De Facto, Married or Engaged: Which Australian Partner Visa Applies to You?

The Three Pathways at a Glance

Australian immigration law recognises three distinct relationship statuses for partner visa purposes, each mapped to a specific visa product.

First, if you are already married or in a de facto relationship and your sponsor lives in Australia, you apply for the onshore partner visa — subclass 820 (temporary) leading to subclass 801 (permanent).

Second, if you are already married or in a de facto relationship and you are outside Australia at the time of application, you apply for the offshore partner visa — subclass 309 (provisional) leading to subclass 100 (permanent).

Third, if you are engaged but not yet married, and your partner is an Australian citizen, permanent resident or eligible New Zealand citizen, you may apply for the subclass 300 Prospective Marriage visa before the wedding takes place.

The two-stage structure of the partner visa (a temporary stage followed by a permanent stage) applies equally to married couples and de facto couples. The subclass number for the temporary stage (820 or 309) simply reflects whether you are onshore or offshore, not whether you are married or de facto.

Married Couples: The Straightforward Case

If you and your sponsor are legally married under Australian law or a marriage that is recognised under Australian law, you can apply for the partner visa immediately after the wedding. There is no minimum duration of marriage required — a couple who married last week and a couple married for ten years both meet this element of the eligibility criteria.

The practical evidence burden for married couples is generally lower than for de facto couples. A valid marriage certificate is the primary document establishing the relationship. You still need to demonstrate that the relationship is genuine and continuing, which means providing evidence across four categories that Home Affairs assesses: financial aspects of the relationship, the nature of the household, social aspects, and the commitment of each party to the other.

Married couples who are in Australia at lodgement apply for the 820/801 pathway. Married couples who are outside Australia at lodgement apply for the 309/100 pathway. In both cases, the temporary visa is typically granted first, and the permanent visa is considered approximately two years after the original application date, provided the relationship is still ongoing at that point.

De Facto Couples: The 12-Month Requirement

De facto partners are eligible for the same visa subclasses as married couples — 820/801 if applying onshore, 309/100 if applying offshore. The critical difference is an additional eligibility threshold: before lodging, a de facto couple must generally have been living together in a genuine de facto relationship for at least 12 months immediately before the application date.

There are two recognised exceptions to the 12-month rule.

The first is a registered relationship. Several Australian states and territories maintain official registers for de facto relationships. A registration on a prescribed register under state or territory law satisfies the de facto requirement regardless of how long the couple has lived together. Registries currently operating in Queensland, Victoria, Tasmania, the Australian Capital Territory and elsewhere each issue certificates that immigration authorities accept. The register must be one prescribed under the migration regulations — not every state has an equivalent scheme, so confirming your jurisdiction is worthwhile.

The second exception covers compelling circumstances affecting the interests of a child of the relationship. If you and your de facto partner have a child together, or your partner's dependent child is involved, you may be able to apply before the 12 months have elapsed. Other circumstances can also be raised, but they face a high threshold and require careful documentation.

Even where the 12-month period is satisfied (or waived), the couple must still demonstrate a genuine and continuing relationship across the same four evidence categories that apply to married couples.

Prospective Marriage (Fiancé) Visa: Subclass 300

The subclass 300 Prospective Marriage visa is for couples who are engaged but have not yet married. It operates as an entry visa: the applicant must be outside Australia when they apply and when the visa is granted, then travel to Australia to marry their sponsor.

Once in Australia on the 300 visa, the couple must marry before the visa expires. The 300 visa is typically granted with a validity of around nine to fifteen months — enough time to finalise wedding arrangements and lodge the follow-on application. Marriage must occur during this period; if it does not, the visa expires and the holder must depart.

After the wedding, the holder of a 300 visa who wishes to remain in Australia applies for the onshore partner visa, subclass 820/801. Importantly, this 820 application must be lodged before the 300 visa expires. Doing so within the validity period attracts a significantly reduced second-application charge; missing the deadline means paying the full application charge again at the rate applicable to a fresh lodgement.

The subclass 300 is therefore a two-application pathway: first the 300 to enter and marry, then the 820 to obtain temporary and eventually permanent residence. Couples who are already married at the point of application should not apply for the 300; that visa is reserved for those whose marriage has not yet taken place.

One further point: the 300 is only available to applicants who are offshore at the time of lodgement. There is no equivalent onshore fiancé visa. A couple where the overseas partner is already in Australia on another visa category who then gets engaged will need either to marry before the current visa expires and apply for the 820, or to depart and apply for the 300 from offshore.

Side-by-Side Comparison: Which Visa Applies?

The following comparison covers the three main scenarios.

Scenario 1 — Already married, partner living in Australia (onshore): Apply for subclass 820 (temporary), which leads to subclass 801 (permanent) approximately two years after lodgement. No minimum marriage duration required. Evidence of a genuine and continuing marriage is the primary requirement.

