Answers to Your Partner Visa Questions

If you’ve spent any time researching Australian partner visas, you’ve probably noticed something quickly: the system is more layered than it first appears. At Easy Aussie Migration, we receive partner visa questions every day, and many of the same questions come up repeatedly, from people at very different stages of their journey.

This blog is our attempt to answer those questions honestly, clearly, and without the kind of vague, hedged language that leaves you more confused than when you started 

Important disclaimer: This article is general information only and does not constitute migration or legal advice. Every case is different, and you should consult a registered migration agent or lawyer before making any visa decisions.

First, Let’s Clear Up the Structure : How Partner Visa Actually Work

Before diving into questions, it helps to understand how partner visas actually work, because the subclass numbers confuse a lot of people.

Australian partner visas come in two streams:

When you apply, you lodge one application that covers both stages. You don’t apply separately for permanence; it’s assessed automatically once enough time has passed, and the relationship remains genuine and ongoing.

Now, let’s get into the questions.

The Most Common Questions We Receive for Partner Visas 

1. “What’s the difference between the 820 and the 309? Which one should I apply for?”

This is the most fundamental question we receive, and the answer comes down to where you are physically located when you lodge your application.

➡️If you are in Australia on a valid substantive visa when you apply, you lodge the Subclass 820 (onshore). This also grants you a bridging visa that allows you to remain lawfully in Australia while your application is being processed, which can take substantial time.

➡️If you are outside Australia when you apply, you lodge a Subclass 309 (offshore) application. You will generally need to remain offshore until a decision is made on the temporary stage, unless you are granted a visitor visa to travel in the meantime.

One critical point people miss: you cannot simply choose which one suits you better. The rules are strict about where you must be at the time of application. If you’re onshore but try to lodge offshore to avoid waiting in Australia, or vice versa, you’re likely to run into serious problems.

There is also an important exception to the 820: if you are onshore but on a bridging visa when you apply, the eligibility rules become more technical, and you should seek professional advice before lodging your application.

2.   “How long does partner visa processing take?”

Bluntly: a substantial time in most applications, and the Department of Home Affairs (DHA) processing times are not guaranteed; they are estimates based on current workloads, and they change frequently.

As a general guide (always check the DHA website for current timeline figures):

➡️309/820 applications have been taking anywhere from 12 months to over 2 years in recent years for the temporary stage decision

➡️801/100 (permanent stage) is typically assessed around the 2-year mark from the original application date, provided you meet the requirements

The subclass 300 (Prospective Marriage Visa) has its own processing timeline, generally somewhat shorter, but the overall journey to permanence still takes years when you factor in the subsequent 820/801 pathway.

Processing times are not negotiable in most circumstances. There is no premium processing queue for partner visas. Priority processing is granted only in very limited circumstances, such as compelling and compassionate situations, and is assessed at the Department’s discretion.

3.  “Do we actually need to be married? Can we apply as de facto partners?”

Yes, you absolutely can apply as a de facto couple, provided you meet the requirements. For a de facto relationship to qualify, you generally need to demonstrate:

➡️You have been living together in a genuine, exclusive, committed relationship for at least 12 months immediately before lodging your application

➡️There are some exceptions to the 12-month requirement, including if you are registered as a couple under a prescribed Australian state or territory law, or if there are compelling and compassionate circumstances

The 12-month de facto requirement catches many people off guard. We speak to couples who have been together for years but haven’t been formally living together, perhaps maintaining separate residences for work reasons, which creates a real evidentiary problem. The Department looks at cohabitation seriously.

For married couples, there is no equivalent waiting period. Marriage itself satisfies the relationship-type requirement, though you still need to prove that the relationship is genuine.

Same-sex couples are equally eligible to apply under all partner visa subclasses.

4.   “What evidence do we actually need? How much is enough?”

This is the question where many (do-it-yourself) DIY applications fall apart.

The Department assesses partner visa applications against four categories of evidence, and they expect meaningful evidence across all four:

The critical word is across time. A folder full of photos from one holiday is not compelling. The Department is seeking a consistent, longitudinal view of a genuine relationship.

There is no magic number of documents. What matters is that the evidence tells a coherent story.

We’ve seen applications with hundreds of pages that were weak because everything was superficial, and applications with fewer documents that were compelling because they were well-organised and substantive.

Witness statements from friends and family who can speak to knowing you as a couple carry significant weight when they are genuinely detailed, not just a one-paragraph “I confirm they are a couple” letter.

5. “What is the Subclass 300 Prospective Marriage Visa, and should we use it?”

The Subclass 300, often called the “fiancé visa”, is for people who are:

• Offshore at the time of application
• Engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen
• Genuinely intending to marry within the visa period

If granted, the Subclass 300 is generally valid for 9 months from the date of grant. You must travel to Australia and marry within that period. If you don’t marry in time, the visa ceases, and your options become limited.

