Partner Visa
- Home
- Blog
Mar 12, 2026
Partner Visa
Share It
Which Australian Partner Visa Do You Actually Need?
Onshore, offshore, or prospective marriage — each pathway has different rules, timelines and costs. This guide walks through each one clearly, with three real-world scenarios to show you exactly how they work in practice.
“Partner visa” sounds like a single thing. It isn’t. There are five subclasses across three distinct pathways — and choosing the wrong one can cost you thousands of dollars in non-refundable government fees.”
If you’re in a genuine relationship with an Australian citizen or permanent resident and want to live together in Australia, a Partner Visa is almost certainly the right category for you. But which type of partner visa you need depends entirely on three things: where you are right now, where your partner is, and whether you’re married, de facto, or engaged.
This guide explains the three partner visa pathways Onshore (Subclasses 820 & 801), Offshore (Subclasses 309 & 100), and Prospective Marriage (Subclass 300) and walks through three scenario-based case examples to show exactly how each pathway plays out in practice.
Which Visa Applies to You?
Below are three scenario-based cases. Each one represents a common situation we see at Aran Legal and walks through the correct pathway, the key steps, and what to expect along the way.
01
You're living in Australia on a student visa and your partner is an Australian citizen
You met your partner while studying in Australia. You’ve been in a de facto relationship for 14 months and are currently on a student visa that expires in 8 months. You want to stay in Australia permanently. Your partner is an Australian citizen and is willing to be your sponsor.
- You have been in a de facto relationship for at least 12 months — you meet the de facto requirement. Your partner, as an Australian citizen, is eligible to sponsor you.
- Apply for Subclass 820 (Onshore Temporary) before your student visa expires. Once lodged, you'll be issued a Bridging Visa A, keeping you lawful in Australia while the Department processes your application.
- Continue living and working in Australia. The SC 820 grants full work rights and Medicare access. Processing the temporary stage can take 12–24 months.
- Permanent stage (SC 801) is assessed approximately two years from your application date. At this point, the Department re-assesses your relationship evidence to confirm it remains genuine and ongoing.
Pathway: Onshore · Subclass 820 → Subclass 801. You do not need to leave Australia at any point in this process. Begin gathering relationship evidence immediately — financial records, shared lease, photos, statutory declarations from people who know you as a couple.
02
You're living overseas and your partner is an Australian permanent resident living in Australia
You live in the Philippines. Your partner holds Australian permanent residency and has been living in Melbourne for three years. You’ve been in a long-distance de facto relationship for 18 months — you visit regularly and can prove the relationship. You want to move to Australia and eventually gain permanent residency.
- Confirm your partner's eligibility as a sponsor. Australian permanent residents can sponsor a partner visa, provided they meet the residency obligations for their own permanent visa and have not exceeded the sponsorship limit.
- Lodge the Subclass 309 application while you are outside Australia. This is the offshore temporary stage. You can be anywhere outside Australia when you lodge — you do not need to be in your home country.
- Once the SC 309 is granted, you can travel to Australia and begin your life there. The visa allows multiple entries and full work rights.
- Subclass 100 (permanent) is assessed around two years from the original application date. You don't apply again — it's an automatic second-stage assessment using the same application.
Pathway: Offshore · Subclass 309 → Subclass 100. Key consideration: the SC 309 grant can take 12–18+ months. During this time you remain overseas unless you have another valid Australian visa. Plan for this waiting period carefully — particularly if you have employment commitments.
03
You're engaged to an Australian citizen but you've never lived together in Australia
You live in India and your fiancé is an Australian citizen living in Sydney. You met while they were travelling, and you got engaged six months ago. You’ve visited each other several times. You are not yet married and have not lived together for 12 months, so you are not eligible for the standard partner visa pathways.
- Apply for the Subclass 300 (Prospective Marriage Visa) from India. You must be outside Australia when you apply and when the visa is granted. Your fiancé must be an Australian citizen — note that permanent residents cannot sponsor a Subclass 300.
- Travel to Australia once the SC 300 is granted. This visa is valid for up to 9 months from the date of grant. You must marry your partner within this validity period — no exceptions.
- After marrying, lodge the Onshore Partner Visa application (SC 820/801) from within Australia. Because you already paid the SC 300 fee, the Department charges a significantly reduced fee for the subsequent Partner Visa application.
- Continue on the 820/801 pathway to permanent residency — same as any onshore applicant from this point forward.
Pathway: SC 300 → SC 820 → SC 801. Critical note: only Australian citizens (not permanent residents) can sponsor the Subclass 300. If your partner is a permanent resident but not yet a citizen, you will need to explore alternative pathways — speak to a migration agent about your options.
What Evidence You'll Need
Regardless of which pathway you’re on, the Department of Home Affairs assesses whether your relationship is genuine and continuing across four categories:
- Financial — joint accounts, shared bills, combined property or assets, proof of financial interdependence.
- Household — shared lease or mortgage, utility bills in both names, evidence of living arrangements.
- Social — photos together, joint social activities, recognition by family and friends, statutory declarations from people who know you as a couple.
- Commitment — length of the relationship, knowledge of each other's lives and families, long-term plans, communication records if in a long-distance relationship.
“The most common mistake we see is people applying for the wrong visa subclass because of where they happen to be — not where their relationship stands or where their partner’s status sits.”
— Aran Legal Migration Team
Let down by another agent? We can help!
Fixed price
There are no hidden costs for our services as our fees are clearly set out in a cost agreement.
Deal directly with a lawyer
From the first same-day response to the granting of your visa, you’ll have direct access to a migration lawyer.
Clear communication
Our experienced migration lawyers will give you regular updates and clear explanations of visa pathways.
Installments available
3-6 month instalment options are available on some visa types and visa applications.
Our Recent Blog
If you are in a relationship with an Australian citizen or permanent resident you may be eligible to apply for a Partner Visa
If you are looking to live and work in Australia, there are many different pathways available which makes applying for a “Working Visa” a difficult task.
If your life is at risk in your home country, Australia’s Refugee and Humanitarian Program provides protection to people who are fleeing persecution, human rights abuses or significant harm in country.
Australian visas - what you need to know
Some of the most common types of visas for people looking to migrate to Australia:
- Partner visas: These can include visas for your fiancé, married, or de-facto partner.
- Family visas: These visas can include adoption, carer, dependent relative, and more.
- Parent visas: The requirements for each parent visa type differ; there are key eligibility requirements that apply to all applicants.
- Work and skilled visas: These can include temporary and permanent visas for both regional and metropolitan areas. These are online temporary visas.
- Protection visas: These can allow you to stay in Australia if you fear returning to your home country.