Family & partner visas

Partner Visas Australia

Three pathways lead to permanent residence through a partner: the onshore Subclass 820/801, the offshore Subclass 309/100, and the Prospective Marriage Subclass 300 for engaged couples. This hub maps every guide, cost breakdown, and evidence resource we publish — and what to do if a partner visa has been refused.

Keshab Chapagain, registered migration agent MARN 1576536

Keshab Chapagain · MARN 1576536 · Registered since 2015

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Guide Partner Visa Australia — the complete guide 2026 The full picture: every subclass, eligibility, costs, timeline, and the evidence framework in one long-form guide. Read → Fees Partner visa cost 2026 — every fee, line by line The A$11,710 government charge plus everything else the application actually costs. Read → Evidence Partner visa evidence checklist — the four-area framework Financial, household, social, commitment — what the Department expects under each heading. Read → 888 Form 888 and relationship statements Who can declare, how many you need, and what persuasive statements actually look like. Read →

Choose your pathway

820/801 Onshore partner visa (Subclass 820 & 801) For couples where the applicant is in Australia — temporary 820 first, permanent 801 second. Read → 309/100 Offshore partner visa (Subclass 309 & 100) For applicants outside Australia — provisional 309 first, permanent 100 second. Read → 300 Prospective Marriage visa (Subclass 300) The fiancé(e) route — enter Australia, marry within 9 months, then move to the 820/801 at a reduced charge. Read → De facto De facto partner visa The 12-month rule, state relationship registers, and how de facto evidence differs from married couples. Read →

Refusals & problem areas

Sch 3 Schedule 3 and the onshore partner visa Applying without a substantive visa — the 28-day rule, the compelling-reasons waiver, and Waensila. Read → ART Partner visa refusal & ART review Why partner visas get refused, the deadlines that matter, and what works at review. Read → ART ART review process (replaced the AAT) How migration merits review works at the Administrative Review Tribunal. Read →

Partner visas are decided on evidence, not forms. The Department assesses whether a relationship is genuine and continuing across four defined areas, and most refusals trace back to evidence gaps or eligibility issues that were visible before lodgement. Outcomes cannot be guaranteed by any registered migration agent (s 15, Migration (Migration Agents Code of Conduct) Regulations 2021). WIDEN's role is migration advice — pathway selection, eligibility and risk review, evidence strategy, and lodgement.

Which pathway fits your situation?

Applicant currently in Australia — the onshore 820/801. A bridging visa usually covers the wait, but your current visa status matters: some onshore applicants face Schedule 3 criteria that need addressing before lodgement.
Applicant outside Australia — the offshore 309/100. Same permanent outcome, no Schedule 3 exposure, but no bridging visa — the applicant waits offshore until the 309 is granted.
Engaged, not yet married or de facto — the Prospective Marriage 300, then the onshore partner visa after the wedding at a reduced charge.
Already refused — start with the refusal and ART review guide; review deadlines are short and strict.

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MARN 1576536 · practising since 2015 · replies personally

Frequently asked questions

Should I apply onshore (820/801) or offshore (309/100)?

It depends on where the applicant is when the application is lodged — the 820/801 must be applied for in Australia, the 309/100 from outside Australia. Both lead to the same permanent outcome. The practical differences are bridging visa access (onshore applicants usually receive a bridging visa with work rights), travel flexibility, and how your current visa status affects eligibility — onshore applicants on some visas face Schedule 3 hurdles that offshore applicants never encounter.

How much does a partner visa cost?

The government visa application charge for the 820/801 and 309/100 is A$11,710 (2026), paid once and covering both the temporary and permanent stage. On top of that come health examinations, police checks, translations, and any professional fees. Applicants who held a Prospective Marriage (300) visa pay a substantially reduced charge for the onshore stage. See the full line-by-line breakdown in our cost guide.

Do we need to be married to apply?

No. Both the 820/801 and 309/100 are open to married applicants and to de facto partners — generally requiring 12 months of de facto relationship before applying, unless the relationship is registered under an Australian state or territory scheme or compelling circumstances apply. Engaged couples who are not yet living together may instead consider the Prospective Marriage (300) pathway.

What evidence does the Department look at?

The Department assesses whether the relationship is genuine and continuing across four areas: financial aspects, the nature of the household, social aspects, and the nature of the couple's commitment to each other. Strong applications document all four areas over time rather than relying on one. Our evidence checklist explains what belongs in each area.

What happens if a partner visa is refused?

Most partner visa refusals carry review rights at the Administrative Review Tribunal (ART), with strict deadlines from the date of the decision notice — commonly 21 days for onshore refusals. Many refusals turn on evidence gaps or Schedule 3 issues that can be addressed at review. Whether review or a fresh application is the better strategy depends on the refusal reasons, so read the decision record carefully before deciding.

Can a migration agent guarantee my partner visa will be granted?

No. Outcomes cannot be guaranteed by any registered migration agent (s 15, Migration (Migration Agents Code of Conduct) Regulations 2021). What professional assistance changes is how completely your relationship evidence addresses the legal criteria, and how risks — prior refusals, Schedule 3, sponsor limitations — are identified and dealt with before lodgement rather than after.

General information only. Visa application charges, criteria, and processing arrangements change regularly — verify current requirements with the Department of Home Affairs before relying on the information on this page.

This page does not constitute migration advice (s 23, Migration (Migration Agents Code of Conduct) Regulations 2021). Migration advice is provided by Keshab Chapagain (MARN 1576536), with a written service agreement issued before work commences (section 42). The OMARA Consumer Guide is provided to all clients. Outcomes cannot be guaranteed by any registered migration agent (s 15). PI insurance held under the Migration Agents Regulations 2026. Complaints via our Complaints Policy or directly to OMARA.

Work it out yourself first

Free partner visa evidence checklist (download) The four-area evidence framework as a practical checklist, plus a short email series on building a strong application.