If you’re planning a life together in Australia, figuring out the right partner visa can feel overwhelming. Should you apply onshore (820/801) or offshore (309/100)? Do you meet the de facto or marriage requirements? How much will it cost, how long will it take, and what exactly counts as “genuine and continuing” evidence? Add in rules like condition 8503, section 48 and Schedule 3, plus questions about bridging visas, Medicare and travel, and it’s easy to see why couples—married or de facto, same‑sex or opposite‑sex—look for a clear, reliable roadmap.

This guide gives you that roadmap. It’s a practical, up‑to‑date walkthrough that helps you choose the right pathway, avoid common pitfalls, and submit a decision‑ready application. You’ll learn how to structure your ImmiAccount, build strong relationship evidence using the four pillars, budget for all fees and hidden costs, and manage your rights after lodgment. We’ll also highlight special concessions (family violence, sponsor death, de facto 12‑month waivers) that may apply in specific circumstances.

Here’s what to expect: step‑by‑step instructions from eligibility to grant, sponsor rules and limits, onshore constraints, timelines and processing, document checklists, adding children, responding to requests, moving from temporary to permanent, country notes for Filipino applicants, and life after grant—including your path to citizenship. Let’s start by confirming eligibility.

Step 1. Confirm you and your sponsor are eligible for a partner visa

Before you choose a pathway or open ImmiAccount, make sure you and your sponsor meet the baseline rules for a partner visa AU. Eligibility centers on who your sponsor is, whether your relationship is legally valid and genuine, and that you can satisfy health and character checks.

Note: Some onshore applicants can be blocked by a “no further stay” condition or face Schedule 3 hurdles if not holding a substantive visa. We cover those in Step 4. Sponsor limits and obligations are in Step 3.

Step 2. Choose your partner visa AU pathway: onshore 820/801 or offshore 309/100

Your pathway turns on where the applicant is at the time of application, and what rights you need while you wait. Both streams are two‑stage (temporary then permanent) and assess the same core relationship criteria. The key differences are application location and whether you’ll get a bridging visa in Australia.

Feature Onshore 820/801 Offshore 309/100
Where you must be when you apply In Australia Outside Australia
Location at time of grant Flexible (location no longer needs to match) Flexible (location no longer needs to match)
Bridging visa after lodgment Yes – BVA (starts when current visa expires) No bridging visa
Work/study/Medicare while waiting Possible on BVA (see Step 13) Not applicable until 309 grant
Permanent stage timing 801 considered after about 2 years from application 100 considered after about 2 years from application

Important: onshore applicants should review condition 8503, section 48 and Schedule 3 risks before committing. We cover these rules in Step 4 so you pick the right partner visa AU pathway with eyes wide open.

Step 3. Check sponsor eligibility, limits and obligations

Your sponsor anchors the application. The Department checks their status, residence, character, and any past sponsorship history before progressing your partner visa AU case. Make sure your sponsor is ready with proof and understands what they must submit and disclose.

Keep details honest and up to date—changes in relationship status must be promptly notified to the Department.

Step 4. Understand key rules that affect applying onshore: time/place of application and grant, condition 8503, section 48, schedule 3

Getting the onshore strategy right means knowing the rules that can block, delay, or unlock your partner visa AU options. Four settings matter most: where you are when you apply, whether a “no further stay” condition applies, if section 48 affects you after a refusal or cancellation, and whether Schedule 3 criteria apply when you don’t hold a substantive visa.

Time/place of application and grant

You must be in Australia to apply for subclass 820, and outside Australia to apply for subclass 309. Since 25 November 2023, subclasses 309, 820 and 801 can be granted regardless of your location at the time of decision. If you plan to travel while awaiting a decision, check your bridging visa settings (see Step 13).

Condition 8503 (“No further stay”)

If your current or most recent visa has condition 8503, you cannot lodge onshore unless the Department first waives it. Waivers are possible only in limited circumstances; without a waiver you must lodge offshore via 309/100.

Section 48 after refusal/cancellation

If you’ve had a visa refused or cancelled while in Australia, section 48 can restrict new onshore applications. Partner visa 820 is an exception to this bar, so you can generally still lodge onshore, though other hurdles (like Schedule 3) may apply.

Schedule 3 (no substantive visa at lodgment)

If you don’t hold a substantive visa, you’ll face extra criteria unless waived. The Department may require that your situation arose from factors beyond your control, that there are compelling reasons to grant the visa, and that you substantially complied with previous visa conditions. Compelling reasons can include Australian citizen children, maternal health issues, serious impacts on your sponsor, or conflict/violence in your home country. Officers can consider circumstances up to the time of decision.

Step 5. Map your timeline: processing times, two-stage pathway and when permanent residence is possible

The partner visa AU journey is a two-stage pathway. You first get a temporary visa (820 onshore or 309 offshore), then the Department reassesses you for permanent residence (801 or 100). Timeframes vary with caseload, completeness of evidence, and health/character checks. As a guide, many cases finalize the temporary stage in roughly 12–24 months, but ranges of about 3–30 months (onshore) and 3–33 months (offshore) are possible.

