Subclass 820/801 · Family & partner · Temporary (820) then Permanent (801)

Partner visa (onshore)

The onshore partner visa is a two-stage visa applied for in one go. The subclass 820 is granted first and lets you stay, work, and study in Australia while the permanent subclass 801 is assessed, usually about two years after lodgement. You must be married to or in a genuine de facto relationship with your Australian partner.

RL

By Roman Lama

Stay period
820 is temporary until 801 is decided; 801 is permanent
Permanent residence
Yes, PR or a pathway to it
Points tested
No
Age limit
Both partners must be at least 18
Base application charge
About AUD 9,095 for the combined 820 and 801 application (one fee covers both stages)
Processing time
820 stage often 12 to 24 months; 801 stage assessed from roughly 2 years after lodgement
English requirement
No formal English test, though functional English affects a possible second-instalment charge

Who it’s for

You must:

  • Be the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen
  • Be in a genuine and continuing relationship, living together or not apart on a permanent basis
  • For de facto, generally have been together at least 12 months before applying, unless the relationship is registered or there are compelling circumstances
  • Be sponsored by your partner, who must meet sponsorship and character limits (there are caps on how many times and how often a person can sponsor)

Pathway to permanent residence

The 801 is permanent residence. It is normally granted about two years after the application date, sooner for long-term relationships or where there are children.

Evidence of the relationship

Home Affairs assesses four areas: financial aspects, the nature of the household, social recognition, and the nature of the commitment. Joint bank accounts, a shared lease, joint bills, travel together, statements from friends and family, and a consistent relationship history all matter.

The two stages

You lodge both the 820 and 801 together and pay one fee. The 820 is decided first. About two years after you lodged, Home Affairs asks for updated evidence and decides the 801. If your relationship is long-standing at lodgement, the 801 can be granted at the same time as the 820.

Onshore versus offshore

If you are in Australia when you apply, you use the 820 and 801. If you are outside Australia, you use the 309 and 100. The relationship test is the same.

Visa conditions

The 820 has few conditions and full work rights. You must tell Home Affairs if the relationship ends. Family violence provisions allow the permanent visa to still be granted in some cases where the relationship breaks down after lodgement.

Partner visa (onshore) (subclass 820/801): common questions

How much does the subclass 820/801 visa cost?

The base application charge for the Partner visa (onshore) (subclass 820/801) is About AUD 9,095 for the combined 820 and 801 application (one fee covers both stages). Family members you include each pay an additional charge, and there are separate costs for health checks, police certificates, and skills assessments.

How long does the subclass 820/801 visa take to process?

The Partner visa (onshore) (subclass 820/801) is generally processed in 820 stage often 12 to 24 months; 801 stage assessed from roughly 2 years after lodgement. Times vary with your occupation, how complete your application is, and demand at the time.

Does the subclass 820/801 visa lead to permanent residence?

The 801 is permanent residence. It is normally granted about two years after the application date, sooner for long-term relationships or where there are children.

What is the age limit for the subclass 820/801 visa?

Both partners must be at least 18. Age is assessed at a specific point in the process, usually the date of invitation or application, so check exactly when before you plan around it.

How long can I stay on the subclass 820/801 visa?

820 is temporary until 801 is decided; 801 is permanent.

Last verified Sources:[1]

This is general information, not immigration advice. Visa criteria change often, so always confirm the current rules on the Department of Home Affairs website or with a registered migration agent before you apply.

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