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Partner Visa (Subclass 820/801)

Build Your Future Together in Australia

Our registered migration agents guide you through every step of the 820/801 partner visa process—from eligibility to permanent residency.

Updated December 2025 · 12 min read min read

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Why Choose Us for Your Partner Visa?

We combine deep expertise in partner visa applications with genuine care for your relationship and future together in Australia.

Fixed, Transparent Fees

No hidden costs or surprise charges. You'll receive a clear written quote before we begin, with flexible payment plans available.

High Success Rate

Our thorough approach and decision-ready applications result in consistently strong outcomes for our partner visa clients.

Clear, Proactive Communication

Regular updates in plain English, so you always know where your application stands and what happens next.

About the Partner Visa (Subclass 820/801)

The onshore partner visa pathway (subclasses 820 and 801) allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live permanently in Australia.

This is a two-stage visa: you first receive a temporary partner visa (subclass 820), and then approximately two years later, the permanent partner visa (subclass 801). Both stages are lodged together in a single application, and a single government fee covers both stages.

With the partner visa you can:

  • Live in Australia indefinitely (once permanent visa is granted)
  • Work in Australia without restriction
  • Study in Australia
  • Travel freely in and out of Australia
  • Access Medicare (Australia's public healthcare system)
  • Apply for Australian citizenship after meeting residence requirements
  • Sponsor eligible family members to migrate to Australia

Subclass 820/801 (Onshore)

  • Must be in Australia when you apply
  • Live and work in Australia while waiting
  • Temporary visa (820) granted first, then permanent (801) ~2 years later
  • This guide focuses on this pathway

Subclass 309/100 (Offshore)

  • Must be outside Australia when you apply
  • Wait for the temporary visa (309) outside Australia
  • Different processing times and requirements
Learn about offshore pathway →

Not sure which pathway is right for you?

Book a free consultation and we'll assess your situation and recommend the best approach.

Book Free Consultation

Benefits of the Partner Visa

The partner visa pathway lets genuine couples build their life together in Australia without the stress of temporary visa restrictions.

820With the Temporary 820 Visa

  • Live in Australia while your permanent 801 visa is processed (usually ~2 years)
  • Work in Australia without any restrictions or conditions
  • Study in Australia (you'll pay international student fees unless you have a separate domestic fee entitlement)
  • Travel freely in and out of Australia while your visa is valid
  • Access Medicare for covered medical and hospital services
  • Include dependent children in your application

801With the Permanent 801 Visa

  • Live in Australia indefinitely as a permanent resident
  • Work and study without any visa-related restrictions
  • Pay domestic student fees at eligible Australian institutions
  • Full Medicare access and enrollment in public healthcare programs
  • Access Centrelink benefits (subject to waiting periods for some payments)
  • Sponsor family members to migrate to Australia
  • Apply for Australian citizenship after meeting residence requirements
  • Travel internationally with a 5-year travel facility (renewable via Resident Return Visa)

Who Is the Partner Visa For?

The 820/801 partner visa is designed for people who are in a genuine, ongoing relationship with an eligible Australian partner and are able to apply from inside Australia.

Core Eligibility Criteria at a Glance

  • You are married to or in a de facto relationship with an eligible Australian citizen, permanent resident, or eligible New Zealand citizen
  • You are usually at least 18 years old (with limited exceptions for minors)
  • You are in Australia when you apply and when a decision is made on your 820 visa
  • Your relationship is genuine and continuing and you live together (or do not live apart on a permanent basis)
  • Your partner is willing and eligible to sponsor you
  • You meet health requirements (medical examination by panel doctor)
  • You meet character requirements (police checks from every country where you've lived 12+ months)
  • You do not have significant debts to the Australian government, or you have arrangements in place to repay them
  • You have signed the Australian values statement
  • Any dependent children included in your application meet health, character, and other requirements

Important: Same-sex couples are eligible for partner visas on exactly the same terms as opposite-sex couples.

Can You Apply from Inside Australia?

Before applying onshore for an 820/801 partner visa, you need to consider several important visa status and history requirements.

Previous Visa Cancellations or Refusals

If you've had a visa cancelled or an application refused in Australia, stricter rules may apply. You might only be able to apply if you meet special Schedule 3 criteria.

What to do: If you have a refusal or cancellation history, book a consultation before applying.

"No Further Stay" Conditions (8503)

Some visas include condition 8503, which prevents you from applying for most other visas while in Australia. You'll need to apply for a waiver before lodging a partner visa.

What to do: Check your visa conditions using VEVO. If you have 8503, we can help you apply for a waiver.

Holding Certain Provisional or Regional Visas

If you hold certain provisional or regional visas (475, 487, 489, 491, or 494), special rules may apply. You might need to have held that visa for 2-3 years first.

What to do: Confirm with us whether you're currently eligible to apply onshore.

