Welcome to Ebra Partners
Partner Visas
Reunite with your spouse or partner in Australia. Our expert partner visa lawyers guide you through every stage of the Subclass 820/801 and 309/100 partner visa process.
Australian Partner Visa Overview
The partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. There are two main pathways: the onshore partner visa (Subclass 820 / 801) for applicants already in Australia, and the offshore partner visa (Subclass 309 / 100) for applicants outside Australia.
Both pathways involve a two-stage process: first a temporary visa, then a permanent visa. The permanent stage is typically granted two years after the temporary visa is approved, provided the relationship is ongoing.
Onshore Partner Visa (820/801)
For applicants in Australia. Grants temporary then permanent residency. You can work and study while your application is processed.
Offshore Partner Visa (309/100)
For applicants outside Australia. Processing occurs offshore. A bridging visa can be granted to enter Australia during processing.
Prospective Marriage Visa (300)
For applicants intending to marry an Australian citizen. Allows entry to Australia to marry your partner within 9 months.
Determining Which Partner Visa Is Right for Me
Two questions usually settle which partner visa applies to your situation. Answer them below and the right pathway is named for you.
Are you married to, or in a de facto relationship with, an Australian citizen, permanent resident, or eligible New Zealand citizen?
General guidance only — not legal advice.
A few qualifications sit behind this flow. To be assessed as de facto you must generally have lived together in a genuine and continuing relationship for at least 12 months before applying, unless your relationship is registered with a state or territory registry — in Victoria, with the Registry of Births, Deaths and Marriages — which removes the 12-month requirement. If you are onshore but do not hold a substantive visa, or your visa carries a condition such as 8503 (no further stay), the onshore pathway may be closed to you unless that condition is waived.
At Ebra Partners, our migration lawyers assess your eligibility, confirm the correct subclass, and assist in compiling the necessary evidence — joint finances, cohabitation details, and personal references from friends and family that validate your relationship. Our goal is a thorough, well-documented application that minimises delays and maximises your chances of success.
Get Partner Visa HelpCommon Misconceptions — Prospective Marriage Visa
The Prospective Marriage visa (Subclass 300) is the partner visa most often misunderstood, and the one most often refused for reasons the couple did not see coming. These are the assumptions we correct most frequently.
“We have never met in person, but we talk every day.”
You must have met your fiancé(e) in person as adults, and you must both know each other personally. This is a legal requirement that cannot be waived on compassionate grounds, and it is the single most common reason Prospective Marriage visas are refused. Video calls, however frequent, do not satisfy it.
“An online relationship is enough if we are genuinely committed.”
A relationship conducted entirely online will not meet the requirements. The Department expects evidence of time physically spent together — flights, entry and exit stamps, photographs across multiple visits, and accommodation records — showing the relationship developed in person, not only through messages.
“Being engaged is all we need to prove.”
An engagement is the starting point, not the case. You must show a genuine and continuing relationship with a real intention to marry, including how you met, how the relationship developed, how you communicate, and what your plans are after marriage. A bare engagement with thin history attracts close scrutiny.
“Our relationship is private — nobody else needs to be involved.”
Third-party evidence matters a great deal. Statutory declarations from family members, friends, and colleagues who know you as a couple carry real weight, as does evidence that each of you has been introduced to the other's family and social circle. An application with no independent voices supporting it looks weaker than the couple usually expects.
“We can marry whenever we like once the visa is granted.”
The Prospective Marriage visa gives you a window — you must marry your sponsor within the validity period of the visa, generally nine months from grant, and then apply for a partner visa. Missing the window creates serious problems, so the wedding needs to be planned around the visa rather than the other way around.
“A cultural or religious ceremony already counts as our marriage.”
Only a marriage that is legally valid and recognised under Australian law counts. A ceremony that is not registered, or a marriage that Australia does not recognise, will not satisfy the requirement. If you have already had a ceremony overseas, get advice on its legal status before assuming which visa applies to you.
If any of these apply to your situation, it does not necessarily mean a visa is out of reach — but it does mean the application needs to be built carefully and honestly, and sometimes that a different subclass or a different timeline is the better strategy. We would rather tell you that before you pay the application charge than after a refusal.
