Australia Spouse Visa (Subclass 309/100 & 820/801)

Spouse Visa Types: Choose the Right One

Visa Subclass	Where You Apply	What It Is	Timeframe
Subclass 309	Outside Australia	Temporary Partner Visa	9–13 months
Subclass 100	Follows the 309	Permanent Partner Visa	13–32 months
Subclass 820	Inside Australia	Temporary Partner Visa	12–26 months
Subclass 801	Follows the 820	Permanent Partner Visa	11–30 months
Subclass 300	Outside Australia	Temporary Prospective Marriage Visa	12–26 months

Spouse Visa (Subclass 309) Offshore

This is the most common pathway because most applicants apply from their home country. If you are based in Bangladesh, this is the visa you need to apply for.

The Two-Stage Journey

Stage 1 — Temporary Visa (309 or 820) Allows you to live, work, and study in Australia while the government monitors your relationship for two years.

Stage 2 — Permanent Visa (100 or 801) Two years after lodgment, the Department assesses whether your relationship is still ongoing and genuine.

Spouse Visa (Subclass 309) Offshore – From Bangladesh

Who Can Apply? You can apply if you are the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen who is willing to sponsor you.

Requirements for Visa Subclass 309

• Be outside Australia when applying for the visa.
• Be married to, or in a genuine de facto relationship with:
  • an Australian citizen
  • Australian permanent resident
  • eligible New Zealand citizen.
• Show the relationship is genuine and ongoing.
• Have a sponsor (your partner must sponsor you).
• Meet:
  • health requirements
  • character requirements (police clearance)
  • identity requirements.

Spouse Visa (Subclass 100) Permanent Residency

The Subclass 100 is the permanent stage of the offshore partner visa journey. It comes after the temporary Subclass 309 and, once granted, gives you the right to live, work, and study in Australia permanently with no set end date.

Requirements for Subclass 100

• You must already be holding the Subclass 309 visa
• At least two years must have passed since your original application was lodged
• You must still be in a genuine and continuing relationship with the same sponsor
• You and any family members must still meet health and character standards

Important: No separate application or additional fee is needed — everything is submitted together at the 309 stage. If your relationship was already well-established at the time of applying (3+ years together, or 2 years if you have a dependent child), you may be granted the 100 visa at the same time as the 309, skipping the two-year wait entirely.

Once you hold this visa, you can sponsor certain family members to come to Australia and eventually become eligible to apply for Australian citizenship.

Spouse Visa (Subclass 820) Onshore

If you are in a committed relationship with an Australian citizen or permanent resident, the Australia spouse visa (Subclasses 820 and 801) offers a practical pathway to living together in Australia. This is the onshore pathway — for people who are already inside Australia when they apply.

This visa is granted in two stages. The Subclass 820 is temporary and allows you to remain in Australia while your permanent residency is assessed. With this visa, you can work, study, and access Medicare. After a waiting period — typically around two years — you may be eligible for the Subclass 801 visa, which provides permanent residency.

Stages of the Process

You only need to submit one application covering both visas. If your initial application is successful, you will receive the Subclass 820 visa first. Later, immigration authorities will review your situation again to confirm that your relationship is still genuine. If everything meets the requirements, you will be granted the Subclass 801 visa.

Requirements for Subclass 820

• Applicant must be physically present in Australia at the time of application
• Must be sponsored by a qualifying partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen
• The relationship must be authentic, continuing, and committed
• De facto couples are generally required to show at least 12 months of living together
• Applicant must satisfy Australian health and character standards
• A valid visa must normally be held when lodging the application

Spouse Visa (Subclass 801) Permanent Residency

The Subclass 801 is the permanent stage of the onshore partner visa journey. It follows the temporary Subclass 820 and is designed for people who were already living inside Australia when they first applied. Once granted, it allows you to remain in Australia permanently.

Requirements for Subclass 801

• You must be holding the Subclass 820 visa at the time of assessment
• At least two years must have passed since the original 820/801 application was lodged
• You must still be in a genuine, ongoing relationship with your sponsor
• You must continue to satisfy health and character requirements at the point of decision

Important: Like the 100 visa, no extra fee or new application is required — it is all part of the original combined application. There is also an important protection for applicants who experience family violence during the waiting period — you may still be eligible for the permanent visa even if the relationship ends under those circumstances.

Prospective Marriage Visa (Subclass 300)

The Prospective Marriage Visa (Subclass 300), also known as the fiancé visa, gives an engaged overseas partner the legal pathway to enter Australia, marry their Australian fiancé, and begin building a permanent life together. After marriage, you transition to the 820/801 stream.

