If you’re planning to build your future in Australia with your partner, choosing the right visa pathway is one of the first and most important decisions you’ll make.
Many applicants are confused by the different visa subclasses – 820, 801, 309, 100 and 300. While they all fall under Australia’s partner migration program, each visa is designed for different circumstances depending on where you are applying from and your relationship status.
This guide explains the key differences to help you understand which option may be the most suitable for your situation.
1. Partner Visa (Subclass 820/801) – Applying from Inside Australia
The Partner Visa (Subclass 820) is a temporary visa that allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to remain in Australia while their permanent Partner Visa (Subclass 801) is processed.
In most cases, applicants submit one application that is assessed in two stages:
- Subclass 820 – Temporary Partner Visa
- Subclass 801 – Permanent Partner Visa
To apply for this pathway, you must generally be in Australia when you lodge your application.
This pathway may suit you if:
- You are currently in Australia.
- You are legally married or in a genuine de facto relationship.
- You intend to continue living together in Australia.
2. Partner Visa (Subclass 309/100) – Applying from Outside Australia
The Partner Visa (Subclass 309) is the offshore equivalent of the 820 visa.
It allows eligible applicants outside Australia to enter and live in Australia temporarily while waiting for their permanent Partner Visa (Subclass 100).
Like the onshore pathway, this is generally a two-stage process:
- Subclass 309 – Temporary Partner Visa
- Subclass 100 – Permanent Partner Visa
The key difference is where the application is lodged.
This pathway may suit you if:
- You are outside Australia when applying.
- You are married or in a genuine de facto relationship.
- You plan to migrate to Australia to live with your partner.
3. Prospective Marriage Visa (Subclass 300)
The Prospective Marriage Visa (Subclass 300), commonly known as the Fiancé Visa, is designed for couples who are engaged but not yet married.
This visa allows you to travel to Australia, marry your sponsoring partner, and then apply for an onshore Partner Visa (Subclass 820/801).
This pathway may suit you if:
- You are outside Australia.
- You are engaged to an Australian citizen, permanent resident or eligible New Zealand citizen.
- You genuinely intend to marry after arriving in Australia.
Unlike the Partner Visa, the Subclass 300 is intended for couples who have not yet married before the visa application.
4. Quick Comparison
| Visa | Apply From | Relationship Status | Next Step |
| 820/801 | Inside Australia | Married or de facto | 820 → 801 Permanent Visa |
| 309/100 | Outside Australia | Married or de facto | 309 → 100 Permanent Visa |
| 300 | Outside Australia | Engaged | Marry in Australia, then apply for 820/801 |
5. Is Being Married Enough?
Not necessarily.
One of the most common misconceptions is that a marriage certificate automatically guarantees a Partner Visa.
The Department of Home Affairs assesses whether your relationship is genuine and continuing, not simply whether you are legally married.
Applicants are generally expected to provide evidence across several aspects of their relationship, including:
- Financial arrangements
- Nature of the household
- Social recognition of the relationship
- Commitment to a shared future
The stronger and more consistent your evidence, the smoother the assessment process is likely to be.
6. Can De Facto Partners Apply?
Yes.
Australia recognises both married couples and de facto partners under the Partner Visa program.
For most de facto Partner Visa applications, applicants are generally expected to have been in a genuine de facto relationship for at least 12 months immediately before lodging the application.
If you have not been in a de facto relationship for 12 months, you may still be eligible in certain circumstances, such as where your relationship has been officially registered under an Australian state or territory relationship register, provided all other eligibility requirements are met.
As with married couples, de facto applicants must demonstrate that their relationship is genuine and continuing. Evidence may include financial arrangements, shared living arrangements, social recognition, and commitment to a shared future.
Preparing comprehensive relationship evidence is especially important for de facto applicants.
7. How Long Does a Partner Visa Take?
Processing times vary depending on factors such as:
- The completeness of your application
- The quality of your supporting documents
- Individual circumstances
- Current processing volumes
The Department of Home Affairs publishes regularly updated global processing times on its website. These timeframes are intended as a guide only and may change over time.
Rather than focusing solely on processing times, applicants should prioritise submitting a well-prepared application with clear and consistent supporting evidence.
8. Which Visa Is Right for You?
As a general guide:
- Choose the 820/801 pathway if you are already in Australia and are married or in a de facto relationship.
- Choose the 309/100 pathway if you are outside Australia and are married or in a de facto relationship.
- Consider the Subclass 300 Visa if you are outside Australia, engaged, and planning to marry your Australian partner after arriving.
Every relationship is unique, and factors such as previous visa history, periods of living apart, children, or complex personal circumstances may influence the most appropriate visa strategy.
Final Thoughts
Choosing the right Australian Partner Visa is about much more than selecting the correct visa subclass. Your relationship history, your current location, and your long-term plans all play an important role in determining the most suitable pathway.
Whether you’re considering the 820/801, 309/100 or Prospective Marriage Visa (Subclass 300), understanding the requirements from the beginning can help you prepare a stronger application and avoid unnecessary delays.
If you’re unsure which Partner Visa best suits your circumstances, seeking professional migration advice before lodging your application can help you make informed decisions and navigate the process with greater confidence.