Australia Partner Visa (Subclass 820/801 & 309/100) Guide 2026

2026 Information Notice: This guide is based on official published information from the Australian Department of Home Affairs and relevant government bodies. Visa requirements, application fees, and statutory thresholds change periodically; applicants should verify current requirements on primary government portals before applying.

Comprehensive Statutory Overview

The Australia Partner Visa pathway enables married spouses and de facto partners of Australian Citizens, Permanent Residents, or eligible New Zealand Citizens to obtain permanent residency in Australia. Administered by the Department of Home Affairs under the Migration Act 1958, the application operates as a combined 2-stage process covering Stage 1 Temporary (Subclass 820 Onshore / Subclass 309 Offshore) and Stage 2 Permanent (Subclass 801 Onshore / Subclass 100 Offshore). Primary application charges start from AUD $9,095 for standard applicants (with a reduced fee of AUD $1,955 for holders of a Prospective Marriage visa). Onshore applicants receive immediate eligibility for Medicare public healthcare and a Bridging Visa with work authorization. De facto applicants must demonstrate 12 months cohabitation, or register their relationship with an Australian state registry to waive the 12-month requirement.

4 Pillars of Relationship Proof & De Facto Registration

2-Stage Visa Process

Combined Temporary & Permanent Latching

Lodge a single combined application for Stage 1 Temporary (Subclass 820/309) and Stage 2 Permanent (Subclass 801/100). Stage 2 PR evaluation occurs 2 years after initial application.

AUD $9,095 Primary Fee

Subclass 820/801 Primary Application Fee

The primary applicant charge starts from AUD $9,095 for the combined Stage 1 and Stage 2 application (AUD $1,955 for Prospective Marriage visa holders). Verify with the Visa Pricing Estimator.

12-Month De Facto Cohabitation

De Facto Relationship Evidence Rule

De facto couples must prove 12 months of continuous shared living prior to application, OR officially register their relationship with an Australian state relationship registry.

4 Pillars of Relationship Proof

Evidentiary Assessment Pillars

Home Affairs evaluates: 1) Financial aspects (joint bank accounts, shared leases), 2) Nature of household (shared domestic duties), 3) Social context (joint travel, photos with family), and 4) Mutual commitment.

Immediate Medicare Rights

Public Healthcare Access Upon Onshore Filing

Lodging an Onshore Subclass 820 Partner Visa grants immediate eligibility to register for Australia's free public healthcare system (Medicare).

Long-Term Relationship Exemption

Direct Immediate Permanent Residency Grant

Couples together for 3+ years (or 2+ years with a joint child) qualify for immediate Stage 2 Permanent Partner Visa (Subclass 801/100) grant without the 2-year waiting period.

Stage 1 Temporary to Stage 2 Permanent Partner PR Rules

Onshore vs Offshore: Subclass 820/801 is applied for INSIDE Australia; Subclass 309/100 is applied for OUTSIDE Australia.
Bridging Visa A (BVA): Applying onshore grants a BVA with full unrestricted work and study rights taking effect upon current visa expiry.
State Relationship Registration: Registering a relationship in NSW, VIC, QLD, SA, TAS, or ACT legally waives the 12-month de facto cohabitation requirement.
Form 888 Witness Statements: Must provide at least two Form 888 statutory declarations from Australian Citizen or PR friends/family attesting to the genuine relationship.
Sponsor Character Clearance: Sponsoring partners must submit Australian Federal Police (AFP) and foreign police clearances for character vetting.
Relationship Breakdown Exceptions: If the relationship ends due to family violence or death of the sponsor, the applicant can still qualify for permanent residency under special provisions.
Prospective Marriage Visa (Subclass 300): Fiancé visa allowing 9 to 15 months to enter Australia, marry an Australian sponsor, and apply for Subclass 820/801.
Work and Study Rights: Stage 1 temporary partner visa holders enjoy 100% full work and study authorization in Australia.
Stage 2 Document Request: Two years after lodging, Home Affairs requests updated Stage 2 statutory declarations and joint evidence to issue the Subclass 801/100 PR visa.
No English Test Required: Partner Visas do NOT require a formal English language proficiency exam.

Frequently Asked Questions (Home Affairs FAQs)

The Department of Home Affairs primary applicant fee starts from AUD $9,095 for standard combined Stage 1 and Stage 2 applications (or AUD $1,955 for Prospective Marriage visa holders).

Subclass 820 is the Stage 1 Temporary Partner Visa. Subclass 801 is the Stage 2 Permanent Residence Partner Visa granted 2 years after application.

De facto couples must demonstrate 12 months of continuous shared living (cohabitation) UNLESS they officially register their relationship with an Australian state registry.

Registering your de facto relationship under state law (in NSW, Victoria, Queensland, SA, Tasmania, or ACT) legally waives the 12-month cohabitation requirement for Home Affairs.

Yes! Once you lodge your Onshore Subclass 820 Partner Visa application, you can immediately register for Medicare healthcare coverage.

The 4 pillars are: 1) Financial evidence (joint accounts/loans), 2) Household evidence (joint lease/bills), 3) Social evidence (photos with friends/family, joint travel), and 4) Commitment evidence.

Yes. Lodging an onshore application grants a Bridging Visa A (BVA) with full, unrestricted work rights in Australia.

Processing times vary: Stage 1 Subclass 820/309 takes 12 to 24 months. Stage 2 Subclass 801/100 takes 6 to 12 months.

Form 888 is a statutory declaration completed by an Australian Citizen or Permanent Resident who knows the couple and confirms their relationship is genuine and continuing.

Yes! If you have been in a relationship for 3+ years (or 2+ years with a joint child), Home Affairs can grant the Stage 2 Permanent Visa (Subclass 801/100) immediately without the 2-year waiting period.

Partner Visa Fees, Medicare & Cohabitation Rules

Primary Application Fee (VAC)

AUD $9,095

De Facto Cohabitation Rule

12 Months (Waived via State Reg)

Visa Stage Structure

2-Stage (Stage 1 Temp / Stage 2 PR)

Onshore Medicare Access

Immediate Grant Upon Filing

English Requirement

Zero English Exam Required

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