage. The Department of Home Affairs assesses the temporary visa first. Approximately two years after the combined application was lodged, the permanent stage is assessed based on updated relationship evidence and confirmation that the relationship remains genuine and continuing.
Long-term relationships may qualify for direct grant of the permanent visa without the two year wait. The general rule is a relationship of three years or more, or two years or more where the couple has a dependent child. Eligibility for direct grant is assessed by the Department on the facts presented in the combined application.
Key requirements across all four subclasses
Genuine and continuing relationship
The applicant must demonstrate a genuine and continuing relationship with the sponsoring partner. Evidence is assessed across four aspects: financial commitment, nature of the household, social recognition, and mutual commitment. All four aspects must be addressed with documentary evidence, not assertions.
De facto threshold
De facto couples must generally prove 12 months of cohabitation immediately before application. The threshold can be waived by registering the relationship under state or territory law in jurisdictions that permit registration, or where compelling and compassionate circumstances apply, such as a dependent child. Married couples do not face the 12 month threshold.
Sponsor eligibility
The sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, aged 18 or over. Sponsor limits apply. A sponsor can generally only sponsor two partners in a lifetime and must wait five years between sponsorships. Limited exceptions apply for compelling circumstances.
Health and character
Applicants and included family members must meet Australian health and character requirements. Police certificates are required from every country the applicant and sponsor have lived in for 12 months or more in the past 10 years. Health examinations are conducted by panel physicians approved by the Department.
Ready to lodge a decision-ready partner visa?
Visa Plan Lawyers prepares partner visa applications to the standard the Department of Home Affairs expects. Every application is built around the four relationship aspects, with evidence mapped to each aspect, and potential issues addressed before lodgement rather than in response to a Request for Further Information.