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Australia Partner Visa Application Guide (820/801, 309/100)

Want to stay in Australia with your Australian partner? Complete guide from Partner Visa 820/801 (onshore), 309/100 (offshore) application to relationship proof and required documents.

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Australia Partner Visa Application Guide (820/801, 309/100)

Australia Partner Visa Application Guide (820/801, 309/100)

"I met an Australian citizen/permanent resident during working holiday. Can we stay in Australia together?"

If you're in a married or de facto relationship with Australian partner, you can apply for Partner Visa to legally stay in Australia and ultimately receive Permanent Residence (PR).

This guide is based on official Australian immigration information and actual applicant experiences. Covers everything from visa types, application process, relationship proof methods, to costs.


1. What is Partner Visa?

1.1. Partner Visa Types

Australian Partner Visa is divided into two types based on application location:

Apply from within Australia (Onshore):

  • Subclass 820 (Temporary Visa)Subclass 801 (Permanent Residence)

Apply from outside Australia (Offshore):

  • Subclass 309 (Temporary Visa)Subclass 100 (Permanent Residence)

1.2. 2-Stage Process

Partner Visa proceeds in 2 stages:

Stage 1: Temporary Visa

  • 820 (onshore) or 309 (offshore)
  • Prove relationship is Genuine and Continuing
  • Temporary residence upon approval

Stage 2: Permanent Residence

  • 801 (onshore) or 100 (offshore)
  • Automatic assessment 2 years later
  • Verify relationship still maintained
  • PR granted upon approval

Timeline:

Apply → Temporary visa approval (6-24 months) → 2 years pass → PR assessment → PR approval

1.3. Eligibility (Basic)

Applicant:

  • 18+ years old
  • Partner of sponsor (married or de facto)

Sponsor:

  • Australian Citizen
  • Australian Permanent Resident
  • Or Eligible New Zealand Citizen

Relationship Requirements:

  • Married or De facto
  • De facto: Living together for at least 12 months

2. Subclass 820/801 vs 309/100 Comparison

Item820/801 (Onshore)309/100 (Offshore)
Application LocationApply from within AustraliaApply from outside Australia
Application CostAUD $9,095 (2024-2025)AUD $9,095
Bridging VisaYes (can stay in Australia)No (wait overseas)
Work/StudyPossible (on bridging visa)Possible after temporary visa approval
Processing Time20-28 months (temporary)21-41 months (temporary)
PRAutomatic assessment after 2 yearsAutomatic assessment after 2 years

Selection Criteria:

  • Currently in Australia with valid visa → 820/801
  • In Korea or no Australian visa → 309/100

3. Relationship Proof (Genuine Relationship)

3.1. Relationship Proof Most Important

Most important for Partner Visa is proving relationship is Genuine and Continuing.

Immigration assesses relationship in 4 aspects:

1. Financial Aspects

  • Joint bank account
  • Joint lease/property
  • Joint bills (electricity, gas, internet)
  • Mutual financial support

2. Nature of the Household

  • Living together address
  • Joint household purchases (furniture, appliances)
  • Evidence of living together (lease agreement, utilities)

3. Social Aspects

  • Friends/family know about relationship
  • Photos together (travel, family events)
  • Social media posts
  • Friends/family Statutory Declarations

4. Commitment to Each Other

  • Future plans (marriage, children, house purchase)
  • Long-term relationship evidence
  • Experiences overcoming difficulties together

3.2. Required Documents Checklist

Relationship Proof:

  • Marriage certificate (if married)
  • Joint residence proof (lease agreement, utilities)
  • Joint bank transaction history (3+ months)
  • Photos together (minimum 20, various times)
  • Travel records (flight tickets, hotel bookings)
  • Friends/family Statutory Declarations

Personal Documents:

  • Passport copy
  • Birth certificate
  • Police check (AFP Check) - Australia
  • Police check - Korea (past residence countries)
  • Health Examination

Sponsor Documents:

  • Australian citizenship certificate or PR
  • Passport copy
  • ID (Driver License)

3.3. Statutory Declaration

Legal document where friends or family testify that relationship is genuine.

Writers:

  • Minimum 2 (recommended: 4-6)
  • People who have observed relationship long (friends, family, colleagues)

Content:

  • How long they've known both of you
  • How they learned about relationship
  • Experiences seeing you together
  • Why they believe relationship is genuine

Form: Service NSW


4. Application Process (820/801 Example)

4.1. Step 1: Prepare Documents (3-6 months)

What to do:

  1. Collect relationship proof documents

  2. Police Check (AFP Check)

  3. Health Examination

    • Visit designated Panel Doctor
    • Cost: $300-500
    • X-ray, blood test
  4. Prepare photos (minimum 20)

    • Organize chronologically
    • Add date and location descriptions
  5. Get Statutory Declarations (minimum 2)

4.2. Step 2: Online Application (ImmiAccount)

Create ImmiAccount:

Complete Application:

  1. Click "New application"
  2. Select "Partner visas"
  3. Select Subclass 820
  4. Complete online form (2-3 hours)

Upload Documents:

  • Convert all documents to PDF
  • Clear file names (e.g., "Joint_Bank_Statement_2024.pdf")

