Partner Visa Australia (Subclass 820/801): A Complete Guide

Introduction

Thinking about building your life in Australia with your partner? You are not alone — the Partner Visa (subclass 820/801) is one of the most applied-for visas in the country, and for good reason. It offers a clear pathway for the spouses and de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live, work, and study in Australia permanently.

But it is also one of the most document-heavy and nuanced visa applications you will encounter. Understanding the two-stage process, eligibility rules, and what the Department of Home Affairs actually looks for can save you months of delay — and potentially thousands of dollars.

This guide walks you through everything you need to know about the Partner Visa (820/801).

What Is the Partner Visa (Subclass 820/801)?

The Partner Visa comes in two linked stages, both applied for at the same time:

• Subclass 820 — the temporary stage, which allows you to live and work in Australia while your permanent visa is being assessed.
• Subclass 801 — the permanent stage, granted (usually after two years) once the Department is satisfied your relationship is genuine and ongoing.

This is an onshore visa, meaning you must be physically in Australia when you apply. If you are currently outside Australia, you would instead apply for the offshore equivalent: the Subclass 309/100 Partner Visa.

Who Is Eligible to Apply?

To be eligible for the Partner Visa (820/801), you must meet all of the following:

You must be in a genuine relationship with an eligible sponsor

Your sponsor must be an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen. The relationship must be a genuine spousal or de facto partnership — not merely a family or domestic arrangement.

Your relationship must meet one of the following criteria

• Married: You and your sponsor are legally married under Australian law or a law recognised in Australia.
• De facto: You have been living together in a genuine de facto relationship for at least 12 months immediately before applying.

You must be of good character and health

You will need to undergo an Australian Federal Police check and, in most cases, a medical examination conducted by an approved panel physician.

You must not be excluded under migration law

Certain prior visa refusals, cancellations, or criminal history may affect eligibility. A migration lawyer can advise you on whether any exclusions apply.

The Two-Stage Application Process

Stage 1: Lodging Your Application (Subclass 820)

You lodge a single application that covers both the temporary (820) and permanent (801) visas simultaneously. At this point you will pay the full visa application charge — which, as of 2024, is $8,850 AUD for the primary applicant.

Once lodged, you will be granted a Bridging Visa A if your current visa expires before a decision is made. This allows you to remain in Australia lawfully and continue working while you wait.

When the Department grants the temporary (820) visa, you are free to live, work, and study in Australia with no restrictions on employment.

Stage 2: Permanent Residency Assessment (Subclass 801)

Typically two years after lodging your original application, the Department will reassess your case to confirm that you are still in a genuine, ongoing relationship, that you continue to meet health and character requirements, and that no adverse information has come to light.

If everything checks out, the Subclass 801 (permanent) visa is granted. You can then live and work in Australia permanently, and you may be eligible to apply for citizenship after a further period.

Key Documents You Will Need

The Partner Visa is evidence-intensive. Strong applications typically include evidence across four categories:

1. Financial aspects of the relationship — joint bank accounts, shared mortgage or rental agreement, shared utility bills, joint insurance policies.
2. Nature of the household — lease or ownership documents showing cohabitation, statutory declarations from both of you about your living arrangements.
3. Social aspects — photos together over time, social media showing you as a couple, evidence of being recognised as a couple by family and friends.
4. Commitment to each other — knowledge of each other's background and family, joint travel, evidence of future plans together.

You will also need passports and proof of identity; the sponsor's citizenship or residency documents; birth certificates (and marriage certificate if applicable); an AFP National Police Check; and Form 888 — statutory declarations from Australian citizens or permanent residents who know you as a couple.

How Long Does It Take?

Processing times for Partner Visas are among the longest in Australia's immigration system. The Subclass 820 (temporary) is currently averaging 20 to 29 months from lodgement. The Subclass 801 (permanent) is assessed approximately two years after the original application, so total end-to-end time can be 3 to 4+ years.

Common Mistakes That Delay or Sink Applications

Insufficient evidence of a genuine relationship

The most common reason for refusal is simply not providing enough evidence. The Department applies a "reasonable person" standard — they want to see a convincing, consistent picture of a real life shared together.

Incorrect sponsor eligibility

If your sponsor is on a temporary visa, a provisional visa, or has citizenship or residency issues of their own, this can derail your application. Confirm eligibility before lodging.

Not notifying the Department of changes

If circumstances change after lodgement — separation, change of address, a new child, criminal charges — you are legally required to notify the Department. Failing to do so can have serious consequences.

Lodging from outside Australia

The Subclass 820 is an onshore visa. If you are outside Australia at the time of grant, you will not receive it. Planning your travel carefully is essential.

Can I Include Family Members?

Yes — secondary applicants (your dependent children, or in some cases other dependants) can be included in your application at the time of lodgement for an additional charge.

Do I Need a Migration Agent or Lawyer?

You are not legally required to use a migration agent or lawyer. However, given the complexity of Partner Visa applications, the volume of evidence required, and the consequences of errors or omissions, professional advice is strongly recommended.

How MJ Legal Can Help

At MJ Legal, we help individuals and couples navigate the Partner Visa process from start to finish. We take the time to understand your relationship, your circumstances, and your goals — and we build evidence packages that put your best case forward.

Whether you are just starting to explore your options or are already part-way through an application, we are here to help.

Contact MJ Legal today for a confidential consultation.

This article is general information only and does not constitute legal or migration advice. Please contact a registered migration agent or immigration lawyer for advice specific to your situation.