A Deep Dive into the 820/801 and 309/100 Pathways

Choosing the right partner visa pathway is the first critical step in your migration journey. Whether you are currently together in Australia or separated by borders, understanding the specific requirements for Onshore versus Offshore applications is vital.

Choosing Your Pathway: Onshore vs. Offshore

The primary difference between these subclasses is where the applicant is located when the application is lodged.

• Onshore (Subclass 820/801): Designed for applicants already in Australia on a valid visa (like a visitor or student visa). Applying onshore usually grants a Bridging Visa, allowing the applicant to stay, work, and access Medicare while waiting for a decision.
• Offshore (Subclass 309/100): Designed for couples where the applicant is outside Australia. This pathway is common for those living abroad who wish to migrate to Australia together.

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Proving Your Relationship: The Four Pillars of Evidence

To grant a partner visa, the Department of Home Affairs must be convinced your relationship is genuine and continuing. You must provide “Pillar Evidence” across these four categories:

1. Financial Aspects of the Relationship

You need to show how you combine your financial lives.

• Joint Ownership: Evidence of major assets owned together, such as a home, car, or even expensive household appliances.
• Shared Debt: Joint responsibility for loans, mortgages, or a shared residential lease.
• Daily Finances: Evidence of a joint bank account used frequently for household shopping and bills.

2. Nature of the Household

This covers your daily living arrangements and how you support each other at home.

• Living Together: Shared utility bills (electricity, internet), joint lease agreements, or mail showing both names at the same address.
• Domestic Chores: Detailed statements explaining who handles cooking, cleaning, or bill payments.
• Care of Children: Documentation showing shared responsibility for any children in the household.

3. Social Aspects of the Relationship

How the world sees you as a couple is just as important as how you see each other.

• Public Recognition: Photos of you together at weddings, parties, or on holidays with friends and family.
• Official Declarations: At least two Form 888s (Statutory Declarations) from Australian citizens or permanent residents who can vouch for your relationship.
• Relationship Registration: If available in your state, a certificate of a registered relationship adds significant weight.

4. Nature of Commitment

This pillar focuses on your long-term intentions and emotional bond.

• Knowledge of Each Other: Being able to discuss each other’s history, family members, and personal circumstances.
• Future Plans: Written statements or documentation of shared long-term goals, such as buying a house or starting a family.
• Periods of Separation: If you have spent time apart, provide logs of messages, video calls, and flight tickets used to visit each other.

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Mandatory Health and Character Standards

Even with a perfect relationship, the applicant must meet strict Australian standards.

• Medical Exams: Applicants must pass a health assessment with a panel physician to ensure they meet the “no significant cost to the community” rule.
• Police Clearances: You must provide “Character Clearances” for every country where you have lived for 12 months or more over the last 10 years.

Expert Tip: The Department looks for a consistent story. Ensure that the dates on your photos, flight tickets, and bank statements all match the timeline in your written relationship statements.