Australia Partner Visa (Subclass 820/801) (820/801): Requirements, Fees, Processing Time & How to Apply

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Short Description: Complete guide to Australia’s Partner Visa 820/801: eligibility, documents, costs, process, work rights, travel, refusals, PR pathway, and key official rules.

Last Verified On: 2026-03-16

Visa Snapshot

1. What is the Partner Visa (Subclass 820/801)?

The Partner Visa (Subclass 820/801) is Australia’s onshore partner migration route for people who are in Australia and are married to, or in a de facto relationship with, an eligible sponsor.

It is not two completely separate applications in the usual sense. In most cases, you apply once for both:

• Subclass 820: the temporary partner visa
• Subclass 801: the permanent partner visa

If the application is approved at the first stage, you usually receive the 820 first. Later, after the required period and further assessment, you may become eligible for the 801 permanent visa.

This visa exists to support:

• family unity
• long-term settlement for genuine couples
• Australia’s family migration program

It sits within Australia’s broader migration system as a family migration visa, not a visitor visa, work visa, student visa, or electronic travel authorization.

What type of immigration status is it?

This is an Australian visa granted digitally through Australia’s immigration system. Australia generally does not issue a visa label by default. Visa status is usually linked electronically to the passport and can be checked through official systems such as VEVO.

Official naming and related labels

Official names commonly used by the Department of Home Affairs include:

• Partner visa (subclass 820)
• Partner visa (subclass 801)
• Sometimes described together as the onshore Partner visa
• Related paired route: Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100) for offshore applicants

Core concept

The 820/801 route is for applicants who are in Australia at the time of application and generally also in Australia at the time of decision for the 820. The 801 stage is the permanent stage that follows.

2. Who should apply for this visa?

This visa is best for people already in Australia who are in a genuine partner relationship with an eligible Australian sponsor and want to live together in Australia long term.

Ideal applicants

Spouses and de facto partners

This is the core group. You should consider 820/801 if you are:

• legally married to an eligible sponsor, or
• in a genuine de facto relationship with an eligible sponsor

Tourists already in Australia

A visitor in Australia may sometimes apply for 820/801 if legally allowed to lodge an onshore application. The biggest issue is whether the person holds a visa with a No Further Stay condition, especially condition 8503, 8534, or 8535. If such a condition applies, onshore application options can be blocked unless the condition is waived.

Students in Australia

Students who are in a genuine relationship with an eligible sponsor often use this route if they are already in Australia and eligible to apply onshore.

Employees and temporary workers

People on temporary work visas in Australia may apply if they meet partner visa rules.

Job seekers

This is not a job-seeker visa. A person without a genuine qualifying relationship should not use this route.

Children/dependents

Dependent children may be included in some cases if they meet the legal requirements.

Same-sex partners

Yes. Australia recognizes same-sex marriages and de facto partner relationships for partner migration.

Usually not suitable for

Business visitors

If your real purpose is meetings, market visits, or short business travel, this is the wrong visa. Consider a visitor or business visitor pathway instead.

Founders, investors, entrepreneurs

This is not a business migration route. If the relationship is genuine and primary, partner migration may still fit. But if the purpose is investment or startup activity without a qualifying relationship, use a business or skilled route.

Retirees

This visa is not based on age or retirement status. Retirees only qualify if they meet partner visa criteria.

Medical travelers

Use a visa appropriate for treatment if the purpose is medical care only.

Transit passengers

Not applicable. This is not a transit visa.

Diplomats and officials

Diplomatic or official travelers should use the appropriate official visa class.

Who should consider another visa instead?

3. What is this visa used for?

Permitted purposes

The 820/801 visa is used for:

• living in Australia with your spouse or de facto partner
• family reunion
• long-term residence
• working in Australia
• studying in Australia
• accessing the pathway to permanent residence
• including eligible dependent children
• traveling in and out of Australia while the visa and travel rights remain valid

Things it is not mainly designed for

This visa is not designed primarily for:

• tourism
• transit
• short-term business visits
• short medical travel
• temporary volunteering as a main purpose
• journalism as a dedicated route
• religious work as a dedicated route
• investor migration as a dedicated route

Grey areas and misunderstandings

Marriage alone is not enough

Being legally married does not automatically guarantee approval. The relationship must be genuine and continuing.

De facto does not always mean “living together casually”

For migration purposes, de facto has a legal meaning and usually involves a relationship of at least 12 months unless an exemption applies, such as where the relationship is registered under an Australian state or territory law.

Remote work

If you hold the 820 or 801, work is generally allowed. The “remote work on a visitor visa” debate does not apply in the same way here because this is a family migration visa with work rights.

Study

Study is allowed, but this does not automatically give access to domestic student fees or government loan support.

