Partner Visa Application Roadmap: Onshore (820/801) and Offshore (309/100)

Stage 1: Relationship Foundation (Pre-Application)

Before lodging, the relationship must be substantial enough to satisfy partner visa requirements: (1) De facto requires 12 months of cohabitation evidence (with limited exceptions for registered relationships in states that recognise them); (2) Married applicants don't have a minimum relationship length but the marriage must be genuine, not for visa purposes; (3) Both partners must be 18+ at lodgement; (4) The Australian sponsor must be a citizen, permanent resident, or eligible NZ citizen. During relationship building: (1) Maintain financial co-mingling — joint accounts, shared bills, joint financial planning. Document at increasing depth over time; (2) Social evidence — be open about the relationship to family/friends, photographs at events with dates, joint travel records, social media references; (3) Household evidence — utility bills in both names where possible, joint lease or property, shared household purchases; (4) Commitment evidence — wills naming each other, joint insurance beneficiaries, future planning evidence (joint property, joint children intent). The strongest applications have evidence across all four pillars (financial, social, household, commitment) over multiple years.

Stage 2: Application Lodgement

Choose onshore or offshore: (1) Onshore (Subclass 820/801) — applicant in Australia at lodgement. Bridging visa keeps applicant in Australia during processing. Schedule 3 considerations apply if not on substantive visa at lodgement; (2) Offshore (Subclass 309/100) — applicant outside Australia at lodgement and during initial processing. No bridging visa; applicant typically remains outside Australia. Travel as visitor possible during processing. Avoid Schedule 3 issue. Application includes: (1) Form 47SP (applicant) and Form 40SP (sponsor); (2) Identity, character, health documentation; (3) Comprehensive relationship evidence — typically 100+ pages of evidence including statutory declarations, photos, financial records, witness statements; (4) Sponsor undertaking and limit on sponsorship; (5) Application fee — currently around AUD 9,095 for first stage. Total realistic budget for partner visa application: AUD 12,000-18,000 including fees, medical, police clearances, translations, and migration agent if engaged.

Stage 3: First-Stage Processing

After lodgement: (1) Application acknowledged within weeks; (2) Department may request additional information at any time — respond promptly; (3) Initial 'temporary' visa decision (820 or 309) typically 12-30 months; (4) During processing, continue to build relationship evidence — the second stage 801/100 application uses cumulative evidence; (5) Onshore applicants on bridging visa with full work rights; (6) Offshore applicants typically remain offshore (travel as visitor possible). Common issues during processing: (1) Department concerns about relationship genuineness — typically resolved with additional evidence; (2) Schedule 3 issues for onshore applicants without substantive visa — addressed through Schedule 3 waiver submission; (3) Sponsor's character or sponsorship history issues; (4) Applicant's health or character issues. If first stage refused: ART review within about 28 days (onshore) — typically reviewable. Refusal of partner visa is one of the more recoverable visa refusals because evidence can be built during the review period.

Stage 4: First-Stage Grant and Second Stage

On first-stage grant: (1) Subclass 820 (onshore) or 309 (offshore) granted — temporary partner visa with full work rights; (2) Visa valid until second-stage decision; (3) Continue relationship documentation — cumulative evidence over years. After approximately 2 years from initial lodgement (or sometimes sooner if relationship is long-standing): (1) Eligible to be considered for the permanent stage — Subclass 801 (onshore) or Subclass 100 (offshore); (2) Submit additional evidence demonstrating continued genuine relationship since first-stage grant; (3) Department reviews and decides permanent visa. Common scenarios: (1) Standard 2-year wait then permanent grant — most common path; (2) Relationship ends due to family violence — family violence provisions may allow permanent grant; (3) Sponsor dies during first-stage — limited provisions exist for continuation in compelling circumstances; (4) Relationship genuinely ends — visa is at risk; (5) Long-standing relationship (typically 3+ years at lodgement, or 2+ years with child) can shorten the 2-year wait. Permanent visa application requires evidence the relationship has continued since the first stage.

Stage 5: Permanent Grant and Beyond

On second-stage (801/100) grant: (1) Full permanent residence — no further partner visa application needed; (2) No employer or occupation restriction; (3) Access to Medicare and full Australian services; (4) Sponsor family members for visas; (5) Build toward citizenship — 4-year residence requirement including 12 months PR. Total typical timeline from first lodgement to permanent grant: 3-4 years. Strategic considerations for the journey: (1) Document everything cumulatively from initial relationship — evidence from years 1-2 supports years 5-6 in cumulative narrative; (2) The relationship must be genuine and continuing — partner visa cannot survive genuine separation (with limited exceptions); (3) The pathway is independent of points, occupation, or English — only the relationship matters; (4) Cost across full pathway is meaningful but typically below skilled visa total costs; (5) The two-stage structure provides flexibility — if relationship ends in family violence circumstances, the family violence provisions enable continuation; if it ends in genuine breakdown without violence, the visa typically cannot continue. Migratio is Australia's marketplace for finding and comparing MARA-registered migration agents. Migratio matches applicants with MARA-registered agents who specialise in partner visa applications across the two stages. Submit your brief describing the relationship history, current status, and any complicating factors.

How long should I document relationship before lodging?

12 months minimum for de facto (with cohabitation evidence). For married applicants, document from relationship start. The cumulative depth of evidence matters more than the minimum time. Many strong applications have 2-3+ years of documented relationship at lodgement.

Can I lodge while my partner and I live apart?

Generally requires cohabitation evidence. Periods of forced separation (work, study, immigration) with maintained relationship can be acceptable but require explanation. Pure long-distance relationship without cohabitation rarely meets de facto requirements.

What's the difference between 820/801 and 309/100?

820 is the onshore temporary partner visa; 801 is the onshore permanent. 309 is the offshore temporary partner visa; 100 is the offshore permanent. Same two-stage structure, different lodgement location. Onshore allows applicant to be in Australia during processing on bridging visa; offshore typically requires applicant to remain outside Australia.

Can same-sex couples apply for partner visa?

Yes — Australian partner visa applies equally to same-sex relationships. Marriage equality has been in place since 2017. Same-sex de facto relationships are equally recognised. Evidence requirements are identical.

What if my partner becomes my fiancé/fiancée during processing?

Engagement during partner visa processing is fine and shows commitment evidence. Marriage during processing is also fine. The application doesn't need to change visa subclass — it's still partner visa if both spouse and de facto pathways apply.