Partner Visa 309 vs 820: A Complete Comparison in 2026

If you are in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, a partner visa could be your pathway to building a life together in Australia. Two of the most common options are the Partner Visa 309 and the Partner Visa 820. While both visas lead to permanent residency, they differ in eligibility requirements, application process, and processing times.

This 2026 guide explains the differences between the two visas so you can make an informed choice that suits your circumstances.

What is the Partner Visa 309?

The Partner Visa 309 is a temporary visa for applicants who are outside Australia when applying and when the visa is granted. It is the first step toward the Partner Visa 100, which provides permanent residency.

This visa allows couples to live together in Australia while the applicant waits for their permanent visa to be processed.

Eligibility Requirements for the 309 Visa

1. You must be outside Australia when applying and when granted.
2. You must be married to, or in a de facto relationship with, your Australian partner.
3. Your relationship must be genuine and ongoing.
4. Evidence is required, such as joint finances, shared living arrangements, and social recognition of your relationship.
5. De facto partners usually need at least 12 months of living together, unless special circumstances apply.

Insight: Strong, well-documented evidence of your relationship can significantly improve your chances of approval and reduce delays.

Application Process

Applicants must provide:

1. Identity documents (e.g., passport, birth certificate)
2. Relationship evidence (e.g., marriage certificate, joint lease, joint bank accounts)
3. Character checks (e.g., police certificates)

Processing time in 2026: Around 13 to 25 months. Given the significant application fee, it’s essential to prepare documents carefully to avoid delays.

Insight: Many applications face delays due to missing or incomplete documents. A checklist and professional guidance can help ensure your application is decision-ready.

What is the Partner Visa 820?

The Partner Visa 820 is also a temporary visa, but it applies to people who are already in Australia. It leads to the Partner Visa 801, which grants permanent residency.

This visa allows couples to live together in Australia without separation while waiting for permanent residency.

Eligibility Requirements for the 820 Visa

1. You must be in Australia when you apply and when the visa is granted.
2. You must be married or in a de facto relationship with your Australian partner.
3. You need to show evidence of a genuine and ongoing relationship, such as joint finances, joint household arrangements, photographs, and statements from family or friends.

Application Process

Applicants must provide:

1. Relationship evidence (similar to the 309 Visa)
2. Identity and character documentation
3. Proof of ongoing relationship support

Processing time in 2026: Around 12 to 24 months. Applicants must stay in Australia on a valid visa (substantive visa or bridging visa) during the process.

Insight: While the 820 Visa generally takes longer, it allows you to stay in Australia with your partner during processing, which many applicants find invaluable.

Key Differences Between Partner Visa 309 and 820

While both visas share many similarities, the main differences lie in location requirements and processing times:

Location at time of application and grant:

1. Visa 309: Must be outside Australia.
2. Visa 820: Must be inside Australia.

Processing speed:

1. 1. Visa 309 is generally processed faster (13–25 months).
   2. Visa 820 often takes longer (12–24 months).

Pathways to permanent residency:

1. 1. Visa 309 progresses to Visa 100.
   2. Visa 820 progresses to Visa 801.

Insight: Your current location is the most critical factor in deciding between the two visas.

Shared Requirements for Both Partner Visas

1. Genuine relationship: Proof of commitment through finances, living arrangements, and social recognition.
2. Health and character checks: Health exams and police certificates are required.
3. Sponsorship: Your Australian partner must act as your sponsor, providing financial and emotional support.

Which Partner Visa Should You Apply For?

Your choice depends largely on your current location:

1. If you are outside Australia, apply for the Partner Visa 309.
2. If you are inside Australia, apply for the Partner Visa 820.

When deciding, consider:

1. Current Location: Where are you living now?
2. Processing Time: How quickly do you need the visa?
3. Future Plans: How soon do you want to apply for permanent residency?

Insight: Planning your visa pathway can save you both time and money, especially if you are considering long-term settlement in Australia.

Frequently Asked Questions (FAQs)

Q1. Can I work while on a Partner Visa 309 or 820?

A1 – Yes, both visas allow you to work in Australia while your permanent visa application is being processed.

Q2. Can I study in Australia on a Partner Visa?

A2 – Yes, you can study; however, international student fees may apply.

Q3. Do both visas lead to permanent residency?

A3 – Yes. The 309 leads to the Partner Visa 100, and the 820 leads to the Partner Visa 801.

Q4. How much does the Partner Visa cost in 2026?

A4 – The application fee is significant (over AUD $11,710). This fee covers both the temporary and permanent visa stages.

Q5. What if my relationship ends during processing?

A5 – In most cases, the visa will be refused or cancelled. However, exceptions exist, such as cases involving family violence or the death of your partner.

Q6. Can I travel while waiting for a Partner Visa?

A6 – 309 Visa applicants (offshore) can enter Australia once granted.
820 Visa applicants must remain in Australia but may travel if holding a bridging visa with travel rights.

Why Choose Emigrate Lawyers?

Navigating the Australian partner visa process in 2026 can be overwhelming, especially with strict documentation requirements, lengthy processing times, and the emotional strain of being apart from your partner. At Emigrate Lawyers, we specialise in partner visas (309, 820, 100, 801).

Here’s how we can help:

1. Decision-ready applications: We ensure all your documents are complete and accurate.
2. Tailored legal advice: Every couple’s situation is unique, and we provide strategies suited to your circumstances.
3. Support through complex cases: From family violence provisions to de facto exemptions, we know how to handle sensitive issues.
4. Peace of mind: With expert guidance, you avoid costly mistakes and delays.

Insight: A well-prepared application not only speeds up the process but also reduces the risk of refusal. Professional guidance can make all the difference.

Final Thoughts

Both the Partner Visa 309 and the Partner Visa 820 provide a pathway to permanent residency in Australia. They share many requirements but differ in where you must be located at the time of application and how long processing may take.

By understanding these differences and preparing the right documentation, you can improve your chances of a smooth application process and start building your future together in Australia.

If you’re unsure which visa is right for you, contact the experts at Emigrate Lawyers. We are here to guide you every step of the way.