4. Official visa classification and naming

Official program name

• Partner visa

Official subclass names

• Partner visa (subclass 820) — temporary
• Partner visa (subclass 801) — permanent

Related partner categories people confuse it with

• Partner (Provisional) visa (subclass 309) — offshore temporary stage
• Partner (Migrant) visa (subclass 100) — offshore permanent stage
• Prospective Marriage visa (subclass 300) — for fiancé(e)s applying offshore
• New Zealand Citizen Family Relationship visa (subclass 461) — very different visa for family members of certain New Zealand citizens
• Visitor visa — not a substitute for partner migration

Old vs current naming

The subclass numbers remain current. The common confusion is not old naming but onshore vs offshore routes:

5. Eligibility criteria

This is the most important section. The exact legal rules are detailed and should always be checked against the Department of Home Affairs and legislative instruments.

Core eligibility at a glance

Nationality rules

There is no general nationality restriction saying only certain nationalities can apply. However:

• applicants of all nationalities must satisfy Australia’s migration rules
• document requirements can vary by country
• police certificates may be required from each relevant country
• biometrics requirements vary by nationality and location

Passport validity

You need a valid passport or another acceptable travel document to apply and to support identity checks. A short-expiry passport can cause practical issues, though an application may still be possible.

Age

There is no widely publicized minimum age in simple marketing terms for the partner visa itself, but legal capacity to marry, sponsorship rules, and dependent child rules matter. Child marriage is not recognized. Minors raise complex legal issues and are unusual in this route.

Education, language, work experience, points, invitation, job offer

These are not standard eligibility requirements for the 820/801 visa.

• No points test
• No invitation round
• No job offer required
• No education threshold
• No English language threshold for grant of 820/801 itself

Relationship requirements

You must generally be one of the following:

• the spouse of an eligible sponsor, or
• the de facto partner of an eligible sponsor

Your relationship must be:

• genuine
• continuing
• to the exclusion of all others
• not merely for obtaining a visa

The Department typically assesses four broad relationship aspects:

• financial aspects
• nature of the household
• social aspects
• nature of the commitment to each other

Marriage requirements

If married:

• the marriage must be legally valid under Australian law
• both parties must be validly identified
• the relationship must still be genuine and continuing

De facto requirements

If de facto:

• usually at least 12 months in a de facto relationship before applying
• unless an exemption applies, such as a registered relationship under relevant Australian state or territory law

Sponsor eligibility

The sponsor is usually:

• an Australian citizen
• an Australian permanent resident
• an eligible New Zealand citizen

The sponsor must generally:

• be approved as a sponsor
• meet character-related sponsorship rules
• not be barred by certain sponsorship limitations
• undertake obligations under sponsorship rules

Sponsorship limitations

Official rules include restrictions in some cases, for example where the sponsor:

• has sponsored previous partners too many times
• sponsored another partner within a restricted period
• has certain serious criminal convictions, especially involving children or family violence concerns, unless legal exceptions apply

Health requirements

Applicants and, in some cases, family members may need health examinations if requested.

Character requirements

Applicants aged 16 or over may need police clearances and must satisfy character requirements.

Biometrics

Biometrics are required only if specifically requested and depending on nationality or place of application processing.

Insurance

There is no general stand-alone requirement that every 820/801 applicant hold private health insurance as a visa criterion. However, practical healthcare access and Medicare eligibility can vary. Some applicants become eligible for Medicare after lodgement or grant depending on status and reciprocal arrangements. This is an area readers should verify directly.

Intent requirements

This is not a classic “temporary stay” visa. The applicant does not need to prove intent to leave Australia after a short visit. This is a settlement-oriented visa.

Residency outside Australia

Not required.

Quotas, caps, ballot

Australia manages migration program planning levels, but the 820/801 is not a points-invitation ballot visa. Processing may still be affected by program settings and caseloads.

Embassy-specific rules

Because this is an onshore application, embassy variation is less central than for offshore visas. However, biometrics collection sites, police certificate formats, and health exam logistics can vary by country and location.

Special exemptions

Possible examples include:

• exemption from the 12-month de facto requirement where the relationship is officially registered under an Australian state or territory law
• waiver possibilities for some “No Further Stay” conditions in limited cases, but not always

Warning: If your current visa has condition 8503, 8534, or 8535, do not assume you can apply onshore. Check whether a waiver is possible before planning an 820/801 application.

6. Who is NOT eligible / common refusal triggers

Ineligibility factors

You may be ineligible or face refusal risk if:

• you are not in Australia at the time required for lodgement
• you are not in a legally recognized spouse or de facto relationship
• your relationship is not genuine and continuing
• your sponsor is not eligible
• your current visa bars onshore application
• you fail health or character requirements
• you provide false, inconsistent, or unverifiable documents

Common refusal triggers

Interview mistakes

If interviewed, common problems include:

• memorized or unnatural answers
• inconsistent relationship timeline
• inability to explain living arrangements
• unclear answers about finances, family knowledge, or future plans

7. Benefits of this visa

Main benefits of Subclass 820

• live in Australia while the permanent stage is processed
• work in Australia
• study in Australia
• usually travel to and from Australia while the visa remains valid
• possible access to Medicare depending on eligibility rules

Main benefits of Subclass 801

• permanent residence in Australia
• indefinite stay
• work and study rights
• eventual pathway to citizenship if eligibility rules are later met
• ability to sponsor certain eligible family members in future, subject to law and eligibility
• stronger long-term settlement rights

Family benefits

Eligible dependent children can sometimes be included.