Partner Visa Evidence Requirements
The Department of Home Affairs assesses a partner relationship across four categories. A strong application addresses all four, with evidence spread across the life of the relationship rather than concentrated in the weeks before lodgement.
Financial aspects
Evidence that you share your financial lives: joint bank accounts and transaction histories, shared liabilities such as a mortgage or lease, joint utility and insurance accounts, evidence of pooling income or supporting each other financially, and major purchases made together. Quality matters more than quantity — a year of joint account activity says more than a dozen one-off transfers.
Nature of the household
Evidence of how you live together and divide domestic responsibilities: a joint lease or mortgage, mail addressed to both of you at the same address, shared bills, a statement of how you split household tasks, and correspondence from government or institutions showing a common residential address over time.
Social context of the relationship
Evidence that others recognise you as a couple: photographs across a span of time and at significant events, joint invitations and travel, shared memberships or activities, social media and messaging history, and statutory declarations from friends, family, and colleagues who know you both. Declarations from Australian citizens or permanent residents should use Form 888.
Nature of your commitment
Evidence of the durability of the relationship and your plans together: the length of the relationship, the degree to which you have combined your affairs, wills and superannuation nominations naming each other, powers of attorney, next-of-kin records, and your written statements of how you met, how the relationship developed, and what your future plans are.
Getting It Right When You Live in Different Countries
Living apart does not disqualify you — many successful partner visas are granted to couples who have spent long periods in different countries. What matters is that the separation is explained and that the four categories are still addressed in a form that fits your circumstances.
In practice, that means documenting every period spent together: flight itineraries and boarding passes, passport entry and exit stamps, accommodation bookings, and dated photographs from each visit. It means keeping a continuous record of contact rather than a snapshot — exported message histories, call logs, and video call records across the whole relationship, not just the most recent month. It means showing financial connection in whatever way is realistic, such as regular remittances, shared subscriptions, money sent for family events, or jointly funded travel, and it means addressing the household category through your plans and arrangements: a lease or property you hold together, where you stay when you visit, and concrete steps taken towards living in the same place.
Just as importantly, it means explaining the gaps. If there was a six-month period with little contact, or a stretch where visits were impossible because of work, study, visa refusals, or family obligations, say so and evidence it. Unexplained gaps invite the case officer to draw their own conclusions; explained gaps rarely cause a problem.
How Ebra Partners Ensures Your Evidence Is Compiled Correctly
Most partner visa problems are not caused by weak relationships. They are caused by strong relationships that have been poorly documented — evidence that all comes from the same three months, statutory declarations that recite the form wording instead of telling a real story, or a bundle of hundreds of photographs with nothing to explain what they show.
We start by auditing what you already have against the four categories and identifying the gaps while there is still time to fill them. We then help you build the relationship statements and coordinate Form 888 declarations from people whose accounts genuinely add something, briefing them on what is useful rather than leaving them to guess. We organise and index the material so a case officer can follow the relationship chronologically, and we prepare a covering submission that addresses the weak points directly instead of hoping they go unnoticed.
We also stay with you after lodgement. Partner visas take a long time, circumstances change, and requests for further information arrive with short deadlines. Having someone who already knows your file makes those moments straightforward rather than stressful.
Book a Partner Visa ConsultationPartner Visa — Frequently Asked Questions
What is the difference between the onshore and offshore partner visa?
The offshore partner visa (Subclass 309/100) is for applicants outside Australia. The onshore partner visa (Subclass 820/801) is for applicants already in Australia. Both lead to permanent residency but have different processing times and conditions.
How long does a partner visa take in Australia?
Processing times vary considerably. The onshore temporary partner visa (Subclass 820) can take 12–24 months. The offshore partner visa (Subclass 309) can take 12–30+ months. After the temporary visa is granted, you typically wait 2 years before applying for the permanent stage.
What evidence do I need for a partner visa?
You need evidence across four categories: financial aspects (joint bank accounts, shared expenses), nature of the household (living together, shared responsibilities), social aspects (joint invitations, being known as a couple), and commitment (future plans, knowledge of each other's lives).
Can I work in Australia while my partner visa is being processed?
Yes. If you are onshore (in Australia) and have applied for the Subclass 820 partner visa, you will receive a bridging visa that allows you to work while your application is processed. Offshore applicants may apply for a bridging visa to enter Australia.