Substantive Visa Requirement

In most cases, you must hold a substantive visa (not a bridging visa) when you lodge. If you don't, you may only be able to apply with compelling and compassionate reasons.

What to do: If your visa is about to expire, seek advice urgently.

⚠️

Get Advice Before You Apply

Visa status and history issues are one of the most common reasons partner visa applications are refused or delayed. If you're unsure about any of these requirements, book a strategy consultation before you lodge your application.

Is Your Relationship Eligible?

To be eligible for a partner visa, you must be in a genuine and continuing relationship with your sponsor. The Department recognizes two types: marriage and de facto relationships.

Marriage

If you are legally married to your partner, your relationship is generally eligible, provided the marriage is:

  • Recognized as valid under Australian law
  • Between two people who both freely consented to marry
  • Between two people who were both at least 18 at the time (with exceptions for 16-17 with consent)
  • Genuine and continuing

You'll need to provide a copy of your marriage certificate and evidence that your relationship is genuine and continuing.

De Facto Relationship

A de facto relationship is between two people (regardless of sex) who:

  • Are not married to each other
  • Are not related by family
  • Have a mutual commitment to a shared life to the exclusion of all others
  • Have a relationship that is genuine and continuing
  • Live together or do not live separately and apart on a permanent basis

12-Month Rule: Generally, you must have been living together for at least 12 months immediately before you apply.

Exceptions to the 12-Month Requirement

You may not need to meet the 12-month requirement if:

Registered Relationship

Your relationship is registered with an Australian state or territory relationship register

Child Together

You have a biological or adopted child together

Compelling Circumstances

There are compelling and compassionate circumstances (rare and case-specific)

💡 Tip: If you've been together for less than 12 months and want to apply sooner, registering your relationship is often the simplest solution.

Sponsorship for the Partner Visa

Every partner visa application requires an eligible sponsor—the Australian citizen, permanent resident, or eligible New Zealand citizen you're in a relationship with.

Who Can Sponsor You?

Your sponsor must:

  • Be an Australian citizen, permanent resident, or eligible NZ citizen
  • Be at least 18 years old
  • Be your spouse or de facto partner
  • Be willing to support you and any dependent children
  • Meet character requirements (including police checks)

Sponsorship Limits & History

A person can generally only sponsor:

  • Two partner/spouse visa applicants in their lifetime
  • Mandatory 5-year gap between sponsorships (limited exceptions)

Your sponsor may not be able to sponsor you if they were previously sponsored and it was granted less than 5 years ago, or they have serious convictions.

Sponsorship Obligations

When your partner sponsors you, they agree to:

Provide financial support, accommodation, and assistance with welfare and health needs for the first 2 years

Notify the Department if the relationship ends or if there are significant changes

Repay any social security payments made to you during the sponsorship period, if requested

Sponsorship obligations generally end 2 years after the temporary 820 visa is granted—even if the permanent 801 visa is granted sooner through the "double grant" pathway.

Partner Visa Evidence & Document Checklist

A large proportion of partner visa refusals occur because the evidence is inconsistent, incomplete, or poorly organized. More evidence—properly structured and explained—leads to stronger applications.

Identity & Personal Documents

For You (the Applicant)

  • Passport biographical pages (current and expired)
  • Birth certificate
  • National identity card (if applicable)
  • Change of name documents (if applicable)
  • Marriage certificate (if married)
  • Divorce orders or death certificate for any previous relationships

For Your Partner (the Sponsor)

  • Passport or Australian citizenship certificate
  • Birth certificate
  • Evidence of Australian permanent residence (if not a citizen)
  • Change of name documents (if applicable)
  • Divorce orders or death certificate for any previous relationships

💡 Tip: All non-English documents must be translated by a NAATI-accredited translator. Scan documents in color at high resolution (at least 300 DPI) for clarity.

Partner Visa 820/801 Application Process

The partner visa application process has four main stages. Here's what to expect and how we guide you through each step.

1

Strategy & Eligibility Check

We review your circumstances, identify risks, and create a clear roadmap for your application.

2

Prepare Your Documents

Gather identity documents, write relationship statements, collect evidence across all four aspects.

3

Lodge Your Application

We lodge through ImmiAccount, upload documents, and manage all Department communication.

4

After You Apply

Bridging visa granted, respond to requests, wait for 820 decision, then prepare for 801 assessment.

What if Your Application is Refused?

If your temporary 820 visa application is refused, you may have the right to appeal to the Administrative Appeals Tribunal (AAT). Strict time limits apply—usually you must lodge your appeal within 21 days of receiving the refusal decision.

If you receive a refusal or a concerning letter from the Department, contact us immediately.

Costs of the Partner Visa

Here's a complete breakdown of the costs involved in your partner visa application.