4.3. Step 3: Pay Fee

Cost: AUD $9,095 (2024-2025)

Includes:

  • 820 (temporary visa)
  • 801 (permanent residence)
  • All assessment costs

Payment Method:

  • Credit card (Visa, Mastercard)
  • PayPal

4.4. Step 4: Bridging Visa Issued

Automatic Issue:

  • Issued immediately after application
  • Can stay in Australia after current visa expires

Rights:

  • Can work (Work Rights)
  • Can study
  • Can apply for Medicare (conditional)

Restrictions:

  • Bridging visa expires upon leaving Australia
  • Cannot re-enter (not exit ban, can't come back)

4.5. Step 5: Wait (20-28 months)

During Processing:

  • Immigration reviews documents
  • May request additional documents
  • May request interview (rare)

Check Method:

  • Check status in ImmiAccount
  • Email notifications

4.6. Step 6: Temporary Visa (820) Approval

Upon Approval:

  • Email notification
  • Check visa in ImmiAccount
  • Can stay in Australia (permanent, until 801 assessment after 2 years)

Rights:

  • Unlimited work/study
  • Medicare (public healthcare)
  • Can exit/enter Australia

4.7. Step 7: Permanent Residence (801) Assessment (After 2 years)

After 2 years:

  • Immigration automatically starts assessment
  • Verify relationship still maintained

Required Documents (Updated):

  • Recent joint residence proof
  • Recent joint financial proof
  • Recent photos

Upon Approval:

  • Permanent Residence (PR) granted
  • 5-year Travel Facility (free exit/entry)

5. Total Costs

ItemCost (AUD)
Visa application fee$9,095
Police check (AFP)$42
Police check (Korea)$30-50
Health examination$300-500
Document certification/translation$100-300
Total$9,567-9,987

Additional Costs (Optional):

  • Migration lawyer (Migration Agent): $3,000-7,000
  • Partner visa workshop/consulting: $500-1,500

6. Rejection Reasons and Prevention

6.1. Common Rejection Reasons

Relationship Not Genuine

  • Insufficient evidence
  • Short-term relationship (<12 months)
  • Inconsistency in interview

Health Issues

  • Infectious diseases (TB, HIV)
  • Burden on Australian healthcare system

Criminal Record

  • Serious crimes (sex crimes, violence)
  • Visa violation history

Sponsor Ineligibility

  • Sponsored partner visa 2+ times before
  • PR obtained less than 5 years ago

6.2. Prevention Methods

Prepare Sufficient Evidence

  • 20+ photos
  • Joint account 3+ months
  • 4-6 friends/family declarations

Maintain Consistency

  • Application and interview answers match
  • Remember dates, places accurately

Lawyer Consultation (Complex Cases)

  • Previous rejection history
  • Complex family situation
  • Criminal/health issues

7. Frequently Asked Questions (FAQ)

Q1. Is de facto relationship recognized as much as marriage?

A. Yes, in Australia, de facto relationships are recognized equally to marriage. However, evidence of living together for at least 12 months is required.

Q2. Can I apply with less than 12 months relationship?

A. Possible but must meet exception conditions:

  • Married (regardless of duration)
  • Have child together
  • Life/freedom at risk if partner visa rejected in Australia (extremely rare)

Q3. Can I work on bridging visa?

A. Yes, Bridging Visa A issued with 820 application has work rights. However, bridging visa expires if you leave Australia.

Q4. Can I visit Korea during application?

A. Bridging visa cannot re-enter after departure. If you must go, apply separately for Bridging Visa B, which requires immigration approval.

Q5. Does processing really take over 2 years?

A. Yes, currently average 20-28 months (temporary visa), and complex cases may take longer. You can legally stay and work in Australia on bridging visa.

Q6. Can permanent residence (801) assessment be rejected?

A. Possible but rare. Can be rejected if relationship ended (divorce, separation) or committed crime during 2 years.

Q7. Is partner with PR less favorable than citizen?

A. No, same. Permanent residents also qualify as partner visa sponsors, with identical processing and approval conditions.

Q8. Is migration lawyer essential?

A. If relationship is simple (married or 12+ months de facto) with no criminal/health issues, can apply directly. Complex cases recommend lawyer consultation.


8. Final: Partner Visa Application Checklist

Before Application:

  • Relationship 12+ months (de facto) or married
  • Prepare joint residence proof
  • Prepare joint financial proof
  • Prepare friends/family declarations (4-6)

Document Preparation:

  • Police checks (Australia + Korea)
  • Health examination
  • 20+ photos
  • Passport, birth certificate, marriage certificate

Application:

  • Create ImmiAccount
  • Complete online application
  • Upload documents (PDF)
  • Pay fee ($9,095)

After Application:

  • Confirm bridging visa
  • Regular ImmiAccount checks
  • Respond quickly to additional document requests

Partner visa takes time, but with sufficient preparation, success rate is very high. If genuine relationship, be confident!

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About the Author The WHRESUME team is in their 3rd year living in Melbourne and genuinely supports Australian working holiday makers. This guide is based on feedback from the working holiday community and analysis of official Australian sources.

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Related Tags

#Partner Visa#Permanent Residence#Marriage Visa#820#801

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