If you’re already in Australia and want to stay here with your partner who is an Australian citizen or permanent resident, the 820/801 partner visa pathway could be the right option for you.

This is a two-step visa:

1. 820 Visa – temporary visa

2. 801 Visa – permanent residency (PR)

Do You Qualify?

To apply, you and your partner must:

• Be over 18 years old

• Be married or in a de facto relationship (lived together for at least 12 months)
  → If not, relationship registration might help — more on that below

• Prove your relationship is genuine and ongoing

• Meet health and character checks

• Have no outstanding debts to the Australian Government

820/801 Visa Process

• Apply for both visas in one application — a single fee covers both stages

• Usually, the 820 visa (temporary) is granted first

• Around two years later, you can be assessed for the 801 visa (permanent residency)

• You can live and work in Australia while waiting

On your 820 visa, you can:

• Work and study in Australia

• Travel in and out of the country freely

• Access Medicare

• Take free English classes if eligible

Once your 801 visa is granted, you become a permanent resident and may later apply for citizenship.

Showing Your Relationship Is Genuine

Immigration wants proof that your relationship is real. This includes:

• Shared financial responsibilities

• Living together

• Social recognition (photos, travel records, joint events)

You’ll need to keep submitting updated evidence, even after your initial visa is lodged. A Registered Migration Agent can help prepare your relationship statement and gather the right documentation.

Not Lived Together for 12 Months?

You might be able to register your relationship to waive this requirement. This is accepted in most states (except WA and NT).

Here’s what’s required by state:

• NSW, VIC, QLD, SA, TAS, ACT: One or both partners must show proof of residence

• WA & NT: Relationship registration isn’t accepted for migration

Ask us which path suits your situation. We’ll guide you.

Including Family Members

• You can include your children or stepchildren in the application

• You’ll need to show sole custody or legal consent from the other parent

• They’ll have the same visa rights as you

Medicare Access

Once your application is lodged, you can enrol in Medicare.

Bridging Visas and Work Rights

After applying, you'll receive a Bridging Visa A (BVA) that starts when your current visa expires. This gives you:

• Full work rights

• Travel flexibility (if you apply for a Bridging Visa B)

Important: If your current visa has conditions (like a student or 482 visa), you must continue meeting them until they expire. If not, you may fall onto a Bridging Visa E (BVE) — which does not automatically include work rights.

When Can You Apply for the 801 PR Visa?

Two years after applying for your 820 visa, you can provide updated evidence and apply for permanent residency (801 visa).

Exception:
If you’ve been living together for 3 years (or 2 years + a child), you may be granted PR faster.

Key Tips

• Time of application rules matter: You must prove you were in a committed relationship at the time you applied

• Don’t rush: Lodging prematurely can cause issues

• Partner visa interviews may happen via phone or in person

2024–25 Budget Changes

The Government allocated 40,500 partner visa places this year. Demand is high, so preparation is key.

Contact us today for further advice. Our team can assess your options and recommend the best visa pathway for you.

Am I Eligible for the 820/801 Onshore Partner Visa?

You may be eligible for an 820/801 partner visa if you meet the following requirements:

Main Criteria

• Your partner is an Australian citizen, permanent resident, or an eligible New Zealand citizen

• You are in Australia and hold a valid visa (with no 8503 – No Further Stay condition)

• You are:

  • Married, OR

  • In a de facto relationship with proof of living together for at least 12 months, OR

  • Have registered your relationship in a state where this is accepted (this waives the 12-month cohabitation rule)

    Note: You cannot register your relationship if you’re legally married to someone else, even if separated.

• Your relationship is legally recognised under Australian law

• You and your partner meet health and character requirements

• Any debts to the Australian Government have been paid

• The visa is in the best interests of any children included in the application

Stage Two: Moving to the 801 Permanent Visa

To progress to the permanent residency stage (801 visa), you must:

• Hold a valid 820 visa

• Still be in a genuine, ongoing relationship with your partner

  (Unless you meet certain special circumstances such as domestic violence or partner death)

• Have complied with all Australian laws and visa conditions

Not sure if you meet the requirements?
We offer a free visa eligibility check. Let one of our MARA-registered migration agents assess your case and guide you on the next steps.