Travel flexibility

The 820 generally allows travel while valid. The 801 is permanent, but like other Australian permanent visas, the travel facility is not permanent forever. Re-entry after the travel facility expires may require a Resident Return Visa unless you become an Australian citizen.

8. Limitations and restrictions

Key limitations

• 820 is temporary, not yet permanent residence
• sponsorship remains central to the application
• relationship scrutiny is substantial
• the 801 stage usually requires later evidence and reassessment
• travel rights under permanent residence are not unlimited forever without regard to the travel facility period
• visa holders must obey Australian laws and visa conditions

Sponsor dependence

Your eligibility is closely tied to the relationship and sponsor, especially at the temporary stage.

Reporting obligations

Applicants should keep Home Affairs updated about:

• address changes
• passport changes
• relationship changes
• birth of a child
• major identity changes

No automatic public benefits guarantee

Some social security and public benefit access may be restricted or subject to waiting periods and separate laws.

9. Duration, validity, entries, and stay rules

Subclass 820

• Temporary visa
• Usually remains in effect while the permanent stage is pending, unless canceled or otherwise ceased
• Generally allows multiple travel

Subclass 801

• Permanent visa for residence purposes
• Includes a travel facility for a limited period, typically linked to the date of grant under general Australian permanent visa practice
• After the travel facility expires, the holder may stay in Australia as a permanent resident, but re-entry after travel can become difficult without a Resident Return Visa

When the clock starts

For the 801 stage, Home Affairs generally assesses eligibility after a set period from the date the combined application was lodged, unless a waiver/accelerated permanent grant applies in certain circumstances.

Typical transition timing

In many cases, applicants are assessed for 801 about 2 years after lodging the combined 820/801 application. However, exact timing and exceptions vary.

Bridging visa

If you apply in Australia while holding a substantive visa, you may receive a Bridging Visa A associated with the pending application. It usually becomes active when your current substantive visa ceases.

Overstay consequences

If you become unlawful, this can create serious complications for partner migration and future visas. Seek proper advice quickly if status problems arise.

10. Complete document checklist

Document needs vary heavily by case. Always use the official document checklist generated in ImmiAccount and relevant Home Affairs guidance.

A. Core documents

B. Identity/travel documents

• current passport biodata page
• national ID card if applicable
• birth certificate
• change of name documents
• previous passports if relevant
• passport-style photographs if requested

Common mistake: Uploading only the passport biodata page and not prior identity or name-change records when needed.

C. Financial documents

Relationship-related financial evidence may include:

• joint bank statements
• shared bills
• lease or mortgage records
• insurance showing each other as beneficiary
• evidence of shared expenses
• tax-related records if relevant

This visa does not usually have a simple minimum personal funds threshold like a visitor visa. Financial evidence is more often used to prove the relationship and practical living arrangements.

D. Employment/business documents

Useful if relevant:

• employment letters
• payslips
• tax documents
• business registration records
• superannuation beneficiary records
• evidence of shared business or financial commitments

E. Education documents

Usually not central unless needed for identity, timeline, or dependent child matters.

F. Relationship/family documents

This is the heart of the case.

Possible evidence includes:

• marriage certificate
• proof of registered relationship
• joint lease
• joint utility bills
• shared bank accounts
• photos over time
• travel evidence together
• statements from family/friends, often on Form 888
• birth certificates of shared children
• communication records if apart
• evidence of future plans together
• wills, emergency contact records, superannuation nominations

G. Accommodation/travel documents

• lease agreements
• property ownership records
• correspondence addressed to both parties
• travel bookings/history showing trips together

H. Sponsor/invitation documents

Sponsor typically provides:

• proof of Australian citizenship, permanent residence, or eligible New Zealand status
• identity documents
• sponsorship application
• police checks if required
• statements about the relationship
• evidence of residence in Australia if relevant

I. Health/insurance documents

• health examination results if requested
• health declarations
• evidence relevant to Medicare or insurance if useful, though not usually a core mandatory visa checklist item on its own

J. Country-specific extras

May include:

• military records
• household registration
• national police certificates
• divorce judgments
• adoption records
• custody orders

K. Minor/dependent-specific documents

• birth certificates
• adoption papers if applicable
• school records if useful
• custody orders
• consent forms from non-migrating parent if required
• identity documents

L. Translation / apostille / notarization needs

Documents not in English generally need English translations. Home Affairs guidance should be checked carefully for who can translate and whether certification is required.

