Partner Visa (Onshore Subclass 820 and 801) Australia

What Is the Subclass 820 Visa?

The Partner Visa Subclass 820 is a temporary visa for an eligible spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen.

You must generally be in Australia when you apply for the Subclass 820/801 Partner visa pathway.

The Subclass 820 allows an eligible partner to remain in Australia while the permanent Partner visa stage is considered.

What Is the Subclass 801 Visa?

The Partner Visa Subclass 801 is the permanent stage of the onshore Partner visa pathway.

If you are granted the Subclass 801, you become an Australian permanent resident, subject to the visa grant and applicable requirements.

Holding a Subclass 820 does not automatically guarantee that the Subclass 801 will be granted. You must continue to satisfy the relevant requirements when your permanent visa is assessed.

Who Can Apply for the 820/801 Partner Visa?

The pathway can be available to a person whose partner is an:

• Australian citizen
• Australian permanent resident
• Eligible New Zealand citizen

The applicant generally needs to be in a qualifying married or de facto relationship with their sponsor and satisfy the requirements applicable to the Partner visa.

Genuine and Ongoing Relationship

One of the most important parts of an onshore Partner visa application is demonstrating that the relationship is genuine and continuing.

The Department may consider evidence across several aspects of the relationship, including:

Financial Aspects

Examples can include:

• Joint bank accounts
• Joint household bills
• Joint loans
• Joint mortgage or lease
• Shared financial commitments
• Evidence of financial support between partners

Household and Domestic Arrangements

Evidence may include:

• Living together
• Joint residential documents
• Shared household responsibilities
• Household bills
• Joint responsibility for children
• Mail or correspondence addressed to both partners

Social Aspects

You may provide evidence such as:

• Joint invitations
• Photographs from significant events
• Travel together
• Friends and family recognising the relationship
• Joint social activities
• Evidence that you have presented yourselves as a couple

Commitment to Each Other

Evidence may include:

• Communication while apart
• Knowledge of each other's personal circumstances
• Future plans
• Combined personal matters
• Evidence of ongoing contact
• Wills or other relevant documents

The Department specifically identifies financial, household, social and commitment evidence as relevant types of relationship evidence.

Married Applicants

If you are married to your Australian partner, you should provide evidence establishing that the marriage is legally recognised and genuine.

Depending on your circumstances, documents may include:

• Marriage certificate
• Previous marriage and divorce documents
• Joint financial records
• Evidence of living arrangements
• Travel records
• Social evidence
• Communication records
• Evidence of your ongoing commitment

De Facto Partner Applicants

If you are applying as a de facto partner, you need to demonstrate that your relationship meets the applicable Australian migration requirements.

The evidence should establish the nature, history and continuity of the relationship.

Applicants should not rely solely on photographs. A well-prepared application should present evidence across the financial, household, social and commitment aspects of the relationship.

Sponsor Requirements

The sponsor must satisfy the requirements applicable to Partner visa sponsorship.

The Department may require the sponsor to provide character information and police certificates. Sponsor police certificates should generally be provided with the sponsorship application or as soon as possible after applying.

Sponsorship requirements can also include limitations relating to previous sponsorships and other circumstances.

Partner Visa Subclass 820 and 801 Application Process

Step 1: Assess Your Eligibility

Determine whether you qualify for the onshore Partner visa pathway and whether your partner is eligible to sponsor you.

Your relationship status, location, previous visa history and personal circumstances should be reviewed before applying.

Step 2: Prepare Relationship Evidence

Prepare evidence covering:

• Financial aspects
• Household arrangements
• Social aspects
• Commitment to each other

The evidence should tell a consistent and chronological story of your relationship.

Step 3: Prepare Sponsor Documents

The sponsor should prepare the required identity, status and character documents.

Step 4: Lodge the 820/801 Application

Partner visa applications are generally lodged online through ImmiAccount. The Department recommends providing the required information and documents with the application to help avoid delays.

Step 5: Complete Health and Character Requirements

The Department may request:

• Medical examinations
• Police certificates
• Additional character information
• Other supporting documents

Health examination results have limited validity and may need to be completed again if they expire before a decision is made.

Step 6: Respond to Department Requests

Monitor your ImmiAccount regularly and respond to requests for additional documents or information within the specified timeframe.

Step 7: Subclass 820 Assessment

The Department assesses whether you satisfy the requirements for the temporary Partner visa.

If granted, the Subclass 820 allows you to remain in Australia temporarily while progressing through the Partner visa pathway.

Step 8: Subclass 801 Permanent Stage

Generally, two years must have passed since you applied for the Partner visa before you become eligible for assessment for the permanent Partner visa stage.

When eligible, you can provide the required information and evidence for the Subclass 801 assessment through ImmiAccount.

Subclass 820 to 801: Two-Year Requirement

The two-year period is an important part of the onshore Partner visa pathway.

