Which Partner Visa Should We Apply For? 820/801 vs 309/100 vs 300

This article is general information only and does not constitute migration or legal advice; requirements can change and individual circumstances vary, so consider seeking advice from a registered migration agent or legal practitioner.

Last Updated: February 2026

Choosing the right Partner visa pathway is mostly about two things: your relationship type and where you are when you apply. Get those two points right and your application is already on safer ground.

Quick decision guide (TL;DR)

• In Australia and in a spouse or de facto relationship: usually Partner 820 (temporary) then 801 (permanent).
• Outside Australia and in a spouse or de facto relationship: usually Partner 309 (provisional) then 100 (permanent).
• Engaged and planning to marry in Australia: Prospective Marriage 300, then apply for 820/801 after marriage.

Step 1: Confirm your relationship type

Your relationship status shapes the pathway:

• Married or de facto: partner visa pathways (820/801 or 309/100).
• Engaged (not married yet): prospective marriage pathway (300).

If you are de facto, you must be able to show a genuine, continuing relationship and shared domestic life. In many cases there is a minimum time threshold or a specific exception (such as relationship registration). Check the official criteria for your exact situation before you lodge.

Step 2: Check location rules at time of application

Location rules are strict and often misunderstood. Each subclass has specific requirements about where you must be when you apply and sometimes when the decision is made. Always check the rules for your chosen subclass immediately before lodgement.

Step 3: Understand the pathway stages

All partner pathways are generally two-stage:

• 820 then 801 for onshore applicants.
• 309 then 100 for offshore applicants.

The Prospective Marriage visa is a separate pathway that leads to a partner visa after marriage.

Common mistakes that lead to problems

• Applying in the wrong location for the subclass.
• Choosing the wrong pathway because the relationship type was not clearly defined.
• Assuming eligibility without evidence, especially in de facto cases.
• Lodging before you are ready, which can create inconsistencies or missing documents.

A short checklist before you lodge

• Do you know exactly which subclass you are applying for?
• Are you in the correct location at the time of application?
• Is your sponsor eligible and ready to submit sponsorship documents?
• Do your statements and evidence match your timeline and relationship type?

When to seek advice

If you have complex circumstances, limited evidence, previous visa issues, or uncertainty about your pathway, getting professional advice before you lodge can prevent costly delays or refusals.

This guide is general information only and does not replace professional migration advice.