Do not assume apostille is always required. It often is not a blanket Home Affairs rule for every civil document, but local authenticity concerns can still arise.

M. Photo specifications

Check the latest official photo guidance if requested. Australia’s digital systems often rely more on scans and identity documents, but passport-style photos may still be required in some cases.

Pro Tip: Use a single evidence index and label each file by category and date range. This makes the genuineness assessment much easier for the officer.

11. Financial requirements

Is there a minimum funds rule?

Unlike many visitor or student visas, the 820/801 does not generally operate on a simple published minimum bank balance requirement.

What financial evidence is actually used for

Financial evidence in partner cases is mostly used to prove:

• shared life
• mutual commitment
• joint responsibilities
• household arrangements
• capacity to explain how you live together

Sponsor income threshold?

For the standard 820/801 partner route, there is no general public rule equivalent to a universal minimum sponsor salary threshold in the way some countries use for spouse visas. However, the sponsor must be eligible and may need to meet sponsorship obligations.

Acceptable financial proof

Useful evidence can include:

• joint account statements
• transfers between partners with explanation
• shared rent or mortgage
• joint insurance
• tax returns
• utility payments
• evidence of financial support during separation periods

Hidden costs

Applicants should budget for:

• visa application charge
• police certificates
• health exams
• translations
• document certification
• travel for health checks or biometrics
• possible legal advice

Currency issues

If using foreign financial records, provide:

• clear statements
• English translation if required
• short explanation of currency and account ownership if not obvious

12. Fees and total cost

Fees change. Always check the latest official fee page before lodging.

Main government charge

The Partner visa application charge is high by global standards and is one of the most significant Australian family migration fees. The exact amount changes over time.

Typical cost components

Fee advice

Because the exact visa application charge changes and can be indexed, the safest accurate advice is:

Check the latest official fee estimator and visa page before applying.

Warning: Australian visa application charges are usually not refunded just because the visa is refused.

13. Step-by-step application process

1. Confirm correct visa

Make sure you need the onshore partner route, not 309/100 or subclass 300.

2. Check your current visa conditions

Before anything else, check whether your current visa has a condition such as:

• 8503 No Further Stay
• 8534
• 8535

These can block an onshore application.

3. Gather relationship and identity documents

Prepare evidence across all relationship aspects:

• financial
• household
• social
• commitment

4. Create or log in to ImmiAccount

Applications are generally lodged online through ImmiAccount.

5. Complete the visa application

Answer all questions carefully and consistently.

6. Sponsor completes sponsorship steps

The sponsor must complete required sponsorship-related processes.

7. Pay the visa application charge

Payment is usually made online at lodgement.

8. Submit the application

Once validly lodged, you may receive a bridging visa if eligible.

9. Upload supporting documents

Upload all documents clearly and in an organized way.

10. Complete biometrics if requested

Only if instructed.

11. Complete health examinations if requested

Follow official instructions and use approved panel physicians.

12. Provide police certificates

From relevant countries as required.

13. Respond to further information requests

If Home Affairs asks for more evidence, respond by the deadline.

14. Receive 820 decision

If successful, you receive the temporary partner visa.

15. Wait for 801 stage contact or eligibility timing

Usually around two years from original lodgement, though this varies.

16. Provide updated evidence for 801

You may be asked to submit new evidence proving the relationship is still genuine and continuing.

17. Receive 801 decision

If approved, you become a permanent resident.

14. Processing time

Official processing times

Australia publishes visa processing times through official channels. These change regularly and should be checked on the official processing time page.

What affects timing

• completeness of application
• quality of relationship evidence
• responsiveness to requests
• character checks
• health checks
• country-specific police certificate delays
• sponsor issues
• caseload and program demand

Priority options

There is no standard public premium processing route for the 820/801 comparable to some countries’ spouse visas.

Practical expectations

The 820 stage can take a long time. The 801 stage is normally assessed later, usually around the two-year mark from combined application lodgement unless an exception applies.

15. Biometrics, interview, medical, and police checks

Biometrics

• Not every applicant is asked
• If required, Home Affairs will instruct you
• Requirement depends on nationality, location, and case settings

Interview

An interview is not guaranteed in every case. Some cases are decided on paper; others are interviewed if clarification is needed.

Typical topics:

• relationship history
• when and how you met
• cohabitation
• family knowledge of the relationship
• finances
• daily life
• future plans

Medical

Health examinations may be required. Follow Home Affairs instructions and attend a panel physician.

Police checks

Police certificates are commonly required for applicants aged 16 or over, and in some cases for sponsors depending on sponsorship requirements. Requirements depend on where you have lived and for how long.

16. Approval rates / refusal patterns / practical reality

Official visa grant and program statistics may exist at a broad program level, but exact public approval-rate percentages specifically for 820/801 are not always presented in a simple applicant-facing format. Do not rely on unofficial percentages.