After marriage, you then lodge an onshore Subclass 820/801 application from within Australia.

When does the 300 make sense?

The 300 is not always the right choice, and we want to be clear about that. If you are already in a de facto relationship that satisfies the 12-month requirement, the 309/100 offshore route may be more direct and lead to a faster overall outcome.

The 300 is worth considering when:

• You are engaged but have not yet met the de facto cohabitation threshold
• You want to be in Australia legally while you prepare for marriage
• You have genuine reasons for wanting to marry in Australia before applying for the main partner visa

However, bear in mind that choosing the 300 adds a step to the process. You are effectively adding an extra visa stage before you get to the 820/801 assessment. This means more time, more cost, and more documentation overall.

6. “Can I work in Australia while my partner visa is being processed?”

For onshore 820 applicants, when your substantive visa expires, you will generally be placed on a Bridging Visa A (BVA), which typically carries full work rights. This is one of the significant practical advantages of the onshore pathway.

However, the work rights on a bridging visa are not automatic in every case; they depend on the conditions attached to it. If your current visa has a no-work condition, for example, your bridging visa may inherit that restriction. Always check your bridging visa conditions carefully.

For offshore 309 applicants, you are generally not in Australia during processing, so work rights in Australia are not applicable during that period. Once the 309 is granted, you can travel to Australia and work without restriction.

7.  “My sponsor has previously sponsored a partner visa. Does that affect my application?”

Yes, potentially, and significantly.

 The sponsorship rules under Australian migration law are strict. An Australian sponsor can only sponsor two partners in their lifetime, and there must generally be a 5-year gap between sponsorships (with some exceptions).

If your sponsor has previously sponsored a partner visa applicant, you need to establish:

•  Whether a prior approval has been granted
• How long ago was that sponsorship
• Whether a waiver of the 5-year limitation may apply

This is an area where getting the facts wrong can result in an outright refusal or a finding of fraud. Hence, always disclose prior sponsorship history honestly and get advice on how it affects your specific situation.

8.   “We broke up during processing. What happens?”

 This is one of the most difficult questions we deal with, and unfortunately, it’s not uncommon.

➡️If a relationship breaks down after lodging a partner visa application, the outcomes depend heavily on the circumstances:

➡️If the sponsor withdraws their sponsorship, the application will generally be refused

➡️If the relationship ends due to domestic violence against the visa applicant, there are provisions under Australian law that may allow the application to continue. This is a critical protection and should be explored urgently with a professional

➡️If the relationship ends but the visa applicant has already been granted the temporary visa (820 or 309) and is in Australia, the permanent stage (801 or 100) will not be granted without a continuing relationship unless the domestic violence provisions or other limited exceptions apply

➡️The domestic violence provisions are serious legal protections, not loopholes. If you are in this situation, please seek help immediately, both legal and personal.

9.  “Is a de facto relationship from another country recognised?”

 Australia does not require a de facto relationship to have commenced in Australia. A relationship that began and developed overseas can absolutely form the basis of a partner visa application.

What matters is whether the relationship was genuine and whether you meet the applicable requirements, including the 12-month cohabitation period where relevant. Evidence from your home country (tenancy agreements, utilities, bank statements, photos, correspondence) carries the same weight as evidence gathered in Australia.

10. “Can we lodge the application ourselves, or do we need an agent?”

 Legally, you can lodge a partner visa application yourself. There is no requirement to use a registered migration agent or immigration lawyer.

However, partner visa applications are among the most document-intensive and complex visa types in the Australian migration system. The evidentiary requirements are subjective, the rules around eligibility contain exceptions within exceptions, and the consequences of errors, refusal, cancellation, or a finding affecting future applications can be severe and long-lasting.

Whether you engage a professional is your decision, but make it an informed one. In some cases, a very careful DIY approach may work for you.

If there are any complicating factors at all, such as your relationship history is not straightforward, your documentation is not as strong, and you have complicating factors (prior sponsorships, criminal history, health issues, previous visa refusals), professional advice is almost certainly worth the investment relative to the cost of a refusal.

Final Thoughts

The Australian partner visa system is genuinely designed to reunite people with those they love, but it is also a system that takes the integrity of relationships seriously, applies strict evidentiary standards, and operates at its own pace. Understanding the framework before you apply is the single best thing you can do to give your application the strongest possible foundation.

At Easy Aussie Migration, we help couples navigate this process every day. If you have questions about your specific situation, we encourage you to contact us for a consultation.

This article is general information only and does not constitute migration legal advice. Migration law is complex and changes frequently. Please consult a registered migration agent or immigration lawyer regarding your individual circumstances.