Partner Visa
Onshore Partner visa 820/801
The onshore Partner visa (subclass 820/801) is a combined two-stage application for the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen who is in Australia: you lodge both stages together, the temporary 820 is assessed first (so you can remain onshore with your partner), and if the relationship is still genuine and ongoing, the permanent 801 is considered later—once granted, it lets you live, work and study in Australia indefinitely. For people already in Australia on a substantive visa (e.g., Student visa or 485), you can generally apply straight away once you meet the requirements and you’ll stay on your current visa until it expires; a Bridging Visa A is usually granted at the time of the application and comes into effect when your current visa ceases, generally, you will have full working right when you holding the bridging visa A. The key benefit of the onshore pathway is that you can usually enrol in Medicare from the date you applied for permanent residency, and Services Australia specifically includes combined spouse visas 820/801.
Offshore partner visa 309/100
The offshore Partner visa pathway (subclass 309/100) is for spouses or de facto partners of an Australian citizen/PR/eligible NZ citizen who lodge the partner visa while outside Australia. It’s a combined 2-stage process: you lodge once, normally the temporary 309 is assessed/granted first, then the permanent 100 is assessed later. Importantly, the location rule has changed — from 25 November 2023, the Department of Home Affairs can grant subclass 309 whether the applicant is in or outside Australia at the time of decision, so applicants don’t have to “fly out just to get granted.”
Who the offshore 309/100 might suit
- People who must stay in their home country for work commitments (employment contract, business operations), family caring duties, property/settlement matters, or other personal affairs.
- Couples who prefer the applicant to remain offshore until the 309 is granted (less disruption, no reliance on bridging visas).
- People who keep getting Visitor visa refusals and want to pursue the proper “partner migration” pathway first, then try a short visit later.
If Visitor visas keep getting refused
Visitor visas are still assessed on whether the applicant is a genuine visitor. However, lodging 309/100 first can sometimes help a later Visitor application because it shows you’re using the correct long-term pathway and being transparent — and Home Affairs guidance indicates applicants in partner relationships shouldn’t be automatically disadvantaged just for disclosing the relationship/longer-term context.
Fundamental criteria for partner visa
To meet the core requirements, you generally need to show:
- Eligible relationship with the sponsor
- You are either legally married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen sponsor.
- If married: the marriage must be valid and legally recognized under Australian law (including overseas marriages, if valid and not prohibited in Australia).
- If de facto: you usually need to show you have been living together in a genuine de facto relationship for at least 12 months, unless you have registered the relationship in Australia
- Genuine and continuing relationship
- The relationship must be real and ongoing, and you must not be permanently separated (the legal wording is essentially that you are not living separately and apart on a permanent basis).
- Living together (and when you can still be accepted without it)
If you are not living together due to convincing reasons (e.g., job commitments, caring responsibilities, study, cultural/religious factors, or other practical barriers), the Department of Home Affairs can still accept the relationship if you are married or have a registered relationship, and you provide strong evidence that:
- you maintain an ongoing partnership (regular contact and visits where possible),
- you share finances or support each other financially,
- you present socially as a couple,
- you have a real commitment to a shared future (plans, decisions, responsibilities).
Practical tip: When you can’t live together, focus on explaining why (clear timeline + documents) and then proving the relationship across the usual four areas: financial, household, social, and commitment evidence.
Prospective Marriage visa 300
The Prospective Marriage visa (subclass 300) is a temporary fiancé(e) visa that lets an overseas partner come to Australia to marry their Australian sponsor (Australian citizen, permanent resident, or eligible New Zealand citizen) and then move into the partner visa pathway. It is usually granted for 9–15 months from the grant date, during which the applicant can generally work and study, travel in and out, and must marry the sponsor before the visa ends and then lodge an onshore Partner visa (820/801) to stay longer.
Who this visa suits
This visa is often suitable for couples who:
- Met online (dating app/social media), built a genuine relationship, and found real commitment, but have no practical way to live together yet (distance, visas, family responsibilities, work, study).