Typical timeline at a glance

Step 6. Budget the full cost: visa application charges, dependents and other expenses

Costs add up fast, so map them early. For both onshore (820/801) and offshore (309/100), you pay one Partner Visa Application Charge (VAC) at Stage 1; the permanent stage (801/100) does not have a new VAC. Fees are the same whether you apply onshore or offshore.

Beyond the VAC, plan for third‑party expenses that vary by country and case:

Example: a couple with one child under 18 lodging a partner visa AU should budget the VAC of AUD 9,365 + 2,345 = AUD 11,710 plus the third‑party costs above. Always confirm the latest VAC on the Department’s website before you pay.

Step 7. Create your ImmiAccount and set up the application correctly

Your ImmiAccount is the control center for your partner visa AU. Set it up carefully so you select the right stream, generate the Transaction Reference Number (TRN), and line up the sponsor form and documents without back‑and‑forth. Online lodgment is standard; paper is only by permission.

  1. Create/Log in to ImmiAccount: Go to My applications > New application > Family > “Stage 1 – Partner or Prospective Marriage (300, 309/100, 820/801).”
  2. Choose the correct stream: Select 820/801 (onshore) or 309/100 (offshore) to match where the applicant is at lodgment.
  3. Complete Form 47SP online: Add all dependents now, disclose visa refusals/cancellations, and ensure addresses, dates, and relationship details are accurate.
  4. Pay the VAC to lodge: Payment creates your TRN/application ID.
  5. Sponsor submits Form 40SP: The sponsor logs in separately and uses the applicant’s TRN to lodge the sponsorship and upload sponsor evidence.
  6. Set up document uploads: Use the Department’s categories (Identity, Relationship, Character). Include at least two Form 888s, Form 80, and consistent four‑pillar relationship evidence.
  7. Quality control: Use clear file names, keep facts consistent between 47SP and 40SP, and only include certified/translated copies where required.

Tip: If you’re relying on a relationship registration to meet/waive the de facto 12‑month requirement, upload the registration certificate under Relationship evidence.

Step 8. Prepare identity, health and character documents (applicant and sponsor)

Strong identity, health, and character files keep your partner visa AU on track and prevent avoidable requests. Gather clear scans, certified or translated where required, and keep names, dates, and addresses consistent across the applicant’s Form 47SP and the sponsor’s Form 40SP.

Tip: Upload documents under the correct ImmiAccount categories (Identity, Health, Character). If a document isn’t available, add a short statement explaining why and provide alternatives where possible.

Step 9. Build decision-ready relationship evidence using the four pillars

“Decision‑ready” means your relationship evidence for a partner visa AU is complete, clearly organized, and easy for a case officer to verify against dates and addresses. Aim to cover your relationship from start to present, show both names where possible, explain gaps, and demonstrate everyday interdependence—not just special occasions.

How to structure your evidence

Evidence by pillar

Quality over quantity: provide representative samples across the relationship, ensure translations where required, and keep facts consistent with Forms 47SP/40SP. Form 888s from supporting witnesses will reinforce the social pillar (next step).

Step 10. Draft your personal relationship statements and collect Form 888s

Your personal statements are the heart of a partner visa AU case—the clear, consistent story that ties your forms and evidence together. Both the applicant and sponsor should write separate statements in their own words, covering the full relationship timeline and aligning with the four pillars (financial, household, social, commitment). Keep dates precise, explain any gaps, and make sure details match Forms 47SP and 40SP.

Form 888 statutory declarations from supporting witnesses corroborate your story. Provide at least two Form 888s from people who know your relationship; if they are Australian citizens or permanent residents they should use Form 888, otherwise a detailed letter is acceptable. Strong 888s explain how the witness knows you, what they’ve observed about your relationship, timelines, social interactions, and your future plans. Note: if you don’t hold a substantive visa and have had a refusal/cancellation, ensure the two Form 888s are signed and witnessed within 6 weeks before lodgment and included with the application.

Step 11. Include dependent children: who can be added and required consents

If you have children, plan their inclusion at Stage 1 so your partner visa AU lodgment is complete and fees are paid correctly. You can include your child or step‑child if they meet the definition of “dependent” and you can provide the required parental consents or court authority for them to migrate.

Carefully align all names, dates and addresses across your forms and documents to avoid requests and delays.

Step 12. Lodge a complete application and pay the fee

This is where you make it official. A “decision‑ready” partner visa AU lodgment means your forms are accurate, all dependents are included, and key identity/relationship/character documents are uploaded and labeled. Once you pay, your application date is fixed and your sponsor can link their part. If a document isn’t available yet (for example, a police check), you can still lodge and provide it when requested.