It requires both sides to satisfy the Department of Home Affairs that their relationship is genuine, their identity is verified, and their intention to marry is real — not a migration strategy dressed up as romance.

Requirements for Subclass 300

• Must be outside Australia at the time of application and when the visa is granted
• Must hold a valid passport and current identity documents
• Must be formally engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen
• Must have met the sponsor in person after both parties turned 18 years old
• Must genuinely intend to marry the sponsor within the visa validity period
• Must provide evidence of a genuine, continuing, and exclusive relationship
• Must meet Australia’s health requirements, including a medical examination
• Must meet character requirements, including police clearances from every country lived in for 12 or more months in the past 10 years
• Must not have any outstanding debts to the Australian Government
• Must sign the Australian Values Statement if required

Fees and Costs

An Australia spouse visa is a significant financial commitment. As of 1 July 2025, fees have been indexed to reflect inflation and remain in effect through 2026.

Main Applicant (820/801 or 309/100) — AUD 9,365 Additional Applicant (Over 18) — AUD 4,685 Additional Applicant (Under 18) — AUD 2,345 Prospective Marriage (Subclass 300) — AUD 9,365 Transition from 300 to 820 — AUD 1,560

Fees are non-refundable even if the visa is refused. They must be paid in full at lodgment.

Other Costs to Budget For

• Credit Card Surcharge (1.4%): Approx. AUD 131
• Medical Exams: AUD 350–600 per person
• Police Clearances: AUD 50–200 per country
• Translation Services: AUD 200–1,000 for non-English documents

Spouse Visa Application Process (Steps)

1. Step 1: Confirm Eligibility Check that you are in a genuine relationship with an Australian citizen or permanent resident and are applying from outside Australia.
2. Step 2: Collect Your Documents Get all necessary documents ready — passport, relationship evidence, photos, police records, and financial proofs.
3. Step 3: Open ImmiAccount Create an account on the official Australian immigration website to start your application.
4. Step 4: Lodge Your Application Complete the Subclass 309 visa form online, upload your documents, and pay the required fee.
5. Step 5: Submit Sponsorship Your partner needs to apply as your sponsor and provide their personal details and supporting documents.
6. Step 6: Provide Biometrics If required, visit a visa center to give your fingerprints and photo.
7. Step 7: Complete Health Check Attend a medical examination with an approved doctor when instructed.
8. Step 8: Provide Police Certificates Submit police clearance certificates from countries where you have stayed for a long period.
9. Step 9: Wait for Processing Wait while your application is reviewed — this may take several months to over a year.
10. Step 10: Receive IMMI Grant Letter If successful, you will be granted the temporary Subclass 309 visa and can travel to Australia.

Processing Times

As of March 2026, processing times are as follows:

Temporary Stage (820 / 309): 12–24 months from lodgment to temporary visa grant Permanent Stage (801 / 100): 6–12 months, eligible 2 years after original lodgment

Why the variation? Factors like the number of dependent children, previous visa refusals, or the complexity of character checks — if you have lived in many countries — can extend the timeline.

Why Your Visa Might Get Refused

Inconsistent Dates: Ensure the date you met and the date you committed are identical across all documents. Discrepancies raise serious credibility concerns.

Weak Financials: A joint bank account opened just one week before applying is a major red flag. Genuine financial ties should be longstanding.

Form 888 Errors: Statutory declarations must be from people who have actually spent time with you as a couple — not just acquaintances.

Health / Character Issues: Failing to disclose a medical condition or a minor criminal conviction can lead to a Public Interest Criterion refusal.

Real Case Study — A Hidden Mistake That Nearly Led to Refusal

A few years ago, one of our clients approached us for assistance with an Australia spouse visa under Subclass 309. At first, everything appeared completely smooth — the relationship documents were strong and the application was moving forward normally.

During the assessment stage, the Department discovered something the applicant had never disclosed: she had changed her name during childhood and had also used a different date of birth during her school years. Since these details were never mentioned in the application or supporting documents, the case officer identified inconsistencies during background checks.

As a result, the applicant received a Natural Justice letter asking for clarification. It became a very stressful situation — even unintentional omissions can raise concerns about credibility and transparency.

Fortunately, after proper explanations and supporting evidence were provided, the visa was not refused. But the case became significantly more complicated and delayed than it should have been.

This is exactly why full disclosure is extremely important in any Australia spouse visa application — even details from many years ago that may seem minor or irrelevant.

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