Partner Visa (Subclass 820 and 801)
The onshore Partner visa pathway allows the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to remain in Australia temporarily and progress to permanent residence.
You apply for Subclass 820 and Subclass 801 together. The applicant and included family members must be in Australia when the combined application is lodged.
How the Subclass 820/801 Pathway Works
The Partner visa (Temporary) (Subclass 820) allows an eligible applicant to live in Australia while the permanent Partner visa is processed. The Partner visa (Permanent) (Subclass 801) provides permanent residence when the applicant meets the second-stage criteria.
One combined application covers both stages and the main application charge is paid at lodgement. Permanent-stage eligibility generally begins two years after the original combined application date.
Key benefits of the pathway
Key relationship requirements
You must be legally married to or in a de facto relationship with the sponsor, and the relationship must be genuine and continuing. You must share a mutual commitment to a life together to the exclusion of all others and live together or not live permanently apart.
De facto applicants generally need evidence of at least 12 months in the relationship before application unless an exception applies, such as registration of the relationship or compelling and compassionate circumstances. A marriage must be valid under Australian law.
Sponsor eligibility
The sponsor is usually the applicant's Australian citizen, Australian permanent resident or eligible New Zealand citizen partner. Sponsorship limitations can arise from previous partner sponsorships, certain offences, age and other circumstances.
The sponsor should submit the online sponsorship promptly after receiving the applicant's TRN or Application ID. The same sponsor generally remains responsible through the temporary stage and for two years after the Subclass 820 grant.
How the application process works
Check onshore visa status
Review current visa conditions, substantive status, No Further Stay restrictions and application validity.
Assess applicant and sponsor
Confirm relationship type, sponsor status and any sponsorship or eligibility limitations.
Organise relationship evidence
Prepare financial, household, social and commitment evidence with detailed relationship statements.
Lodge application and sponsorship
Submit the combined 820/801 application, obtain the TRN and complete the sponsor's online form.
Complete the permanent stage
When eligible, submit updated relationship, identity, character and family information for Subclass 801.
Onshore visa and bridging considerations
You must be in Australia when lodging, and all family members included at that time must also be in Australia. If you do not hold a substantive visa, additional validity and grant criteria can apply, including a need to demonstrate compelling reasons in certain circumstances.
A No Further Stay condition can prevent a valid onshore Partner visa application unless a waiver is approved first. A bridging visa does not automatically provide permission to leave and return to Australia, so travel should be assessed before departure.
Four areas of relationship evidence
Financial aspects: joint accounts, shared expenses, leases, loans, property, insurance and household bills.
Nature of the household: living arrangements, shared domestic responsibilities, correspondence and care of children.
Social aspects: recognition by family and friends, witness statements, photographs, invitations, travel and shared activities.
Nature of commitment: relationship history, communication while apart, knowledge of each other, wills and future plans.
Subclass 820 temporary stage
If granted, Subclass 820 allows the applicant to live, work and study in Australia until the permanent Subclass 801 application is finalised or the combined application is withdrawn. Applicants may be eligible for Medicare and must comply with all visa conditions.
Subclass 801 permanent stage
Permanent-stage eligibility normally begins two years after the combined application date. Updated evidence must show that the relationship with the same sponsor remains genuine and ongoing and that health, character and other requirements are satisfied.
Earlier permanent consideration can apply in limited long-term relationship circumstances. Family violence, sponsor death or an eligible Australian child may preserve eligibility after a relationship ends in certain cases.
Important Onshore Partner Visa Responsibilities
- Check current visa status and conditions before lodging.
- Provide complete and consistent relationship information.
- Continue collecting relationship evidence after lodgement.
- Check travel rights before leaving Australia.
- Complete health, identity and character checks when requested.
- Notify the Department about relationship and family changes.
- Do not assume the temporary stage guarantees permanent grant.
Documents commonly required
Documents can include passports, birth and marriage records, divorce evidence, sponsor status records, visa-status evidence, relationship statements, joint financial and household records, photographs, travel and communication records, witness statements, police certificates, health examinations and dependent documents.
How Echoes Global Education can assist
Our migration team can review onshore validity and visa conditions, assess applicant and sponsor eligibility, organise the four relationship evidence categories and assist with the combined application, sponsorship and Subclass 801 permanent stage.