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Navigating the partner visa 820, 309 visa or 300 visa in Australia made easy. Find answers to common questions and learn about the different stages and timeframes involved.
Partner Visa (Subclass 820/801 & 309/100)
How do you qualify for a partner visa?
You must be in a genuine and continuing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. You must be married or in a de facto relationship (12 months+ unless exempt).
How long does it take to get a partner visa?
- Subclass 820 (Temporary Onshore): 12 to 24 months
- Subclass 801 (Permanent Onshore): 12 to 24 months after 820
- Subclass 309 (Temporary Offshore): 12 to 24 months
- Subclass 100 (Permanent Offshore): 12 to 24 months after 309
What is the 5-year rule for partner visa?
If you have previously sponsored someone for a partner visa, you cannot sponsor another partner within five years unless there are compelling circumstances.
What is the difference between visa 820 and 801?
- 820 Visa: Temporary partner visa (first stage)
- 801 Visa: Permanent partner visa (granted after two years if the relationship is still ongoing)
How long does it take from 820 to 801?
Typically 12 to 24 months after applying for the 801 visa.
How to prove a de facto relationship?
- Financial evidence (joint bank accounts, shared bills)
- Social evidence (photos, messages, travel together)
- Household commitment (lease agreement, utilities in both names)
- Commitment to each other (wills, emergency contacts)
Can 820 and 801 be granted together?
Yes, if you have been in a long-term relationship (3+ years or with a child) before applying.
What happens after 5 years on 801?
You can apply for Australian citizenship if you meet residency requirements.
Can I buy a house on an 820 visa?
Yes, but you may need FIRB approval and pay foreign buyer surcharges.
What are the benefits of an 820 visa?
- Full work rights
- Access to Medicare
- Ability to study in Australia
- Pathway to permanent residency (801 visa)
Can visa 820 be cancelled?
Yes, if:
- Your relationship ends
- You provided false information
- You breach visa conditions
Can visa 820 apply for Medicare?
Yes, 820 visa holders are eligible for Medicare.
What happens after an 820 visa?
You can apply for the 801 visa after two years.
What are the new rules of partner visa in Australia?
New changes include:
- Longer processing times
- Stricter relationship verification
- English language requirements for PR applicants
What is proof of relationship in Australia?
- Joint bank accounts, lease, insurance
- Photos, messages, travel records
- Statutory declarations from friends/family
Can you lose an 801 visa?
Yes, if:
- You commit a crime
- You provided false information
- You leave Australia for too long without citizenship
Offshore Partner Visa (Subclass 309/100)
What is a subclass 309 Visa?
A temporary partner visa, subclass 309 visa for those outside Australia, leading to a permanent Subclass 100 visa.
How long can I stay in Australia with a 309 visa?
Indefinitely while awaiting the 100 visa decision.
Is subclass 309 eligible for Medicare?
Yes, once you arrive in Australia.
Can a 309 visa get Centrelink?
No, Centrelink benefits are not available until the 100 visa is granted and the waiting period is completed.
Can you work on a 309 visa in Australia?
Yes, full work rights are granted.
What happens after a 309 visa is granted?
You live in Australia and apply for the 100 visa after two years.
Marriage and Citizenship Pathways
Can I marry an Australian citizen while on my tourist visa?
Yes, but you must apply for a partner visa before your tourist visa expires.
How many years do I need to stay in Australia to get PR?
For partner visas, two years on a temporary visa before being eligible to apply for PR.
This could be subclass 100 or 801 depending on whether you lodged onshore or offshore partner visa application.
Does Australia give citizenship by marriage?
No, marriage does not grant automatic citizenship. You must hold PR and meet residency requirements.
Can I apply for a bridging visa while waiting for 309?
No, 309 is an offshore visa, so you cannot get a bridging visa.
What is the age limit for partner visa in Australia?
There is no age limit, but both must be over 18.
How long does it take to get a 100 visa after 309?
12 to 24 months after receiving the 309 visa.
Prospective Marriage Visa (Subclass 300)
What is a subclass 300 visa?
A Prospective Marriage Visa for fiancés of Australian citizens/PRs, allowing entry to marry within 9-12 months.
How much does a subclass 300 visa cost?
Around AUD $9,095 (as of 2025).
What is the difference between visa 309 and visa 300?
- 309 visa – For married or de facto partners
- 300 visa – For engaged couples planning to marry in Australia
Is subclass 300 eligible for Medicare?
No, not eligible for Medicare.
What is the next step after a 300 visa?
Marry within 9 months, then apply for an 820 visa.
Common Partner Visa Concerns
Can I get PR if I marry an Australian?
Yes, through the partner visa pathway.
How much money do you need for a partner visa in Australia?
Minimum AUD $8,850 in visa fees, plus additional costs for documents, medicals, and police checks.
Can a 50-year-old get PR in Australia?
Yes, if they meet the visa criteria.
Is subclass 300 a permanent visa?
No, it is a temporary visa leading to the 820/801 visas.
How to prove a de facto relationship in Australia?
Same as 820/309 visas – joint finances, lease agreements, travel history, and social evidence.
Bringing Your Girlfriend to Australia
How do I get my Filipino/Cambodian/Vietnamese/Laos/Chinese girlfriend to Australia?
You can apply for:
- Visitor Visa (Subclass 600) for short visits
- Prospective Marriage Visa (Subclass 300) if you plan to marry
- Partner Visa (Subclass 820/309) if already in a long-term relationship
How long can a Filipino citizen stay in Australia?
Typically 3 months on a tourist visa, with extensions possible.
Do you need help applying for your Partner Visa? Contact an immigration lawyer to ensure your application is strong and avoids delays or refusals!