Partner visas (820/801, 309/100)
The temporary and permanent partner visas are applied for together: 820 and 801 if you are in Australia when you apply, 309 and 100 if you are outside Australia. You must be the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
- Permanent stage
- Assessed 2 years after lodging; earlier for long-term relationships
- Government charge
- AUD11,710 for the main applicant
- Processing priority
- Onshore 820/801 first under Direction 117
What we do
- 01Assess which visa fits: onshore 820/801, offshore 309/100, or the Prospective Marriage 300 visa, and whether the permanent stage can be assessed at the same time.
- 02Build the relationship evidence around the four areas the Department assesses: finances, household, social recognition and commitment.
- 03Advise sponsors on the limits and the police clearance requirements before anything is lodged.
- 04Handle Schedule 3 and no further stay issues for applicants who no longer hold a substantive visa.
- 05Act in family violence, death of sponsor and relationship breakdown cases, and in review of refused applications.
When you need this
- You are married to, or living with, an Australian citizen, permanent resident or eligible New Zealand citizen and want to stay or move here.
- Your current visa is about to expire, or has expired, and you need to know whether you can still apply onshore.
- Your sponsor has sponsored someone before, or has a criminal record.
- Your relationship has ended, or you have experienced family violence, after the application was lodged.
Who you will work with
Jing Sun
Principal Solicitor · Notary Public
Founder and Principal Solicitor with 16+ years across commercial, corporate, litigation and immigration law. Also a Notary Public.
ProfilePoints worth knowing
De facto partners usually need 12 months
A de facto relationship must ordinarily have existed for the 12 months immediately before the application; time spent dating or in an online relationship may not count. The 12 months do not apply if the relationship is registered with an Australian state or territory, and can be set aside for compelling and compassionate circumstances.
The evidence is assessed under four headings
The Department must consider the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the couple's commitment to each other, for married and de facto couples alike. Two witnesses aged 18 or over who know the couple must give statements.
Sponsors are limited and checked
Sponsorship may be refused if this would be the sponsor's third partner sponsorship, if they sponsored a partner within the last 5 years, or if they were themselves sponsored as a partner within the last 5 years, unless there are compelling circumstances such as a dependent child or a long relationship. Sponsors must provide a complete disclosure Australian Federal Police certificate and overseas police certificates for any country where they spent 12 months or more in the last 10 years since turning 16, and a significant criminal record for relevant offences (for example a sentence, or sentences totalling, 12 months' imprisonment or more) may lead to refusal. The sponsor cannot be changed for 2 years after the temporary visa is granted.
The permanent stage comes two years after lodging
The permanent 801 or 100 visa is normally assessed 2 years after the application was made. It can be granted earlier where the couple were in a long-term partner relationship when they applied: 3 years, or 2 years with a dependent child of the relationship. Where the relationship ends because the sponsor has died, or the applicant has experienced family violence by the sponsor (for a 309/100 applicant, only after entering Australia on the 309 visa), or the applicant has custody of or access to a child of the relationship or a Family Court residence or contact order, the permanent visa can still be granted.
Applying without a substantive visa is harder, not impossible
An onshore applicant who no longer holds a substantive visa must meet Schedule 3 criteria, including lodging within 28 days of the last substantive visa ending, unless there are compelling reasons for not applying them. Such applicants must also show compelling reasons for the grant and lodge at least two statutory declarations made within the last six weeks by Australian citizens, permanent residents or eligible New Zealand citizens confirming the relationship. If the current or previous visa carries a no further stay condition (8503), a waiver must be approved before the application can be made.
Onshore applications are processed first
Under Ministerial Direction 117, which took effect on 25 July 2026, onshore partner applications (820/801) are given the highest priority and offshore 300 and 309/100 applications a lower priority. The main applicant charge for a partner or prospective marriage visa is AUD11,710.
How we work
- 01A first conversation in English or Mandarin about your relationship, your visa history and your partner's situation, and a frank view of the weak points.
- 02Before any work starts, we confirm the scope of work and our fees in writing.
- 03We give you an evidence list made for your relationship, review everything before lodging, and keep the file current until the permanent stage is decided.
Common questions
We are not married. Can we still apply?
Yes, as de facto partners, provided you have been in a de facto relationship for the 12 months before applying or have registered the relationship in an Australian state or territory. Both of you must be 18 or older.
My visa has already expired. Is it too late?
Not necessarily. You can still apply onshore if you meet the Schedule 3 criteria or can show compelling reasons for them not to apply, and you lodge the extra statutory declarations. Timing matters, so ask as soon as the visa lapses.
My partner sponsored someone before. Does that stop us?
Not automatically. A second sponsorship is possible if 5 years have passed since the earlier application; beyond that the Department may still approve sponsorship in compelling circumstances, for example where there is a dependent child or the relationship is long standing.
What happens if we separate before the permanent visa?
If the relationship has ended, the permanent visa can still be granted in three situations: the sponsor has died, you have experienced family violence by the sponsor (for a 309/100 applicant, after entering Australia on the 309 visa), or you have custody of or access to a child of the relationship or a Family Court residence or contact order. Outside those situations the partner visa cannot be granted, and we will advise on other options.
This page is general information about Australian immigration law and is not legal advice. Please contact us about your own situation.
Last updated: October 2026