  1. Review Form 47SP and dependent details for accuracy (names, dates, addresses).
  2. Upload core evidence under correct categories (Identity, Relationship, Character), including at least two Form 888s and Form 80.
  3. Confirm the correct stream (820/801 onshore or 309/100 offshore) and submit.
  4. Pay the Visa Application Charge: main applicant AUD 9,365; each dependent 18+ AUD 4,685; each dependent under 18 AUD 2,345.
  5. Record your TRN and save the lodgment acknowledgment.
  6. Have the sponsor submit the online sponsorship (Form 40SP) using the TRN and upload sponsor documents.

After lodgment, monitor ImmiAccount for messages and promptly upload any further information the Department requests.

Step 13. After lodgement: bridging visas, work/study rights, Medicare and travel

What happens after you hit submit depends on where you applied. Offshore 309/100 applicants don’t receive any bridging visa and must maintain another valid visa if they wish to visit Australia before grant. Onshore 820/801 applicants are issued a Bridging visa A (BVA) linked to the partner visa AU application so you can stay lawfully in Australia while you wait.

Handled well, your bridging settings protect work, study and healthcare access while your partner visa AU progresses.

Step 14. Respond to requests and manage your application while you wait

Waiting isn’t passive. The smoother your “in‑process” management, the fewer delays your partner visa AU will face. The Department can ask for more information at any time and can consider new circumstances up to decision, so stay organized and responsive.

Consistent, clean updates reduce RFIs and keep your file decision‑ready.

Step 15. Transition from temporary (820/309) to permanent (801/100): what to submit and when

The permanent stage is a reassessment of your relationship, usually more than two years after you lodged the original partner visa AU application. There is no new visa application charge. If, at the time you first applied, you’d already been together 3+ years (or 2+ years with a dependent child), the Department may assess you for permanent residence earlier or even grant temporary and permanent together.

Respond within the time given in your ImmiAccount. If you need more time, request an extension before the deadline expires.

Step 16. Special pathways and exemptions: de facto 12‑month waiver, family violence, sponsor death and other concessions

If you don’t neatly fit the standard rules—or your relationship ends after you apply—some concessions can still keep your partner visa AU on track. These are assessed case‑by‑case, so document everything carefully and notify the Department through ImmiAccount.

De facto 12‑month requirement: recognized exemptions

You usually need 12 months in a de facto relationship at lodgment. Exemptions include:

Family violence provisions

If the relationship breaks down because you experienced family violence, you can still be granted the permanent stage (801/100) after a temporary application. From July 2024:

Sponsor death provisions

If your sponsor dies after you apply, you may continue and be granted. From July 2024:

Other concessions to know

If any of these apply, explain the circumstances in clear statements, upload supporting documents, and promptly respond to any Department requests.

Step 17. Common mistakes to avoid and pro tips for smoother processing

Small missteps can trigger big delays—or even refusal—on a partner visa AU. Use this pre‑lodgment and post‑lodgment checklist to keep your file clean, consistent, and decision‑ready from day one.

Pro tips for smoother processing:

Step 18. Country notes for Filipino applicants: documents, police checks and translations

Filipino couples often have unique patterns—periods of work overseas, name changes after marriage, and documents that may already be in English. Your goal is to keep names, dates and addresses consistent across forms and evidence, and to plan early for police checks from the Philippines and any other countries you’ve lived in.

Civil documents to prepare

Police checks (Philippines and abroad)

You must provide police certificates for Australia (if applicable) and for every country you’ve lived in for 12+ months. Filipino applicants should obtain a Philippines‑issued police certificate that covers all current and previous names. Sponsors may also be asked for police checks.

Translations and certification

Many Philippine civil documents are issued in English. If any document isn’t in English, upload a certified English translation. Provide certified copies where requested and ensure names (maiden/married), dates and addresses match across Forms 47SP/40SP and your evidence.

Pro tips for OFWs: keep a clear residence timeline, save remittance receipts and travel records to evidence ongoing support during separations, and refresh four‑pillar evidence regularly while you wait.

Step 19. Life after grant: rights, obligations and the path to citizenship

Grant day changes what you can do—and what you must keep doing. Your entitlements differ slightly between the temporary (820/309) and permanent (801/100) stages, but both expect you to keep information current, meet character requirements and comply with Australian laws.

If your relationship ends after you’ve been granted permanent residence, your visa status is generally unaffected. If it ends before permanent grant, see Step 16 for concessions that may still apply.

Conclusion

You now have a clear, step‑by‑step roadmap for a successful partner visa AU application—choosing the right pathway (820/801 or 309/100), confirming eligibility, organizing decision‑ready evidence across the four pillars, understanding onshore rules like 8503/section 48/Schedule 3, mapping timelines and costs, and managing your rights after lodgment through to permanent residence and citizenship. Follow the steps, keep your facts consistent, refresh your evidence while you wait, and respond quickly to any requests.

If you’d like expert eyes on your strategy—or help with complex issues like Schedule 3, waivers, or relationship changes—our team can guide you from lodgment to grant with precision. Start your partner visa plan with a quick consult at Simon Mander Consulting and move forward with confidence.

Registered Migration Agent (MARN 0318058) 23+ years experience assisting skilled migrants, partner visa applicants, and visa appeals.