Practical refusal patterns

Refusals commonly arise from:

• weak evidence of a genuine and continuing relationship
• inconsistent statements
• sponsorship ineligibility
• missing police or health requirements
• prior undisclosed immigration history
• legal barriers such as invalid visa status or no-further-stay issues

17. How to strengthen the application legally

Build evidence across all four relationship aspects

Do not submit only photos and chats. Include evidence of:

• joint finances
• shared home
• social recognition
• long-term commitment

Write a clean relationship timeline

Prepare a dated chronology covering:

• how you met
• when relationship became serious
• when you started living together
• major trips
• engagement or marriage
• children
• future plans

Explain gaps honestly

If you lived apart, had little joint banking, or had cultural reasons for limited public evidence, explain it clearly and support it with alternative documents.

Use Form 888 properly

Statements from Australian citizens or permanent residents who know the relationship can be useful if completed correctly.

Match every claim with evidence

If you say you lived together since a certain date, show:

• lease
• bills
• mail
• bank statements
• photos from that period

Address previous refusals openly

If either partner has visa refusals, overstays, or prior marriages, disclose them accurately and explain them.

Keep documents readable

Poor scans slow down decisions and create doubt.

18. Insider tips, practical hacks, and smart applicant strategies

Legal Tips and Common Applicant Strategies

Organize evidence by theme, not just by file dump

Create folders or PDFs for:

• Identity
• Relationship timeline
• Financial evidence
• Household evidence
• Social evidence
• Commitment evidence
• Sponsor documents
• Police/health

Front-load strong evidence

Put the strongest documents first:

• marriage certificate or registered relationship proof
• joint lease
• joint bank account
• shared children’s birth certificates
• Form 888 declarations
• dated photos over time

Explain large bank deposits

If one partner transferred a large amount or there was a wedding gift deposit, add a note. Unexplained transactions can create confusion.

Use concise written statements

A good statement is better than a dramatic one. Focus on facts, dates, living arrangements, and future plans.

Keep ongoing evidence after lodgement

You will likely need updated evidence at the 801 stage. Keep collecting:

• new leases
• bills
• photos
• travel records
• tax and bank documents

Contact Home Affairs only when necessary

Useful reasons to update or contact include:

• passport change
• address change
• relationship change
• child birth
• major document submission issue

Avoid repeated status-chasing messages if the application is still within normal processing expectations.

19. Cover letter / statement of purpose guidance

A formal cover letter is not always mandatory, but it is often helpful.

When it helps most

• complex relationship history
• periods of long-distance relationship
• prior refusals
• limited cohabitation evidence
• blended families
• unusual document circumstances

Suggested structure

1. Applicant and sponsor identification
2. Visa sought
3. Short summary of relationship
4. Timeline of key dates
5. Evidence overview by category
6. Explanation of any weak points
7. Confirmation that relationship is genuine and continuing
8. List of attachments

What not to do

• do not exaggerate
• do not hide issues
• do not copy generic templates blindly
• do not argue emotionally instead of proving facts

20. Sponsor / inviter guidance

Who can sponsor?

Usually:

• Australian citizen
• Australian permanent resident
• eligible New Zealand citizen

Sponsor obligations

Sponsors must comply with legal sponsorship obligations. These can include support-related responsibilities and cooperation with the Department.

Sponsor documents

Commonly needed:

• passport
• Australian citizenship certificate or PR proof
• birth certificate if relevant
• police checks if requested
• statement of relationship
• evidence of contact/shared life

Sponsor mistakes

• assuming sponsor approval is automatic
• hiding criminal history
• giving timeline inconsistent with applicant’s version
• ignoring previous sponsorship history

21. Dependents, spouse, partner, and children

Can dependents be included?

Yes, eligible dependent children can often be included.

Who qualifies?

This depends on the legal definition of dependent child and the timing of application. Check the latest Home Affairs policy and visa instructions.

Proof required

• birth certificates
• adoption papers if relevant
• custody/consent documents
• evidence of dependency where required
• identity records

Minors and custody issues

If a child has another living parent with rights, additional consent or legal orders may be required.

Partner definition rules

Australia recognizes:

• opposite-sex and same-sex spouses
• opposite-sex and same-sex de facto partners

Marriage vs unmarried partner evidence

• Married couples still need to show the relationship is genuine and continuing
• De facto couples generally need more evidence of shared life and usually must meet the 12-month rule unless exempt

22. Work rights, study rights, and business activity rules

Work rights

820 and 801 holders can work in Australia.

Self-employment

Generally allowed, subject to normal business, tax, licensing, and regulatory laws.

Remote work

Allowed because the visa itself carries work rights.

Internships and volunteering

Usually possible if lawful and consistent with general Australian laws.

Side income and passive income

Generally not prohibited by the visa itself, but tax and licensing rules may apply.

