Partner Visa Australia

Onshore 820/801, offshore 309/100, the 300 fiance visa and the 461 compared

Reviewed 5 Nov 2026

Which partner visa can you apply for?

A partner visa lets the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen live in Australia, first on a temporary visa and then permanently. Both routes cost $11,710 and end in the same permanent visa.

There are two routes: the onshore partner visa (subclass 820, then 801) if you are in Australia when you lodge, and the offshore partner visa (subclass 309, then 100) if you are outside Australia.

Two more visas sit in the same family. The Prospective Marriage visa (subclass 300) is for a fiancé who will marry in Australia and then apply for the 820. The subclass 461 visa is for the partner of a New Zealand citizen who holds the ordinary Special Category visa and cannot sponsor a partner visa.

Both partner routes cost $11,710 and lead to the same permanent visa. The real decision is where you must be when you lodge, and whether the visa you hold today lets you lodge from inside Australia: a “no further stay” condition, a refusal since you arrived, or having no substantive visa each changes the answer.

Onshore or offshore: which route fits your situation?

 Onshore partner visaOffshore partner visaProspective Marriage visa
Subclasses820 (temporary) then 801 (permanent)309 (temporary) then 100 (permanent)300, then 820/801 after you marry
Where you must be when you lodgeIn AustraliaOutside AustraliaOutside Australia
Where you can be when it is decidedIn or outside AustraliaIn or outside AustraliaIn or outside Australia
Visa application charge (main applicant)$11,710$11,710$11,710, then from $1,955 for the 820
Home Affairs processing guide (50% / 90% of applications)820: 21 / 30 months
801: 6 / 19 months
309: 21 / 35 months
100: 9 / 18 months
18 / 31 months
While you waitBridging visa with work rights once your current visa endsYou stay overseas, or visit on another visaYou stay overseas until the 300 is granted, then have 9 to 15 months to enter and marry
Read the full guideOnshore partner visa (820/801)Offshore partner visa (309/100)Prospective Marriage visa (300)

The processing figures are the Department’s published guide for applications decided recently (last updated 2 November 2026). They are not a promise for your file. Our partner visa processing time post explains what moves an application up or down the queue, and why onshore applications are decided first under the current family processing order.

Pick onshore if you are already in Australia on a visa that allows a further application. Pick offshore if you are overseas, or if the visa you hold in Australia blocks an onshore application (the next sections explain which visas do).

The offshore route also suits couples who need the applicant to keep working overseas: once the 309 is granted you can enter Australia and work while the permanent stage is assessed.

Who can sponsor a partner visa?

Your sponsor must be your spouse or de facto partner, aged 18 or over, and an Australian citizen, permanent resident or eligible New Zealand citizen. The Department must approve the sponsorship, and the same person must sponsor you for 2 years after the temporary visa is granted (Home Affairs, subclass 820).

The Department can refuse a sponsorship, and with it the visa, where a sponsorship limit applies:

  • Third sponsorship — the sponsor has already sponsored two partners or fiancés for a partner or Prospective Marriage visa.
  • Recent sponsorship — the sponsor sponsored another partner within the last 5 years.
  • Recently sponsored — the sponsor was themselves sponsored as a partner within the last 5 years.

These limits can be set aside where the couple has a dependent child together, where the previous partner died or left the sponsor with dependent children, or where the current relationship is longstanding. Being the blameless party in the earlier relationship is not, on its own, a reason the Department accepts.

The Department counts the 5 years from the date the earlier visa application was lodged to the date it decides the new sponsorship, so a sponsorship lodged at four and a half years can still be approved once the five years have passed.

Sponsors with convictions for certain offences involving children face a separate bar. All sponsors must provide police clearances, and the Department can refuse a sponsor with a significant criminal record for violence or offences against children.

How long do you have to be together?

Married couples have no minimum period: the marriage must be valid under Australian law and the relationship genuine and continuing. De facto couples must usually have been in the de facto relationship for at least 12 months immediately before applying (reg 2.03A). Dating or an online relationship generally does not count.

The 12-month rule does not apply if:

  • Registered relationship — you have registered the relationship with an Australian state or territory registry (Victoria, New South Wales, Queensland, Tasmania, the ACT and South Australia register relationships; Western Australia and the Northern Territory do not).
  • Compelling and compassionate circumstances — the Department treats this as a high bar. Its own examples are a dependent child of the relationship, or living in a country where de facto relationships are illegal. A pregnancy on its own, or a relationship that is clearly genuine, is not treated as enough.
  • Humanitarian partner — your partner holds or held a permanent humanitarian visa, the relationship existed before that visa was granted and your partner declared it at the time, or your partner has applied for a permanent humanitarian visa.

Two timing points matter. A relationship registered after you lodge but before the decision still satisfies the rule, because the regulation does not say when registration must happen. And if you marry after lodging, the 12-month rule falls away: your application is then assessed as a spouse application.

Every partner visa, married or de facto, is assessed on evidence under four headings: finances, household, social recognition of the relationship and commitment to each other. The Department weighs the picture as a whole; a short relationship with strong evidence under all four can succeed where a long one with thin evidence does not.

Can you apply from inside Australia?

You can lodge an onshore partner visa only if the visa you hold on the day you lodge allows it. Three rules decide the answer, and they are different rules with different fixes.

