Partner Visa Australia — 820/801 vs 309/100 Explained for Indians (2026)

The Australian partner visa process is one of the most document-heavy visa applications in the immigration system. Indian couples often find it confusing because there are two parallel pathways — one for couples where one partner is already in Australia, and one for couples applying from overseas.

The Two Partner Visa Pathways

Onshore: Subclass 820 (temporary) → 801 (permanent)

Who applies: Couples where the applicant is already in Australia when they lodge the application.

• The 820 is a temporary partner visa granted while the relationship is assessed
• After 2 years from the original application date, the applicant can be considered for the 801 permanent visa
• If the relationship is well-established and of long duration at application time, permanent residency (801) may be granted directly

Offshore: Subclass 309 (temporary) → 100 (permanent)

Who applies: Couples where the applicant is outside Australia when they lodge the application.

• The 309 is a temporary partner visa; the 100 permanent visa follows after the 2-year assessment period
• The applicant must be outside Australia when the 309 is decided

Important: You cannot switch between onshore and offshore pathways after lodgement. Apply in the correct pathway based on where you are when you lodge.

Who Sponsors the Partner Visa?

The sponsor is the Australian citizen, PR holder, or eligible NZ citizen in the relationship. The sponsor must:

• Be an Australian citizen, PR holder, or eligible NZ citizen
• Be 18 years or older
• Not have previously sponsored more than one partner (or have compelling reasons if so)
• Not have been sponsored as a partner themselves in the last 5 years

What Is a "Partner" in Australian Immigration Law?

Married spouse: Legally married under Australian law or a recognised overseas marriage. Indian marriages registered under the Hindu Marriage Act, Special Marriage Act, or other applicable acts are generally recognised.

De facto partner: In a genuine, continuing de facto (live-in) relationship for at least 12 months before applying. Same-sex couples are equally eligible.

What Evidence Do You Need?

Home Affairs requires evidence across four categories:

1. Financial aspects of the relationship

• Joint bank accounts or financial statements showing shared finances
• Joint property ownership or shared lease/rental agreement
• Joint loan documents
• Joint insurance policies

2. Nature of the household

• Evidence of living together (joint lease, shared utility bills, mail at same address)
• Statutory declarations from people who know you live together
• Photos of your shared home

3. Social aspects of the relationship

• Evidence the relationship is known to family and friends
• Wedding photos, invitation cards, function photographs
• Statutory declarations from family members and friends who know the couple
• Evidence of attending social events together

4. Commitment to each other

• Evidence of future plans together (property purchase, children, shared accounts)
• Evidence of time spent together (travel records, photographs)
• Knowledge of each other's personal circumstances
• Long-distance communication records if you were apart at any stage

Tip for Indian couples: Indian wedding documentation — invitation cards, ceremony photos, priest certificates, family photos — is powerful evidence of commitment and social recognition. Include all of it.

Processing Times in 2026

Stage	Typical timeline
820/309 temporary grant	12–24 months from lodgement
801/100 permanent grant	24–36 months from original lodgement

Can the Applicant Work While Waiting?

820 (onshore): Yes — once the 820 temporary visa is granted, you have full work rights in Australia.

309 (offshore): Once the 309 is granted, you can travel to Australia and work. While waiting for the 309 offshore, work rights depend on your current visa status.

Visa Costs

Partner visa fees are among the highest in the Australian visa system. Verify current fees at immi.homeaffairs.gov.au.

Use the Visa Fee Calculator to see the current cost: → Visa Fee Calculator

Common Mistakes Indian Applicants Make

Not enough financial evidence: Many Indian couples, especially in arranged marriages, have limited joint financial history early in the marriage. Start building joint financial evidence as early as possible.

Insufficient statutory declarations: These must be from people who genuinely know the couple. Specific, detailed declarations from family and close friends who can describe the relationship carry far more weight than generic ones.

Applying in the wrong pathway: If you are in Australia, apply onshore (820/801). If you are outside Australia, apply offshore (309/100).

Underestimating document requirements: More evidence is almost always better. Organise your evidence clearly across the four categories.

Should You Use a Migration Agent?

For partner visas, a registered migration agent is particularly valuable for:

• Advising on what evidence is sufficient versus what is missing
• Drafting the relationship statements that accompany the application
• Managing responses to requests for further information
• Advising on statutory declaration content

Partner visa refusals are difficult to appeal and the fee is not refunded. Getting the application right the first time matters.

Find MARA-registered Indian migration agents: → Find a Migration Agent

Frequently Asked Questions

My marriage was arranged — will that affect my partner visa?

No. Home Affairs assesses the genuineness of the current relationship, not how it began. Arranged marriages are well understood in the Australian immigration context.

We have been married for 10 years. Do we still need to wait 2 years for PR?

Not necessarily. If you have been in a genuine relationship for more than 3 years (or 2 years with a dependent child), you may be eligible for the permanent 801/100 directly at application time.

Can I include my children in the partner visa application?

Yes. Dependent children under 18 can be included in the application.

I am on a student visa in Australia. Can I apply for an 820 partner visa?

Yes, as long as you are lawfully in Australia at the time of lodgement and your sponsor meets the requirements.

What happens if we separate while the application is being processed?

You must notify Home Affairs. The application may be refused if the genuine relationship no longer exists. Seek legal advice immediately if your relationship breaks down during processing.

Last verified: pending — verify processing times and current fees at immi.homeaffairs.gov.au.