Partner visa pathways — onshore (820/801) and offshore (309/100)
Two routes to permanent residence through a relationship with an Australian citizen or PR. Relationship evidence, the temporary-to-permanent step, and family-violence provisions.
Published 17 May 2026 · Last reviewed 17 May 2026
Subclass 820 / 801 — Partner (onshore)
You apply for the 820 and 801 in a single application from inside Australia. The 820 is granted first (temporary), the 801 (permanent) follows usually about two years later, once Home Affairs is satisfied the relationship is genuine and continuing.
Who can apply
- You are the de facto partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen.
- You're in Australia when you apply and when the 820 is decided.
- You meet relationship requirements: living together (or had a long-term commitment), shared finances, social recognition, and mutual commitment to a shared life.
What you get on the 820
- Full work rights.
- Medicare access (once you receive the 820 grant).
- Travel in and out of Australia.
The 801 stage
- Roughly two years after lodging, Home Affairs asks for updated relationship evidence and makes a decision on the permanent 801.
- If your relationship ends, you may still qualify under family violence provisions or if you have children with your sponsor — verify with a registered migration agent or community legal centre. See domestic abuse and family violence for what to do if your visa is tied to an abusive sponsor.
Common gotchas
- The single biggest 820/801 mistake is thin evidence of the relationship — joint accounts, lease, photos with date context, statutory declarations from friends and family, travel records. Start collecting this from day one.
- Two Form 888 statutory declarations from Australian citizens / PRs are required at lodgement.
- Partner visa fees are among the highest in the world. Verify the current Visa Application Charge at: https://immi.homeaffairs.gov.au/visas/getting-a-visa/fees-and-charges/current-visa-pricing
Subclass 309 / 100 — Partner (offshore)
The offshore version. Same single application, different timing — the 309 (provisional) is granted while you're outside Australia, you enter on it, then the 100 (permanent) follows about two years later.
Key differences from 820/801
- You must be outside Australia when the 309 is granted.
- You may not have automatic Medicare access until the 309 is granted and you enter Australia.
- Most other relationship and evidence requirements are the same.
Common gotchas
- Applying offshore and then entering on a tourist visa to "wait it out" can break the 309 conditions. Check whether you can travel before the grant.
- If your circumstances change while waiting offshore — new job, new address — tell Home Affairs through ImmiAccount.
Where to read more
- Partner visa (apply in Australia): https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore
- Subclass 820 — Partner (temporary): https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-820
- Subclass 801 — Partner (permanent): https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/permanent-801
- Partner visa (apply overseas): https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore
- Subclass 309 Partner (Provisional): https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore/provisional-309