- Have physically met in person and can prove they know each other personally, but don’t meet the 12-month de facto living-together requirement for a partner visa.
- Are committed to marrying and starting life together but need a lawful option to be together in Australia before marriage.
Core requirements (what you must be able to show)
- You are engaged to your sponsor and both of you are generally 18+.
- You have met in person (online-only relationships are not enough).
- You genuinely intend to marry each other within the visa period and live together as a married couple. (Notice of Intended Marriage from celebrant)
- The relationship is genuine (not for visa purposes), and you meet health and character requirements.
Strong evidence examples (matches your scenarios)
- Marriage celebrant evidence: a signed statement/letter from an authorized marriage celebrant confirming you have lodged the Notice of Intended Marriage and showing the planned date/place (or date range).
- Ongoing commitment evidence: regular communication records, visit history, photos together, future plans (wedding planning, accommodation planning, timelines).
- Financial support: money transfers, shared expenses, gifts, support for flights/accommodation, joint savings plan—anything consistent and explainable.
- Social recognition: you present each other as fiancé/fiancée to friends and family, social media posts, engagement announcements, invitations, messages with family, etc.
Feeling overwhelmed? We’re here to help.
Our expert team will be at your side at every stage of your partner visa journey, from
understanding eligibility requirements and gathering evidence to submitting your application.
FAQs
From our years of practice, we have seen this situation many times. The short answer is yes; you still can.
As per the Migration PAM, It states that it is possible for one party to satisfy the definition of spouse or de facto partner under Migration Act even if they are still legally married to someone else, as long as they can convincingly demonstrate to the department that they are permanently separated from his/her former relationship.
Yes. Under the migration law, you can still qualify as a spouse or de facto partner even if you are not currently living together, as long as you are not separated on a permanent basis and your relationship is genuine and ongoing. Religious or cultural reasons for living apart are recognised as valid, and both the Department and the Tribunal/Courts have accepted such arrangements in past cases where strong evidence was provided. You must be able to show a clear intention and plan to live together in the future, along with supporting evidence such as regular communication, visits, financial support, family and community recognition of your relationship.
If you have had a visa refusal while you were in Australia and you no longer hold a substantive visa, you may be subject to the section 48 (s48) bar, which restricts you to applying only for certain prescribed visas while you remain in Australia.
Good news: an onshore Partner visa (subclass 820/801) is one of the visa classes prescribed under regulation 2.12, so an s48-barred applicant can generally lodge it in Australia.
The catch: Schedule 3 (the “28-day” issue)
Even if the Partner visa is available under s48, many applicants in this situation will also be assessed against Schedule 3 of the Migration Regulations. One key Schedule 3 timing criterion (often referred to as the “28-day rule”) is linked to how long it has been since you last held a substantive visa.
If you cannot meet the relevant Schedule 3 criteria, the Department can still proceed only if a waiver is granted, and the legal test is whether there are “compelling reasons” not to apply Schedule 3 to you (this is a high threshold and must be argued carefully with evidence).
A common strategy: consider an offshore Partner visa to avoid Schedule 3
Where Schedule 3 is likely to be a major risk, an alternative approach may be to depart Australia and lodge an offshore Partner visa (subclass 309/100). You would generally need to be outside Australia at the time of application.
However, we can still tackle this situation with a better solution. Since you are holding a Bridging Visa A, we can apply for a Bridging Visa B for you. Once you travel outside Australia, we can lodge an offshore Partner visa to avoid the need to rely on compelling and compassionate reasons. You can then travel back to Australia on the Bridging Visa B. Also, because the offshore Partner visa can be granted either onshore or offshore, we can use a bridging visa switch strategy linked to your offshore Partner visa. This means that even if your ART matter is finalised, you may still be able to remain in Australia while waiting for the Partner visa outcome.
Book Now
Book Your Consultation