Your situation todayCan you lodge the 820 in Australia?The ruleWhat to read
You hold a substantive visa (any visa except a bridging visa) with no “no further stay” conditionYes. You receive a bridging visa with work rights when your current visa ends.Standard caseOnshore partner visa guide
Your visa carries condition 8503 (“no further stay”), common on visitor visasNot unless the Department waives the condition first. A waiver needs compelling and compassionate circumstances that arose after the visa was granted and were beyond your control.Condition 8503; waiver under regulation 2.05(4)No further stay condition 8503
A visa was refused or cancelled since you last arrived, and you hold no substantive visaYes. The partner visa is one of the exceptions to the section 48 bar. Schedule 3 then applies to your application.Section 48 of the Migration Act; regulation 2.12Section 48 bar: what you can still apply for
You hold no substantive visa (bridging visa only, or unlawful) and no refusal is involvedOnly if you meet the Schedule 3 criteria or the Department accepts compelling reasons to waive them. Lodging within 28 days of your last substantive visa ending satisfies one criterion, not all of them.Schedule 3 criteria 3001, 3003 and 3004Schedule 3 and the partner visa

The three rules overlap in practice. A visitor whose visa carries 8503 and then expires faces both the condition and Schedule 3. Someone refused another visa after arriving can lodge the 820 under the section 48 exception but still has to satisfy Schedule 3 or show compelling reasons.

Where more than one rule applies, the offshore route is often the simpler path. Our partner visa delays post covers what a long wait overseas means for the couple.

The Government has announced that condition 8503 will be placed on all visitor visas. No start date has been published as at 2 November 2026. Until it starts, a visitor visa without the condition still allows an onshore partner application.

How much does a partner visa cost in 2026?

The visa application charge is $11,710 for the main applicant on either route, paid once at lodgement for both stages. Each dependent child adds a further charge, and a Prospective Marriage visa holder pays from $1,955 for the later 820 application instead of the full amount. Health checks, police certificates and translations are paid separately.

Our professional fees for a partner visa are a fixed fee per stage: $3,900 for the temporary stage and $2,750 for the permanent stage, GST included, on the fees page.

The partner visa cost post sets out every government and third-party cost with a worked total. The visa fees and thresholds page lists the current charges for every visa.

How does the second stage (801 or 100) work?

You lodge one application and pay one charge for both stages. The Department assesses the permanent stage (subclass 801 onshore, 100 offshore) from the date 2 years after you lodged, and asks for updated evidence then. Current guide times from that date are 6 to 19 months (801) and 9 to 18 months (100).

If you were in a long-term partner relationship when you lodged, the Department can grant the permanent visa without the 2-year wait. That means 3 years together, or 2 years if you have a dependent child of the relationship. Time before the application counts: the measure is the relationship, not the visa.

The permanent stage can still be granted after the relationship ends in three situations: your sponsor has died, you or a dependent child experienced family violence by the sponsor, or you share a court order or parental responsibility for a child with the sponsor. Our family violence provisions post explains the evidence the Department accepts.

What about children and the partner of a New Zealand citizen?

Three related visas cover the situations a standard partner application does not.

A child can be included in the partner application at lodgement. A child who was not included, or who was born after lodgement, applies for a Dependent Child visa (subclass 445) so they can be added at the permanent stage. The 445 guide time is 26 to 33 months.

If your partner is a New Zealand citizen on the ordinary Special Category visa (not a permanent resident or eligible New Zealand citizen), they cannot sponsor a partner visa. You apply for the subclass 461 visa instead: $1,330, a 5-year temporary visa with work rights, decided in 5 to 7 months (current guide).

If you are not yet married and your partner is overseas, the Prospective Marriage visa (subclass 300) brings them to Australia for 9 to 15 months to marry, after which the 820 application follows. The applicant must be 18 or over and the couple must have met in person as adults.

Not sure which partner visa fits?

Send us your visa situation and how long you have been together. We tell you which route is open to you, what Schedule 3, section 48 or condition 8503 means for your lodgement, and what the two stages cost.

FAQs on the partner visa

Sometimes. The 12-month rule applies to de facto couples, not married couples, and it is a rule about being in a de facto relationship for 12 months, not about living under one roof.

The Migration Act asks whether you live together or at least do not live separately and apart on a permanent basis, and the Full Federal Court confirmed in 2015 (SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69) that a couple can be in a de facto relationship without having lived together.

Couples who live in different countries need stronger evidence under the other headings, not a different visa. The 12-month rule itself does not apply if you have registered the relationship, if there are compelling and compassionate circumstances, or in the humanitarian-partner cases described above.

Not automatically. Every sponsor provides police clearances, and the Department can refuse a sponsorship where the sponsor has a significant criminal record for relevant offences, including violence and offences against children. A conviction that has been quashed or pardoned is not counted.

Where a refusal is possible, the sponsor’s history should be addressed in the sponsorship application, not discovered by the Department.

You do not lodge a new application. You tell the Department and provide the marriage certificate, and the application continues as a spouse application. The evidence you have already given about the relationship still counts, and the 12-month de facto rule no longer applies.

The Department assesses the permanent stage from 2 years after you lodged the combined application, and the current guide times from that date are 6 to 19 months for the 801 and 9 to 18 months for the 100. Most couples therefore reach the permanent visa 2.5 to 4 years after lodging.

Couples in a long-term relationship (3 years, or 2 years with a child) when they lodged can be granted the permanent visa without the 2-year wait.

If you applied in Australia and hold a Bridging visa A, you need a Bridging visa B before you leave, or you cannot re-enter.

If you applied from outside Australia, you can visit on another visa while the 309 is processed, and since 2023 the 309 can be granted while you are in or outside Australia.

You must tell the Department of the change in your circumstances. The visa will usually be refused, except where your sponsor has died, where you or a dependent child experienced family violence by the sponsor, or where you share parental responsibility or a court order for a child with the sponsor.

If you applied in Australia while holding a substantive visa, the Bridging visa A that follows has no work limits. If you applied while holding only a bridging visa or no visa, you may receive a Bridging visa C instead, which carries a no-work condition (8101) unless you show a compelling need to work.

See our indicative professional fees for partner visa applications.