EMC Australia / Partner visas

Stay in Australia with the person you love

If you are in a genuine relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, a partner visa is usually the way to stay together. You do not need the visa number to start. The first question is simple: do you apply while you are in Australia, or from overseas?

Who this page is for

  • You live in Australia with your partner and want to stay lawfully
  • Your partner is still overseas and you want them to join you
  • You are engaged and plan to marry in Australia
  • A partner visa was refused and you need a realistic next step

The visas

Which visa this page is about

Each visa has a number, called a subclass, so you can match a letter from the Department. You do not need that number to talk to us.

  • 820

    Apply in Australia

    Partner visa (temporary)

    You are already in Australia and in a genuine relationship — married or de facto (living together as a couple).

    This is the first stage if you apply from inside Australia. Most people also apply for the permanent 801 at the same time. If your current visa is about to end, the application has to be timed so you stay lawful.

    Learn more about this visa
  • 801

    Apply in Australia

    Partner visa (permanent)

    You already hold, or have applied for, the temporary 820.

    The Department looks at whether you are still a genuine couple. Evidence from the time since the 820 was lodged matters. Some grants come quickly; others need a further statement of the years in between.

    Learn more about this visa
  • 309

    Apply from outside Australia

    Partner visa (provisional)

    The applicant is outside Australia and in a genuine relationship with someone in Australia (or an Australian who is overseas with them).

    This is the overseas version of the 820. You usually cannot lodge it from inside Australia. Medicals, police certificates and travel need a sequence, not a last-minute scramble.

    Learn more about this visa
  • 100

    Apply from outside Australia

    Partner visa (permanent, from overseas)

    You hold, or have applied for, the provisional 309.

    The permanent stage after a 309. Same idea as the 801: the relationship must still be genuine when the Department decides.

    Learn more about this visa
  • 300

    Apply from outside Australia

    Prospective marriage visa (fiancé)

    You are engaged to an Australian citizen, permanent resident or eligible New Zealand citizen and intend to marry in Australia.

    This visa lets the applicant enter Australia to marry. After the wedding they usually apply in Australia for the 820/801. The wedding date, the date of entry and the date you apply have to line up.

    Learn more about this visa

How EMC works

How we help

  1. 01

    We name the right visa

    In Australia or overseas, married or de facto, and whether you need a fiancé visa first. Starting on the wrong visa wastes months.

  2. 02

    We build the relationship evidence

    How you met, how you live, money, home, friends and family, and your own statements — written so someone who has never met you can follow the story. A folder of photos is not enough.

  3. 03

    We deal with the hard parts

    A previous refusal, time you lived apart, a former relationship, or a police matter. Those facts belong in the application, not as a surprise later. If one person fails character or identity checks, the whole application can fail.

First conversation

What to bring

  • Passports and current visas (including any bridging visa)
  • Evidence you are a couple: messages, photos, leases, bills, travel, joint money
  • If you have children together, their birth certificates
  • Any previous visa refusal, cancellation, or police matter — the decision letter if you have it
  • Proof your partner is an Australian citizen or permanent resident

Before you apply

Things that go wrong

  • De facto couples generally need to show 12 months as a genuine couple, unless you have a registered relationship (for example in Victoria).
  • Applying on the wrong visa, or from the wrong side of the border, can make the application invalid.
  • Travel after you apply is not automatic. You may need a Bridging Visa B to leave and come back.
  • A previous refusal can affect a new partner application. Do not lodge another one until someone has read the first decision.

Questions

People ask this first

  • No. Married and de facto couples can both apply. The Department wants a genuine, continuing relationship — not a particular ceremony.

Start with your situation.

You do not need the visa number. Book a consultation, or send us a message.

MARN 1800335 · Level 14, 333 Collins Street, Melbourne VIC 3000.

Related topics

This page is general information, not advice about your circumstances. Australian migration law changes. You should consult a Registered Migration Agent before you apply. EMC Australia is OMARA-registered (MARN 1800335).