Who this may suit
Couples comparing Australian Partner visa pathways before choosing an application strategy.
Key considerations
- Engagement, marriage and a qualifying de facto relationship lead to different eligibility questions.
- Application location and your present visa conditions matter, even if the relationship is genuine.
- A temporary Partner visa does not turn into permanent residence automatically.
Three pathways at a glance
For the usual Partner pathways, the sponsoring partner is an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Sponsorship and applicant eligibility both need to be established. A marriage certificate or an Australian partner’s passport is not the whole application.
- Prospective Marriage 300: apply outside Australia to come to Australia and marry your prospective spouse, then consider a separate 820/801 application.
- Partner 820/801: the temporary and permanent applications are made together while the applicant is in Australia.
- Partner 309/100: the provisional and permanent applications are made together while the applicant is outside Australia.
Sponsoring a Partner visa while unemployed: what to check →
When the Prospective Marriage pathway fits
Subclass 300 is intended for a couple planning to marry, rather than a shortcut around proving an existing spouse or de facto relationship. Applicants must be at least 18 and must have met their prospective spouse face to face as adults and know each other personally.
The current permitted stay is generally 9 to 15 months from grant, with the actual period in the grant letter. Follow the marriage and first-entry conditions on that letter. If you intend to settle through the normal Partner pathway, plan the marriage and onshore Partner application before the 300 visa ends. That later application has its own charge and eligibility assessment.
Explore the Prospective Marriage visa →
Choosing between onshore and offshore Partner applications
820/801 and 309/100 both concern an eligible spouse or de facto partner. The application-location rule is a key distinction. Home Affairs currently allows the temporary 820 and provisional 309 to be decided while the applicant is in or outside Australia, but not in immigration clearance; that does not remove the location requirement when applying.
For an onshore plan, check the current visa, expiry and any No Further Stay condition before making arrangements. A waiver request is not itself a waiver or permission to remain. Previous refusals, cancellation, time without a substantive visa and certain regional visas need individual consideration.
For an offshore plan, assess how the couple will manage time apart and any proposed visits. A pending Partner application does not replace the need to meet the rules of a separate visa used to enter or remain in Australia.
Prove the relationship that actually exists
A married couple still needs a genuine, continuing relationship and the required commitment to a shared life. De facto applicants generally need the relationship to have existed for the 12 months immediately before application, unless a relevant exception applies. A recognised registered relationship may remove that duration requirement; it does not remove the other relationship criteria.
Organise evidence around finances, household arrangements, social recognition and commitment. Explain periods apart, how responsibilities are shared and how the relationship developed. Use genuine records that reflect your circumstances rather than creating a joint arrangement solely to imitate someone else’s checklist.
Understand the permanent stage and changes
The permanent stage is normally considered after two years from the original combined application, rather than two years after the temporary visa grant. Further evidence may be required. Long-term relationship provisions and other exceptions can affect the timing; an earlier permanent decision is not guaranteed.
Keep contact details and relationship information current. If the relationship ends, a sponsor dies or family violence occurs, seek advice before assuming the application must be withdrawn. Specific provisions may allow a visa outcome in some circumstances. Do not remain in an unsafe relationship because of an assumption about visa eligibility.
Compare the whole plan before paying
Prepare a simple comparison covering eligibility, location, lawful stay, travel, family members and costs. Include government charges, health examinations, police certificates, translations and any agreed professional fees. Check current charges for the exact pathway rather than using an old article’s price.
Write down unresolved facts before choosing a route: the date the relationship became committed, periods living together or apart, previous marriages or sponsorships, and each person’s immigration history. This helps identify the questions requiring advice before an application is lodged.
Discuss the application budget →
How we can help
Ausdirect can compare the relevant pathways, identify application-location and visa-condition issues, and help organise relationship evidence around the applicable criteria.
Questions to consider
Do we have to marry to apply for a Partner visa?
Not necessarily. An eligible de facto relationship can support 820/801 or 309/100, subject to the relationship duration rules and other requirements. Engagement alone is different.
Does a long relationship guarantee an immediate permanent visa?
No. The relevant long-term relationship provisions and evidence must be assessed. Eligibility for earlier consideration is not a promise of timing or approval.
Your next step
Prepare a relationship timeline and your current visa details for a consultation. Use an agreed secure channel for identity and sensitive documents.