Partner visa help: subclasses 820/801, 309/100 and 300
VisaShape helps couples prepare Partner visa applications from Melbourne: in Australia (subclasses 820 and 801), from overseas (subclasses 309 and 100) or before marrying (Prospective Marriage visa, subclass 300). Registered Migration Agent Hasti Lesani advises applicants and sponsors in English and Persian.
Which Partner visa fits your situation?
Each is for the partner or prospective spouse of an Australian citizen, permanent resident or eligible New Zealand citizen, and where you are when you apply matters:
- Subclasses 820 and 801: you apply in Australia, and can be in or outside Australia when the temporary visa is decided.
- Subclasses 309 and 100: you apply outside Australia and can be in or outside Australia when it is decided, but do not arrange travel on it until you are told in writing that it has been granted.
- Subclass 300: you apply outside Australia, can be in or outside Australia when it is decided, and must have met your prospective spouse in person as adults (since turning 18). If you marry before it is decided, you are no longer eligible for it. It allows a stay of 9 to 15 months from grant; you must marry before it ends, then apply in Australia for subclasses 820 and 801 while it is still valid.
Who can sponsor you?
Your sponsor is usually your partner and must be approved by Home Affairs. Sponsors must be 18 or older and an Australian citizen, permanent resident or eligible New Zealand citizen; permanent residents and New Zealand citizens must show they usually live in Australia. Sponsors usually apply after you lodge, using your Transaction Reference Number (TRN).
- Most sponsors must meet character requirements, including police certificates and written consent to disclose relevant convictions to you.
- Home Affairs may refuse a third Partner or Prospective Marriage sponsorship, or one where the sponsor sponsored or was sponsored as a partner in the last 5 years. It may still be accepted in some cases, such as a dependent child together or a longstanding relationship.
- For subclasses 820 and 309, the sponsor must assist you financially and with accommodation, and you cannot change sponsors.
Married or de facto: what does Home Affairs require?
A spouse is in a married relationship and shows the marriage is valid in Australia; a de facto partner is in a de facto relationship. De facto applicants must be 18 or older when they apply, as must married applicants in most cases.
Usually you must be in a de facto relationship for at least 12 months immediately before you apply, and time spent dating or in an online relationship might not count. The 12-month requirement does not apply if:
- you have registered your relationship with an Australian state or territory authority, such as a registry of births, deaths and marriages
- you can show that compelling and compassionate circumstances exist for the visa to be granted
- your partner holds or held a permanent humanitarian visa, your relationship existed before it was granted, and your partner told Home Affairs about it before the grant
- your partner is an applicant for a permanent humanitarian visa
What evidence shows a genuine and continuing relationship?
Write a relationship history: how, when and where you met, how it developed, time apart, significant events and future plans. Then give evidence in four areas and keep it updated in ImmiAccount.
- Finances: joint leases or mortgages, joint loans and bank accounts, and bills in both names.
- Household: how you share housework, mail addressed to you both, joint responsibility for children and living arrangements.
- Social matters: Form 888 statements from 2 witnesses aged 18 or older who know you both and your relationship, plus shared friends, joint invitations and travel together.
- Commitment: knowing each other's background and family, combined personal matters and staying in touch when apart.
How does the two-stage process work?
You apply for the temporary and permanent visas together, and the fee paid then covers both. Check current fees and processing times on the Home Affairs website.
Stage 1 is the temporary visa (subclass 820 or 309), which lets you live, work and study in Australia. Stage 2 is the permanent visa (subclass 801 or 100). You can be assessed for it 2 years after you applied; do not send stage 2 documents before then. In most cases you must still be the partner of the same sponsor, and you can be in or outside Australia when it is decided. It may be granted sooner if you were already in a long-term relationship when you applied.
How can VisaShape help applicants and sponsors?
Home Affairs only lets certain people give you immigration assistance, and registered migration agents are one of them. VisaShape can help you:
- choose the right subclass and time to apply
- check sponsor eligibility and sponsorship limits early
- plan your relationship statements and evidence
- review documents and translations before you lodge
Frequently asked questions
Can I apply for a Partner visa in Australia on a visitor visa?
It depends on your visa. If your current or previous visa has a no further stay condition, such as 8503, a waiver must be approved before you apply. Without a substantive visa, additional criteria apply, and your sponsor's form and at least two statutory declarations must be included when you lodge, or the application may be invalid.
Can I take another visa while waiting for the permanent stage?
The permanent visa requires you to hold the temporary Partner visa (subclass 820 or 309) or a Dependent Child visa (subclass 445). Being granted any other visa ends your eligibility for it.
What happens if our relationship ends?
Tell Home Affairs. You may still be eligible if the relationship ends or your partner dies, and Home Affairs may be able to help if you are experiencing domestic and family violence.
Do our Persian documents need to be translated or certified?
Documents not in English must be translated, and you provide both the original and the translation. Documents do not need to be certified.
Ready to take the next step?
Complete our free visa assessment form or book a consultation with Hasti Lesani, Registered Migration Agent, MARN 2518905.
Related services
Visa refusals and appeals
Help after a visa refusal or cancellation, including applications for review at the Administrative Review Tribunal (ART).
Skilled migration (189/190/491)
Skills assessment, SkillSelect EOI, points test and state nomination for the 189, 190 and 491 visas, plus the 191 pathway.
Persian-speaking migration agent
Consultations in Persian (Farsi) with a Registered Migration Agent in Melbourne, in person or online, wherever you live.
Sources
Visa rules, fees and processing times change. Always check the current information on the Department of Home Affairs website.
- Partner visa (temporary) (subclass 820), Department of Home Affairs
- Partner visa (permanent) (subclass 801), Department of Home Affairs
- Partner (Provisional) visa (subclass 309), Department of Home Affairs
- Partner (Migrant) visa (subclass 100), Department of Home Affairs
- Prospective Marriage visa (subclass 300), Department of Home Affairs
This page provides general information only. It is not immigration advice for your individual circumstances, and no visa outcome can ever be promised. This is the practice of Hasti Lesani, Registered Migration Agent, MARN 2518905.
Last reviewed 17 September 2026