Scenario 2 — De facto relationship, partner living in Australia (onshore): Apply for subclass 820 (temporary), which leads to subclass 801 (permanent). Must show 12 months of cohabitation immediately before lodgement, unless the relationship is registered under a state or territory register prescribed by the regulations, or unless compelling circumstances involving a child apply.

Scenario 3 — Engaged (not yet married), applicant currently offshore: Apply for subclass 300 (Prospective Marriage) from outside Australia. Travel to Australia on the 300 visa, marry within the visa validity period, then lodge the subclass 820 before the 300 expires to gain temporary residence leading to permanent.

For married and de facto couples who are both offshore at lodgement, the onshore pathway (820/801) is replaced by the offshore pathway (309/100), but the relationship status rules and evidence requirements are the same.

All three pathways ultimately lead to permanent residence, but the number of applications required, the evidence threshold, and the visa charges differ across them.

Visa Application Charges

All three pathways involve a government visa application charge payable at lodgement. The partner visa (subclasses 820/801 and 309/100) carries a single application charge that covers both the temporary and permanent stages — you pay once when lodging the first stage, and the second stage is included.

Current as at 1 July 2026, the base application charge for the partner visa pathway is AUD 11,710 for the main applicant, plus AUD 5,860 per additional applicant aged 18 or over and AUD 2,935 per child under 18. That single charge covers the whole journey — the temporary 820 or 309 stage carries no separate charge of its own. These charges are indexed each financial year on 1 July, so the figure at the time you lodge may differ from earlier published amounts. The official Home Affairs visa pricing estimator at immi.homeaffairs.gov.au is the most reliable source for the current figure at any given time.

For the prospective marriage pathway, the subclass 300 carries its own separate application charge. The subsequent subclass 820 application, if lodged before the 300 visa expires, attracts a reduced charge rather than the full partner visa charge. If the 820 is lodged after the 300 has expired, the full partner visa charge applies again.

All partner visa application charges are non-refundable regardless of outcome. Health examinations, police certificates and professional fees for a registered migration agent are separate costs not included in the government charge.

Choosing the Right Pathway and Getting Help

The choice of pathway is determined by the couple's relationship status at the time of lodgement and by the location of the applicant. Married couples and de facto couples go to the same subclass, but the evidence requirements differ. Engaged couples who have not yet married need the subclass 300 before they can move to the 820.

Mistakes in pathway selection can be costly — a wrongly lodged application is not automatically refunded, and the time spent waiting on an ineligible application is time lost. Where a de facto couple is close to but not yet at 12 months, for example, it is worth considering whether to wait and lodge correctly rather than attempt an exception argument without strong grounds.

A MARA-registered migration agent can assess your specific situation against the current migration regulations and advise on which pathway applies, what evidence is needed, and how to present your case. You can compare partner-visa agents who work with your visa subclass at Migratio.

For the most current eligibility requirements, visit the official Home Affairs partner visa pages for subclasses 820/801, 309/100 and 300.

Do married couples and de facto couples apply for different visa subclasses?

No. Both married couples and de facto couples apply for the same subclasses — 820/801 if applying onshore or 309/100 if applying offshore. The difference is the evidence required: married couples need a valid marriage certificate; de facto couples must additionally show at least 12 months of cohabitation immediately before lodgement, unless a registered relationship or compelling circumstances apply.

What is the 12-month rule for de facto partner visas, and are there exceptions?

De facto applicants must generally show they have lived together in a genuine relationship for at least 12 months immediately before lodging the visa. There are two main exceptions: (1) the relationship is registered under a state or territory register prescribed under the migration regulations, or (2) compelling circumstances exist relating to a child of the relationship. Even where an exception applies, the couple must still demonstrate a genuine and continuing relationship.

Can an engaged couple apply for a partner visa before they get married?

Yes, but through a separate visa — the subclass 300 Prospective Marriage visa. The applicant must be offshore at the time of application and when the visa is granted. After entering Australia on the 300, the couple must marry within the visa's validity period (typically nine to fifteen months), then lodge a subclass 820 application before the 300 expires.

What happens if a subclass 300 holder does not marry within the visa validity period?

If marriage does not occur before the subclass 300 expires, the visa lapses and the holder must leave Australia. The 300 visa cannot be extended. The couple would then need to reassess their pathway — for example, by marrying and applying for the offshore 309 visa, or by travelling to Australia on another visa, marrying, and then applying for the 820 if eligible.

Which partner visa pathway leads to permanent residence, and how long does it take?

All three pathways — 820/801, 309/100, and 300 followed by 820/801 — ultimately lead to a permanent partner visa. The temporary stage (820 or 309) is usually granted first, with the permanent stage (801 or 100) considered approximately two years after the original application date, provided the relationship is still genuine and ongoing. Processing times vary and are published on the Home Affairs website.