Australia Partner Visa Guide: Subclass 820/801 and 309/100

Australia Partner Visa Guide: Subclass 820/801 and 309/100 Explained

Falling in love is easy, but navigating Australia’s Partner Visa process can be one of the most complex, expensive, and time-consuming immigration journeys you will ever undertake. The Department of Home Affairs heavily scrutinizes these applications to prevent visa fraud, meaning your documentation must be flawless. Whether you are recently married or in a committed de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, here is everything you need to know about securing an Australia Partner Visa.

Australia Partner Visa Guide: Subclass 820/801 and 309/100 Explained

Onshore vs. Offshore: Which One Do You Need?

The Partner Visa is split into two distinct pathways depending on where you are physically located when you lodge the application:

  1. Onshore (Subclass 820/801): You apply for this if you are already inside Australia on a valid visa (like a Student Visa or Temporary Graduate Visa). A major benefit of the onshore pathway is that you are usually granted a Bridging Visa, allowing you to stay in Australia with full work and study rights while your application is processed.

  2. Offshore (Subclass 309/100): You apply for this if you are outside Australia (for instance, applying from Nepal or India). You generally must remain outside Australia when the temporary (309) visa is granted.

The Two-Stage Process (Provisional to Permanent)

Partner visas are processed in two stages. You apply for both the temporary and permanent visas on the same form and pay one combined application fee.

  • Stage 1 (Provisional - Subclass 820 or 309): This temporary visa allows you to live, work, and study in Australia while you wait for your permanent visa to be processed.

  • Stage 2 (Permanent - Subclass 801 or 100): Two years after you lodged your initial application, the Department will ask you to provide updated evidence that your relationship is still ongoing. If approved, you are granted Permanent Residency. (Note: If you have been in a long-term relationship for over 3 years, or 2 years with a child, you may be granted the permanent visa immediately!)

The 4 Pillars of Relationship Evidence

To prove your relationship is "genuine and continuing," you must provide extensive evidence across four distinct categories:

  1. Financial Aspects: Joint bank accounts, shared utility bills, joint leases or mortgages, and naming each other as beneficiaries in wills or superannuation.

  2. Nature of the Household: Evidence of how you share domestic responsibilities. Who cooks? Who cleans? Do you share groceries?

  3. Social Aspects: Photos of you together with friends and family, joint travel itineraries, and statutory declarations (Form 888) from Australian citizens verifying your relationship.

  4. Nature of the Commitment: Proof that you intend to be together long-term, knowledge of each other’s backgrounds, and how you communicate when physically separated.

De Facto vs. Married

If you are married, your marriage must be legally recognized in Australia. If you are applying as a de facto couple (living together but not married), you generally must prove you have lived together for at least 12 months prior to applying. However, registering your relationship with the relevant Australian state government can often waive this 12-month requirement!

How Everest Global Education Can Help

A Partner Visa refusal is devastating both emotionally and financially. Because the application fee is substantial (often exceeding AUD $9,000), you cannot afford mistakes. Our registered MARA agents at Everest Global Education—available in Sydney and Perth, as well as through our offshore branches in India and Nepal (Kathmandu, Pokhara, Beni, Dhangadhi)—meticulously compile and review your relationship evidence to build an undeniable case for your visa grant.

Tags: #PartnerVisaAustralia #Subclass820 #Subclass309 #SpouseVisa #AustraliaImmigration #EverestGlobalEdu #DeFactoVisa #EverestGlobal #EverestGlobalEducation #EverestGlobalEdu

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