Partner Migration

Quick answer

EMI International helps couples apply for Australian partner visas: the onshore Partner visa (subclass 820 temporary and 801 permanent), the offshore Partner visa (subclass 309 and 100) and the Prospective Marriage visa (subclass 300). The team also handles complex cases, including sponsors who have sponsored a partner before.

• Visas covered: Subclass 820/801, 309/100 and 300
• Best for: Spouses, de facto partners and fiancé(e)s of Australian citizens, permanent residents or eligible New Zealand citizens
• Complex cases: Repeat sponsorship and previously refused applications
• First step with EMI: Free 45-minute in-person consultation in Sydney CBD

Last reviewed: September 2026, against current Department of Home Affairs policy. General information only, not legal advice.

Partner Visa — Onshore (Subclass 820 & 801)

A two-stage visa for the married or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen, applied for while in Australia. The 820 temporary visa is assessed first, then the 801 permanent visa, usually about two years after lodgement.

Requirements

• Married to, or in a genuine de facto relationship with, an eligible sponsor
• De facto relationships generally need at least 12 months, unless the relationship is registered, you have a dependent child together, or compelling and compassionate circumstances apply
• In Australia when applying, and not subject to a "no further stay" condition (such as 8503) unless it has been waived
• Health and character requirements

Partner Visa — Offshore (Subclass 309 & 100)

For people outside Australia in a genuine relationship with an eligible Australian sponsor. The 309 temporary visa is granted first, followed by the 100 permanent visa.

Key Notes

• Must be outside Australia when applying and when the 309 is decided
• 309 holders can travel to and live in Australia while the 100 is processed
• Once the 100 is granted, holders are Australian permanent residents

Prospective Marriage Visa (Subclass 300)

Allows an engaged partner to come to Australia, marry their sponsor within the visa period (9 to 15 months), and then apply for the onshore Partner visa at a reduced charge.

Requirements

• Both parties 18 or over, have met in person and genuinely intend to marry
• Must be outside Australia when applying
• After marrying, apply for the Partner (820/801) visa before the 300 expires

Sponsor Limits (All Partner Visas)

• A person can generally sponsor no more than two partners in their lifetime
• Sponsorships must be at least 5 years apart (measured from the date the earlier application was lodged)
• Exemptions can be granted in compelling circumstances — see our case study below

Visa	Main applicant charge (from 1 July 2026)
Partner 820/801 or 309/100 (both stages)	AUD 11,710
Prospective Marriage 300	AUD 11,710

Government charges shown are base application charges for the main applicant from 1 July 2026 and change regularly. Confirm current amounts with the Home Affairs Visa Pricing Estimator.

Frequently Asked Questions

What is the difference between the onshore and offshore partner visa?

The onshore partner visa (820/801) is lodged while the applicant is in Australia. The offshore partner visa (309/100) is lodged while the applicant is outside Australia. Both are two-stage visas: a temporary visa first, then permanent residence.

Can someone sponsor a partner more than once?

There are limits on how many partners a person can sponsor and how close together sponsorships can be. Exemptions can be granted in compelling circumstances; see EMI's case study on a third sponsorship that was approved.

Do de facto couples qualify for a partner visa?

Yes, de facto partners can apply. Generally the relationship must have existed for at least 12 months before applying, although exceptions apply in some situations, such as a registered relationship.

How can EMI International help with a partner visa?

EMI assesses your relationship evidence, prepares the application and submissions, and handles complex issues such as sponsorship limits. Book a free 45-minute consultation with a senior immigration consultant with 20 years' experience.

Related: Case study: third partner sponsorship approved

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