Study rights

Study is allowed on both 820 and 801.

Business activity

Ordinary lawful business activity is generally possible, but separate sector-specific licenses may still be needed.

23. Travel rules and border entry issues

Entry clearance vs final admission

Even with a visa grant, border officers retain authority to assess identity and admissibility at entry.

Documents to carry

Carry access to:

• passport
• evidence of visa grant if available
• sponsor contact details
• evidence of address in Australia
• any recent update documents if traveling during processing

Re-entry after travel

• 820 generally allows travel while valid
• 801 allows re-entry while its travel facility remains valid
• after travel facility expiry, consider Resident Return Visa if not yet an Australian citizen

Passport transfer to new passport

Australian visas are electronic. If you get a new passport, update your passport details with Home Affairs.

Dual passports

Use care to keep identity records consistent across all documents and travel.

24. Extension, renewal, switching, and conversion

Can 820 be extended?

Not in the ordinary sense. It is a temporary stage leading to 801.

Can 801 be renewed?

Permanent residence itself is not “renewed” like a temporary visa, but the travel facility attached to the permanent visa can expire. A Resident Return Visa may later be needed for travel.

Switching visas

Possible in some cases before grant, but switching strategy is case-specific and can affect bridging visas and processing. Do not change course without understanding consequences.

Changing sponsor

This is highly sensitive. A partner visa is relationship-based, not employer-based. If the relationship ends before grant, the application can be at risk unless a legal exception applies, such as certain family violence provisions or child-related circumstances.

Bridging and status

Bridging visa arrangements can be critical if your previous visa expires after lodgement.

25. Permanent residency and citizenship pathway

Does 820 count toward PR?

820 is the temporary step toward permanent residence through 801.

Does 801 give PR?

Yes. Subclass 801 is a permanent visa.

Citizenship pathway

After holding permanent residence and meeting the general citizenship rules, including lawful residence requirements and other criteria, an 801 holder may later be eligible to apply for Australian citizenship.

Important nuance

Citizenship is not automatic after 801 grant. Separate rules apply, including residence rules and character requirements.

26. Taxes, compliance, and legal obligations

Tax

If you live and work in Australia, you may become an Australian tax resident under tax law. Tax residency is a separate legal question from visa status.

Compliance duties

You should:

• obey all visa conditions
• update Home Affairs with major changes
• comply with Australian tax law
• comply with state or territory laws
• keep identity documents current

Health coverage

Medicare eligibility can depend on visa stage and reciprocal arrangements. Verify your eligibility directly with official Australian authorities.

27. Country-specific or nationality-specific exceptions

General rule

There is no broad nationality quota or nationality-only version of 820/801.

What can vary by nationality?

• biometrics requirements
• police certificate process
• local civil document formats
• translation requirements
• health exam logistics
• identity verification complexity

Eligible New Zealand citizen sponsor issue

This is not nationality-specific for the applicant, but sponsor status matters. Not every New Zealand citizen qualifies as an eligible New Zealand citizen for sponsorship purposes.

28. Special cases and edge cases

Same-sex partners

Recognized.

Prior refusals

Must be disclosed. They do not automatically end the case, but concealment is dangerous.

Overstays

Can seriously complicate the application. Some partner visa pathways still exist in difficult situations, but the legal analysis is fact-specific.

Criminal records

Character issues may affect both applicant and sponsor.

Applying from a third country

Not applicable in the normal sense for this onshore route. The key question is whether you are legally in Australia at application time.

Expired passport with valid visa history

You should update passport information. Prior visa history can still be linked electronically.

Change of name

Provide formal evidence of the change.

Transgender or gender marker mismatch

Provide consistent identity records and explanatory civil documents where needed. If records conflict across jurisdictions, include a short explanation.

Refugees/stateless persons

Possible but document burdens can be complex. Official guidance should be checked carefully.

29. Common myths and mistakes

30. Refusal, appeal, administrative review, and reapplication

What happens after refusal?

You should read the refusal decision carefully. It will state:

• refusal reasons
• whether review rights exist
• deadline for review if available

Administrative review

Some partner visa refusals may carry review rights to the Administrative Review Tribunal under current Australian review structures, depending on the case and law in force at the time.

Deadlines

Deadlines can be strict. Check the refusal notice immediately.

Refunds

Visa application charges are generally not refunded just because the application was refused.

Reapplication

Possible in some cases, but only after understanding:

• why you were refused
• whether legal bars now apply
• whether missing evidence can actually be fixed
• whether review is better than reapplying

Warning: Reapplying with the same weak evidence often leads to the same result.

31. Arrival in Australia: what happens next?

For many 820 applicants, they are already in Australia at time of lodgement and often at time of grant. So “arrival” may not be the main issue.

