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

This is a two-step visa pathways:

1. 820 Visa – Temporary Partner Visa

2. 801 Visa – Permanent Partner Visa (PR)

Do You Qualify?

To apply, you and your partner must:

• Be over 18 years old

• Be married or be in a de facto relationship

• If applying as a de facto couple, you generally need to have been in the relationship for at least 12 months before applying
  → Exceptions may apply, including certain registered relationships

• Prove your relationship is genuine and ongoing

• Meet health and character requirements

• Meet other visa eligibility requirements, including sponsorship requirements where applicable

• Have no outstanding debts to the Australian Government

820/801 Visa Process

Apply for both visas together in one application, a single application charge covers both stages.

Usually :

• The 820 Temporary Partner Visa is assessed and granted first

• Approximately two years after lodging your combined application, you may become eligible to provide further evidence for assessment of the 801 Permanent Partner Visa

• You can remain in Australia while your application is being processed if you hold a valid visa or bridging visa

On your 820 visa, you can generally:

• Work and study in Australia (subject to visa conditions)

• Travel in and out of Australia while your visa allows

• Access Medicare if you meet Medicare eligibility requirements

• Access free English classes through the Adult Migrant English Program (AMEP) if eligible

Once your 801 visa is granted, you become an Australian permanent resident and may later be eligible to apply for Australian citizenship.

Showing Your Relationship Is Genuine

Immigration requires evidence that your relationship is genuine, continuing, and committed.

This may include evidence of:

Financial aspects

• Joint bank accounts

• Shared bills and expenses

• Joint financial commitments

Living arrangements

• Evidence of living together

• Joint lease agreements

• Utility bills and correspondence showing the same address

Social recognition

• Photos together

• Travel records

• Invitations and social events

• Evidence from family and friends recognising your relationship

Commitment to each other

• Relationship history

• Future plans together

• Communication records

• Personal statements explaining your relationship

You should continue collecting updated relationship evidence after lodging your application. A Registered Migration Agent can help prepare your relationship statements and ensure your evidence is presented appropriately.

Not Lived Together for 12 Months?

You may still be able to meet the relationship requirements if your relationship is registered under relevant state or territory legislation.

Relationship registration rules vary depending on where you live. Eligibility requirements, including residency requirements, differ between states and territories.

Speak with us to understand whether relationship registration may assist with your circumstances.

Including Family Members

You may be able to include eligible dependent children or stepchildren in your Partner Visa application.

You may need to provide:

• Evidence of the child’s relationship to you

• Custody arrangements

• Consent from the other parent where required.

Eligible family members may receive visa rights linked to your application

MedicareAccess

After lodging your Partner Visa application, you may be eligible to enrol in Medicare depending on your circumstances.

Eligibility depends on factors such as your visa status, nationality, and other Medicare eligibility requirements.

Bridging Visas and Work Rights

After applying, you may receive a Bridging Visa A (BVA), which allows you to remain lawfully in Australia while your Partner Visa application is being processed.

Your work rights depend on your bridging visa conditions and your previous visa conditions.

If you need to travel overseas while waiting for your Partner Visa decision, you generally need to apply for a Bridging Visa B (BVB) before leaving Australia.

Important:

• Continue complying with the conditions of your current visa until your bridging visa becomes active.

• If your current visa expires and you do not hold a valid bridging visa, you may become unlawful and may need to apply for a Bridging Visa E (BVE).

When Can You Apply for the 801 PR Visa?

You do not lodge a separate 801 visa application.

Approximately two years after lodging your combined 820/801 application, you will generally be contacted or become eligible to provide updated relationship evidence for assessment of your permanent Partner Visa (Subclass 801).

Exception:

Some applicants may be eligible for a shorter pathway where they meet the long-term relationship criteria, such as:

• Having been in a long-term relationship before applying; or

• Having a child with their partner and meeting the required criteria

Key Tips

• Timing of your application matters: you must demonstrate that your relationship was genuine and ongoing at the time you applied.

• Ensure your relationship evidence is strong before lodging your application.

• Continue keeping updated evidence of your relationship after lodgement.

• Ensure all information provided is accurate and consistent.

• Partner Visa applications may require additional information or an interview in some cases.

Contact Us

Partner Visa applications require careful preparation and strong supporting evidence.

Contact us today for further advice. Our team can assess your circumstances, review your relationship evidence, and recommend the most suitable pathway for your Australian Partner Visa application.

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:

MainCriteria

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

• You are in Australia when you lodge your application and generally hold a valid visa (unless special provisions apply).

• You are:

  • Married, OR

  • In a genuine de facto relationship (generally for at least 12 months before applying), or

  • In a registered relationship where recognised under Australian migration law.

• Your relationship is genuine and continuing

• Your marriage or relationship is legally recognised under Australian law.

• You and your partner meet the relevant health and character requirements.

• Any outstanding debts to the Australian Government have been paid or suitable arrangements have been made to repay them.

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

Stage Two: Moving to the 801 Permanent Visa

o be considered for the Permanent Partner Visa (Subclass 801), you will generally need to:

• Have previously lodged a combined Subclass 820/801 Partner Visa application.

• Have been granted the Subclass 820 Temporary Partner Visa.

• Continue to be in a genuine and ongoing relationship with your sponsoring partner (unless special provisions apply, such as family violence, the death of your partner, or other specified circumstances).

• Provide updated evidence of your relationship when requested by the Department of Home Affairs.

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.