Frequently Asked Questions: Partner Visa (Subclass 820/801 or 309/100)

Partner Visas (Subclass 820/801 or 309/100) is a popular visa option among couples who wish to build their life together in Australia. The sponsor must be a an Australian citizen, permanent resident (PR), or an eligible New Zealand citizen and the applicant.

Partner Visa FAQs

We have compiled a list of frequently asked questions (FAQs) for Partner Visa below. Let’s go through them!

Can I apply for a Partner Visa while holding a Bridging Visa or Visitor Visa?
You may be eligible to apply for Onshore Partner Visa (Subclass 820/801) while holding a Bridging Visa or Visitor Visa (Subclass 600). However, if you are holding a bridging visa, you may not meet Schedule 3, which can be an additional layer of complex issue for your Partner Visa. If you are holding a Visitor Visa (SC600), it is best to check your visa conditions for Condition 8503 (No Further Stay) which prevents the individual to apply for most visas onshore. Speak with an immigration lawyer to assist to seek waiver for both Schedule 3 and/or No Further Stay – Condition 8503.

Related: Mistakes to Avoid When Transition from Visitor (SC600) visa to Onshore Partner Visa (SC820/801)
Can I include my child in my Partner Visa application?
You can include members of the family unit (MoFU) (i.e. your children) as dependents of your Partner Visa application. The dependents have to also meet health and character requirements. Children over 18 years old can be included provided they meet the dependency criteria.
How long does it take to get a Partner Visa in 2025?
The current processing time (as of September 2025) for Onshore Partner Visa (SC820/801) is approximately 9-19 months; Offshore Partner Visa (SC309/100) is around 9-24 months.
How much does a Partner Visa Cost, and do I need to pay again for the second stage (SC801/100)?
The visa application charge (VAC) in the 2025-26 year for Partner Visa is AUD9,365 for the primary applicant. Any additional dependents will incur a VAC for each applicant, depending on their age.
Can my Partner Visa be refused due to my partner’s criminal history or character concerns?
There is a possibility of a Partner Visa refusal due to if your partner (sponsor) has character concern. We have a few articles that discuss on this complex issue on sponsorship limitations, “Sponsors with Criminal Conviction | Can My Partner Sponsor My Partner Visa?” and “My Partner Has Sexual Offences | What Can I Do for the Sponsorship Limitation?”. Speak with Jason Ling, our Accredited Specialist in Immigration Law for tailored advice.
Do I need health insurance while waiting for my Partner Visa to be granted?
You may apply for Medicare after lodging for your Partner Visa application.
What happens to my Partner Visa if my relationship ends before a decision is made?
As Partner Visa is granted based on genuine and ongoing relationship, if you have broken up before the Partner visa is decided, your visa may result in a visa refusal. If your relationship breakdown is due to family violence, speak with an experience immigration lawyer to assist, as there may be provisions to help with your visa matter.
What’s the difference between the SC820/801 (onshore) and SC309/100 (offshore) Partner Visas?
The main differences between SC820/801 and SC309/100 are the location of the visa lodgement. Additionally, the Offshore Partner Visa may have a slightly longer processing time. Whilst for the Onshore Partner Visa, the applicant can receive a bridging visa to continue to stay in Australia legally.
Will my past refusal affect my Partner Visa application?
Depending on the reason of your past refusal(s), there is a possibility that a visa refusal may affect your Partner Visa application. If this is the case, speak with an Accredited Specialist in Immigration Law to ensure to get tailored advice.
Can a Partner Visa lead to Australian Citizenship?
Yes, Partner Visa is a PR visa, it can lead to Australian Citizenship pathway.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Assist

If you’re considering applying for a Partner visa and want to do it accurately from the start. Consider speaking with one of our immigration lawyers at Agape Henry Crux. The team works closely with two of our Accredited Specialists in Immigration Law, Jason Ling and Angela De Silva, as they specialise in handling highly complex matters. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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