If you travel after grant

At entry, be ready to show:

• passport
• visa status if needed
• sponsor contact details
• Australian address

First practical steps after 820 or 801 grant

• check visa details in VEVO
• update passport details if needed
• arrange Medicare if eligible
• organize tax file number if working
• update employer or education provider records if needed
• keep collecting relationship evidence for the 801 stage

32. Real-world timeline examples

Example 1: Visitor in Australia marrying Australian citizen

• Month 0: checks current visitor visa conditions
• Month 1: marries, gathers evidence
• Month 2: lodges 820/801 if eligible onshore
• Month 2+: receives bridging visa linked to application
• Month 8–24+: 820 decided depending on processing
• Around 2 years from lodgement: asked for updated 801 evidence
• Later: 801 granted

Example 2: De facto student visa holder

• Already living together in Australia
• Collects 12 months of de facto evidence or registered relationship proof
• Lodges onshore
• Keeps studying/working under existing or bridging arrangements
• Later receives 820
• Later still, 801 after updated evidence

Example 3: Couple with child

• Child included as dependent if eligible
• Extra custody/identity documents prepared
• More complex evidence package
• Similar two-stage timeline

33. Ideal document pack structure

Suggested file naming

Use simple names like:

• 01_Applicant_Passport.pdf
• 02_Sponsor_Passport_and_Status.pdf
• 03_Relationship_Timeline.pdf
• 04_Marriage_Certificate.pdf
• 05_Joint_Lease_2024-2025.pdf
• 06_Joint_Bank_Statements_Jan-Jun_2025.pdf
• 07_Form_888_Witness_1.pdf

Best structure

1. Index
2. Identity documents
3. Sponsor documents
4. Relationship timeline statement
5. Financial evidence
6. Household evidence
7. Social evidence
8. Commitment evidence
9. Children/dependents
10. Police/health
11. Miscellaneous explanations

Scan quality tips

• color scans where useful
• full pages, not cropped corners
• readable file size
• consistent orientation
• combine related short documents into one PDF

34. Exact checklists

Pre-application checklist

• confirm onshore eligibility
• check no-further-stay conditions
• confirm sponsor eligibility
• gather identity documents
• gather relationship evidence in four categories
• prepare translations
• plan for police certificates
• review prior immigration history disclosures

Submission-day checklist

• forms completed consistently
• sponsor details match applicant details
• fee ready
• core evidence uploaded
• passport valid
• current Australian address accurate

Biometrics/interview-day checklist

• appointment confirmation
• passport
• request letter
• originals or copies if instructed
• calm, factual timeline review

Arrival checklist

• verify visa in VEVO
• organize Medicare if eligible
• get tax file number if working
• keep evidence for 801 stage

Extension/renewal checklist

Not applicable in the normal temporary-visa-renewal sense for 820. For 801 holders, later check travel facility expiry and Resident Return Visa needs.

Refusal recovery checklist

• read refusal reasons line by line
• check review rights and deadline
• preserve all submitted documents
• identify factual gaps
• avoid rushed reapplication without strategy

35. FAQs

1. Do I apply separately for 820 and 801?

Usually you lodge one combined partner visa application onshore, then move through the two stages.

2. Must I be in Australia to apply?

Yes, this is the onshore partner route, so you generally must be in Australia at lodgement.

3. Must I be in Australia when 820 is decided?

Generally yes, check the latest official rule on decision location.

4. Can I apply while on a visitor visa?

Sometimes yes, but not if blocked by certain visa conditions such as 8503 unless waived.

5. What is condition 8503?

A “No Further Stay” condition that can stop most onshore visa applications.

6. Can a de facto partner apply without being married?

Yes, if the de facto relationship meets legal requirements.

7. Do we need to have lived together for 12 months?

Usually yes for de facto, unless an exemption such as registered relationship applies.

8. Is a registered relationship enough by itself?

It can help meet the de facto timing rule exemption, but you still must prove the relationship is genuine and continuing.

9. Can same-sex couples apply?

Yes.

10. Can I work while waiting for the decision?

If your 820 application is validly lodged and your bridging visa comes into effect, work rights depend on the active visa conditions. Many partner applicants ultimately have work rights through the bridging visa arrangement, but verify the exact bridging visa conditions.

11. Can I travel while waiting?

Possibly, but check your bridging visa type. A Bridging Visa A generally does not allow return travel unless you obtain a Bridging Visa B before leaving.

12. Is there an interview?

Not always. Some cases are decided without interview.

13. What kind of photos should we provide?

Dated relationship photos across different times and settings are more useful than many studio-style photos from one day.

14. Are chat logs enough?

No. They help, especially during periods apart, but should not be the only evidence.

15. Does the sponsor need a minimum salary?

There is no general published universal salary threshold for this visa like some countries use for spouse visas.

16. Can I include my child?

Often yes, if the child is eligible and properly documented.

17. What if we married very recently?

Recent marriage is not fatal, but you still need strong evidence the relationship is genuine and continuing.

