Partner visa subclass 820 or 309 (First Stage)
You may be eligible for a partner visa if you are in a relationship with an Australian citizen, Permanent Resident, or eligible New Zealand citizen. You must either be married or be living together in a de-facto relationship.
Applying for a Partner visa subclass 820 or 309 is a two-stage process. However, you apply for the temporary (820 or 309) and permanent Visa (subclass 801 or 100 respectively) at the same time.
Partner visa (temporary) Visa | Subclass 820 / 801
What is the Difference between Australia Partner Visa Subclass 820/801 and 309/100 Visa?
If you are in Australia, you are eligible to apply for Partner Temporary Visa (Subclass 820) and Permanent visa (subclass 801).
If you are outside Australia: Partner Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100).
Visa Criteria for Temporary Partner Visa Subclass 820 and 309
In order to be eligible for a partner visa, you must meet the following criteria:
- Be over 18 years of age
Married applicants must usually, be 18 or older when they apply. This is because usually, you must be 18 or older to be married under Australian law. - Genuine Relationship
You will need to show that you and your partner have a commitment to a shared life together, to the exclusion of all others. You and your partner must live together, or at least not live apart on a permanent basis. The Department of Home Affairs will look at a number of aspects of your relationship, including:- Cohabitation
- Financial Interdependence
- Social aspects of the relationship
- Level of Commitment
- Defacto Relationship – 12 Months Cohabitation
A defacto relationship would require evidence that you have lived with your partner for the last 12 months or if you reside in a state that recognises registration of relationships, you will be exempt from the 12-month cohabitation requirement if you have registered your relationship. If you are married, you do not need to show twelve months of cohabitation but will need to show that you are currently living together. - Health & Character
You will need to provide full health and police checks. If you do have a medical condition, a waiver of the usual health requirements is possible where the cost to the Australian community of treating the condition is not excessive. - Pay your debts to the Australian Government
If you or any family members (including those who don’t apply for the visa with you) owe the Australian government money, you or they must have paid it back or arranged to pay it back.
Visa Conditions and Duration for Partner Visa Subclass 820 and 309
- Subclass 309, for offshore applicants, allows you to travel to Australia and live with your partner
- Subclass 820, for onshore applicants, allows you to remain in Australia with your partner, including throughout the application process.
Both the Subclass 820 and the Subclass 309 visas are valid until a decision is made on the permanent visa application. The Subclass 820 and/or Subclass 309 visa holders would be eligible to submit a permanent visa application 2 years after their subclass 820 or subclass 309 visa application was lodged.
Can I Include Dependants on My Partner Visa Application?
Yes, it is possible to include dependants on a partner visa application, subject to all dependents meeting the requirements for secondary applicants, i.e. to be a dependent child of the primary applicant or a member of the family unit of the primary applicant.
What You Can Do on this Visa
- work and stay in Australia until the Department of Home Affairs decides your permanent Partner visa (subclass 801)
- study in Australia
- travel to and from Australia as many times as you want
- attend free English language classes provided by the Adult Migrant English Program
- enrol in Australia’s public health care scheme, Medicare
Processing Time
The processing time for partner visas vary greatly. Please review the global visa processing times published by the Department of Home Affairs.
FAQs on Partner visa subclass 820 or 309 (First Stage)
Video answers to Partner FAQs
How much is a Partner Visa subclass 820/309?
The Partner Visa fees are usually not refunded if the application is unsuccessful; if you decide to withdraw your application after you have lodged it.
To check the Government visa application charge please access https://www.homeaffairs.gov.au/Trav/Visa/Fees
What happens after you apply for a Temporary Subclass 820 and 309 Visa?
Once a Subclass 820 or Subclass 309 visa is submitted, the applicant will need to wait for a case officer to be allocated for finalisation.
Once the Subclass 820 or Subclass 309 visa is granted, the visa holder is entitled to stay in Australia with multiple entry facilities until a permanent visa is granted.
Subclass 820 and Subclass 309 visa holders are eligible to submit their second stage partner visa application towards their permanent residency from 2 years after they submitted their provisional partner visa.
Tanvir & Dilruba
This couple wanted to settle in Australia together as husband and wife. Fortunately, Migration Downunder were able to assist Tanvir obtain his Subclass 309 Partner (Provisional) visa.
“After a lot of research, we found Migration Downunder. Specifically, Julie’s video explanation on YouTube was very useful in making our final decision. We are very grateful to the entire team. They were reliable throughout the whole process of the visa application. I will forever be grateful to the Migration Downunder team because they helped me to be with the love of my life!”
Would you like to know more about your prospects for a visa?
Eligibility is the most important step in determining whether a person may meet the legal criteria for a visa application and one consultation could save you money.
Before any immigration advice can be provided, we must hold an initial consultation which will attract a fee commencing from $385.