The Department states that if you hold a temporary Partner visa Subclass 820, two years must generally have passed since you applied for that visa before you are eligible for assessment of the permanent Subclass 801 visa.

This does not mean that every applicant will automatically receive permanent residence after two years.

The Department must still be satisfied that the relevant permanent visa requirements are met.

Partner Visa Relationship Evidence Checklist

A strong application may include evidence such as:

Financial Evidence

• Joint bank statements
• Joint bills
• Joint loans
• Shared financial commitments
• Mortgage or lease documents
• Evidence of financial support

Household Evidence

• Joint rental agreements
• Utility bills
• Correspondence showing the same address
• Evidence of shared household responsibilities
• Documents relating to children

Social Evidence

• Travel records
• Joint invitations
• Family events
• Photographs
• Social activities
• Evidence from friends and family

Commitment Evidence

• Communication records
• Evidence of contact while apart
• Future plans
• Wills
• Evidence showing knowledge of each other's personal circumstances

The Department may request further evidence if it needs more information about the relationship.

Previous Relationships and Personal History

Partner visa applicants should provide accurate information about their previous relationships.

The Department advises family visa applicants to provide information about all previous relationships, including relationships that ended a long time ago, together with relevant documents such as marriage, divorce, death or separation evidence where applicable.

Applicants should also ensure their residential and travel history is complete and consistent with the information provided in their application.

Can You Work in Australia on a Subclass 820?

The Subclass 820 is a temporary Partner visa that allows an eligible partner to remain in Australia while progressing towards permanent residence.

Your specific visa conditions should always be checked through your visa grant information or VEVO before relying on particular work or travel rights.

Do not assume that every temporary visa provides identical conditions.

Including Children and Family Members

Eligible family members may be included or added to a Partner visa application where the relevant requirements are satisfied.

This can involve:

• Dependent children
• Step-children
• Other eligible family circumstances

Family relationships must be supported by appropriate documentation.

What Happens If the Relationship Ends?

A relationship ending does not necessarily mean that a Partner visa applicant will automatically lose the possibility of obtaining permanent residence.

Australia has specific family violence provisions for certain Partner visa applicants and holders.

Eligible applicants may be able to continue towards permanent residence where their relationship has ended because of domestic or family violence and the applicable requirements are satisfied.

If your relationship has ended, obtain professional advice before withdrawing your Partner visa application or taking any action that could affect your immigration status.

Partner Visa Processing Times

Partner visa processing times can vary significantly.

The Department currently processes Partner visa applications according to Ministerial Direction 117. Onshore Partner visa applications, including Subclasses 820 and 801, generally receive the highest processing priority among Partner visa applications.

Processing can be affected by:

• Completeness of the application
• Quality of supporting evidence
• Health checks
• Character checks
• Requests for further information
• Individual circumstances
• Department workload
• Applicable processing priorities

The Department's processing time guide is only an indication and is not a guarantee of when an individual application will be finalised.

Partner Visa Costs

The total cost of an onshore Partner visa application can include:

• Visa application charge
• Additional applicant charges, where applicable
• Medical examination costs
• Police certificate fees
• Document translation costs
• Professional migration assistance fees, if applicable

Visa charges can change, so applicants should confirm the current fee with the Department of Home Affairs before lodging their application.

Benefits of the Subclass 820 and 801 Pathway

A successful onshore Partner visa pathway can allow eligible applicants to:

• Remain with their Australian partner in Australia
• Live in Australia
• Work in Australia subject to applicable visa conditions
• Study in Australia
• Progress from temporary residence to permanent residence
• Access Medicare where eligible
• Potentially apply for Australian citizenship once eligible

The Subclass 801 provides permanent residence when granted.

Subclass 820 and 801 vs Subclass 309 and 100

The main difference is where the applicant applies.

The Department confirms that applicants for the Subclass 820 must be in Australia when applying, while applicants for Subclass 309 must be outside Australia when applying.

Why Choose The Visa for Partner Visa Assistance?

Partner visa applications require careful preparation because the Department assesses both the relationship and the applicant's compliance with the applicable visa requirements.

At The Visa, we can assist with:

• Subclass 820/801 eligibility assessment
• Sponsor assessment
• Relationship evidence strategy
• Married and de facto relationship applications
• Supporting document preparation
• Health and character requirements
• ImmiAccount application guidance
• Department requests
• Subclass 801 permanent stage preparation
• Family member considerations
• Family violence-related Partner visa matters

Planning to Apply for an Onshore Partner Visa?

If your spouse or de facto partner is an Australian citizen, permanent resident or eligible New Zealand citizen, the Subclass 820/801 Partner Visa pathway may provide a route from temporary residence to Australian permanent residency.

Contact The Visa to discuss your relationship, visa history and potential Partner Visa pathway.

Partner visa requirements, processing priorities, fees and migration policies can change. This information is general in nature and should not be treated as legal advice. Check the latest Department of Home Affairs requirements before lodging an application.