18. What if we have lived apart because of work or study?

Explain why and provide communication, travel, and commitment evidence.

19. How long does 820 take?

Check official processing times; they change often.

20. When is 801 assessed?

Usually about two years after the original application date, unless an exception applies.

21. Can 801 be granted faster?

In some limited cases, the permanent stage may be granted sooner, such as where there is a long-term relationship at the time of application. Check current Home Affairs guidance.

22. What happens if the relationship ends?

The application may be at risk, but some exceptions can apply, including certain family violence and child-related provisions.

23. Do prior visa refusals ruin my case?

Not automatically, but they must be disclosed.

24. Is the fee refundable if refused?

Usually no.

25. After 801, do I still need another visa to travel?

Not immediately, but after the permanent visa travel facility expires, you may need a Resident Return Visa to re-enter Australia easily if you have traveled abroad.

26. Can I switch from 820/801 to a work visa?

Possibly in some cases, but that is a strategic decision and can affect your immigration position.

27. What if my sponsor has a criminal record?

It may affect sponsorship approval, especially for serious relevant offences.

28. Can I apply if I am unlawful?

This is complex and risky. Some partner cases may still proceed under special legal provisions, but urgent professional advice is often sensible.

29. Do all documents need translation?

Documents not in English generally need translation.

30. Can I lodge paper forms instead of online?

Online lodgement through ImmiAccount is the standard route in most cases. Check if any exceptional paper process applies.

36. Official sources and verification

Below are official sources readers should use to verify current rules, forms, fees, processing, and procedural details.

Primary official sources

• Department of Home Affairs — Partner visa (subclass 820):
  https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-820

• Department of Home Affairs — Partner visa (subclass 801):
  https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/permanent-801

• Department of Home Affairs — Visa pricing estimator / fees:
  https://immi.homeaffairs.gov.au/visas/visa-pricing-estimator

• Department of Home Affairs — Visa processing times:
  https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times

• Department of Home Affairs — ImmiAccount:
  https://online.immi.gov.au/lusc/login

• Department of Home Affairs — Supporting documents for Partner visas:
  https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-820#HowTo

• Department of Home Affairs — Family violence and partner visa information:
  https://immi.homeaffairs.gov.au/visas/domestic-family-violence-and-your-visa

• Department of Home Affairs — Form 888 information / forms page:
  https://immi.homeaffairs.gov.au/form-listing/forms

• Department of Home Affairs — Bridging visas:
  https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/bridging-visa-a-010

• Department of Home Affairs — VEVO:
  https://immi.homeaffairs.gov.au/visas/already-have-a-visa/check-visa-details-and-conditions/check-conditions-online

Law and policy sources

• Federal Register of Legislation — Migration Regulations 1994:
  https://www.legislation.gov.au/Series/F1996B03551

• Federal Register of Legislation — Migration Act 1958:
  https://www.legislation.gov.au/Series/C1958A00062

37. Final verdict

The Australia Partner Visa (Subclass 820/801) is the main onshore family migration route for genuine spouses and de facto partners of eligible Australian sponsors.

Best for

• married couples in Australia
• de facto couples in Australia
• temporary residents who have formed a genuine long-term relationship and want to settle together in Australia

Biggest benefits

• work rights
• study rights
• pathway to permanent residence
• possible long-term path to citizenship
• family unity in Australia

Biggest risks

• weak relationship evidence
• sponsor ineligibility
• no-further-stay visa conditions
• inconsistent timelines
• underestimating the 801 follow-up stage

Top preparation advice

• check current visa conditions first
• build evidence across all four relationship areas
• disclose everything honestly
• keep collecting evidence after lodgement
• verify fees and processing times on official pages just before applying

When to consider another visa

• if you are outside Australia, consider 309/100
• if you are engaged but not yet eligible as spouse/de facto, consider subclass 300 if appropriate
• if your purpose is mainly study, work, or tourism without a qualifying partner relationship, use the correct non-partner route instead

Information gaps or items to verify before applying

Before applying, verify the following because they can change or vary by case, nationality, location, or updated policy:

• latest visa application charge and dependent charges
• current official processing times for 820 and 801
• whether your current visa has condition 8503, 8534, or 8535
• whether any waiver of no-further-stay is possible in your case
• current biometrics requirements based on nationality and location
• exact police certificate countries and validity expectations
• whether you or your sponsor need updated police checks at a later stage
• whether your de facto relationship qualifies for a 12-month exemption through state/territory registration
• whether your sponsor is legally an eligible New Zealand citizen if applicable
• whether your child qualifies as a dependent under current rules
• any current policy affecting long-term relationship direct progression to permanent stage
• Medicare eligibility at your stage of application or grant
• current review rights body and deadlines stated in any refusal notice
• travel implications if you hold a Bridging Visa A and need to leave Australia
• latest rules for Resident Return Visa if planning long-term travel after 801 grant