Government Application Fees (as at December 2025)

Applicant TypeAmount (AUD)Notes
Main applicant$8,850Covers both 820 and 801 stages
Additional applicant 18 or over$4,430Per person
Additional applicant under 18$2,215Per person
Second stage (subclass 801)$0Already paid with 820 application

Other Expected Costs

  • Health examinations$300–500 per person
  • Police certificates$50–150 per certificate
  • Translations (NAATI)$50–100 per page
  • Document certification$10–50 per document
  • Courier/postage$20–100
Total typical additional costs:$800–$2,000

Our Professional Fees

Our fees are fixed wherever possible and depend on case complexity:

  • Straightforward applicationsfrom $3,500 + GST
  • Moderate complexityfrom $4,500 + GST
  • Complex casesfrom $5,500 + GST

Payment plans: 3–6 month interest-free payment plans available on most partner visa matters.

Partner Visa 820/801 Processing Times

Processing times vary significantly based on program priorities, caseload, and how complete your application is.

Current Processing Time Ranges (December 2025)

25% of applications decided within6 months
50% of applications decided within12–15 months
75% of applications decided within21–24 months
90% of applications decided within36–40 months

These timeframes apply to the temporary 820 stage. The permanent 801 stage is assessed approximately 2 years after your 820 application date.

What Affects Processing Times?

  • Completeness of your application
  • Complexity (health waivers, character issues, etc.)
  • Quality of evidence
  • Department priorities and staffing
  • Time of year you lodge

How We Help Minimize Delays

  • All required documents included from the start
  • Evidence organized with cover sheets and explanations
  • Detailed submissions addressing all criteria
  • Prompt responses to Department requests
  • Strategic timing of application lodgement

Our clients' 820 visas are typically decided within 12–18 months for straightforward cases—faster than the 75th percentile benchmark.

Special Scenarios & Important Considerations

Long-Term Relationships & "Double Grant" of PR

If you've been in a long-term relationship, you may be eligible for both the temporary 820 and permanent 801 visas to be granted together. This means you receive permanent residency immediately.

When does double grant apply?

3 years or more in your relationship at time of application

2 years or more with a dependent child together

Note: Even if you meet the time thresholds, the Department can still grant your visas in two stages if they have concerns. Double grant is discretionary, not automatic.

What Happens if Your Relationship Ends?

If your relationship ends before your partner visa is granted, you must notify the Department. In most cases, the visa will be refused or cancelled.

Important Exceptions

You may still be eligible for a permanent visa if:

Family Violence

You or a dependent child have experienced family violence by your sponsor

Death of Sponsor

Your sponsor has died and you were in a genuine relationship at the time

Dependent Child

You have custody of an Australian citizen, PR, or eligible NZ citizen child

If your relationship has ended or you've experienced family violence, seek legal advice immediately. We can help you understand your options and prepare a case for the Department or the AAT.

Previous Visa Refusals or Cancellations

A previous visa refusal or cancellation doesn't automatically prevent you from getting a partner visa, but it significantly raises the complexity and stakes.

You may need to meet Schedule 3 criteria, address any "3-year exclusion period," and demonstrate you're a genuine applicant whose circumstances won't recur.

⚠️ Don't apply without professional advice. Refusal history cases require detailed submissions, legal argument, and statutory declarations addressing the Department's concerns. We regularly succeed with these applications, but they need to be done right the first time.

Frequently Asked Questions

Clear answers to your partner visa questions—no legal jargon

The government application fee is $8,850 for the main applicant (as of December 2025), which covers both the 820 and 801 stages. Additional applicants 18+ are $4,430 each, and under 18 are $2,215 each. Our professional fees start from $3,500 + GST for straightforward applications, with payment plans available.

Processing times vary significantly. Currently, 25% of applications are decided within 6 months, 50% within 12-15 months, and 75% within 21-24 months. Well-prepared applications with complete evidence typically process faster.

Yes! Once you lodge your application and receive a Bridging Visa A (if eligible), you can work in Australia without restrictions. The temporary 820 visa also includes full work rights.

A double grant means receiving both your temporary 820 and permanent 801 visas at the same time. You may be eligible if you've been in your relationship for 3+ years, or 2+ years with a dependent child together, at the time of application.

You must notify the Department if your relationship ends. However, exceptions exist for family violence, death of sponsor, or if you have custody of an Australian citizen/PR child. We can advise on your specific situation.

No. You can apply as either a married couple or in a de facto relationship. De facto relationships generally require 12 months of cohabitation, though exceptions exist for registered relationships or having a child together.

Absolutely. Same-sex couples are eligible for partner visas on exactly the same terms as opposite-sex couples. We have extensive experience helping LGBTQ+ couples with their applications.

A previous refusal or cancellation doesn't automatically prevent you from getting a partner visa, but it adds complexity. You may need to meet Schedule 3 criteria. We regularly succeed with these applications but recommend professional guidance.

Ready to Start Your Partner Visa Journey?

Book a free consultation with our registered migration agents. We'll assess your eligibility, explain your options, and provide a clear quote—no obligation.

Or email us at info@m2migration.com.au