Partner visa subclass 820 or 309 (First Stage)

Criteria | Conditions & Duration | Dependents | Processing Time | Cost | FAQ

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.

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 Immigration 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

• Sub-Class 309, for offshore applicants, allows you to travel to Australia and live with your partner
• Sub-Class 820, for onshore applicants, allows you to remain in Australia with your partner, including throughout the application process.

Both Subclass 820 and subclass 309 visa 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 from 2 years since submitting their subclass 820 and/or  subclass 309 visa application.

Can I Include Dependants on My Partner Visa Application?

Yes, it is possible to include dependants on a partner visa application, subject to the dependents meeting secondary applicant’s requirements, 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 Immigration decides your permanent Partner visa (subclass 801)
• study in Australia
• travel to and from Australia as many times as you want
• attend up to 510 hours of free English language classes provided by the Adult Migrant English Program
• enrol in Australia’s public health care scheme, Medicare

Processing Time

It varies greatly. Please review the Department of Home Affairs current global processing time at https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-820 & https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore/provisional-309

FAQ

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 finalization.

Processing of all partner visas have been given priority during the 2021-2022 financial year and we’re seeing quick turnaround times for decision ready applications.

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/or Subclass 309 visa holders would be eligible to submit their second stage partner visa application towards their permanent residency from 2 years since they submit their provisional partner visa.