Onshore Partner Visa Subclass 820 and 801: Requirements, Evidence and Process
The Partner Visa Subclass 820 and 801 is the onshore partner visa for people who are in Australia with an Australian partner and want to live here permanently. It is one application with two stages. The subclass 820 is the temporary stage, which lets you stay in Australia while your application is processed. The subclass 801 is the permanent stage, which is decided later, once the Department has reviewed the relationship again.
This visa is one of the most heavily evidence based in the Australian migration program. The Department wants to know not only that you are married or in a de facto relationship, but that the relationship is genuine, continuing and shared in practical ways. Applications often struggle because the evidence is thin, uneven or inconsistent, not because the relationship is not real. Understanding what the Department looks for, and how to present it, is the most useful preparation you can do.
This page explains who can apply, what the relationship requirements are, what the sponsor must meet, what evidence to gather, how the two stages work, what the visa costs, what happens on a bridging visa while you wait, and what recent announcements mean for people planning to apply. It is written for Australian citizens, permanent residents and eligible New Zealand citizens, and for partners in Australia from Pakistan, India, Bangladesh, Sri Lanka, Europe and elsewhere. If you would like your situation reviewed by a person, Migration Factor offers a free consultation. You can request a free consultation through our contact form. Nothing on this page guarantees a visa outcome or a timeframe, and fees, processing times and rules change, so please treat this as a planning guide.
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What the Subclass 820 and 801 Visa Is
The partner visa lets the partner of an Australian citizen, permanent resident or eligible New Zealand citizen live in Australia permanently. For onshore applicants, the process has two stages and one application.
- Subclass 820. A temporary partner visa. You lodge the application while you are in Australia, and you are generally required to be in Australia when it is decided. While the Department processes the application, you are normally on a bridging visa.
- Subclass 801. The permanent partner visa. The Department assesses this stage after the temporary stage, generally about two years after you lodged. It reviews the relationship again with updated evidence, and the permanent visa is granted if the requirements are still met.
Practitioner sources report that a single visa application charge covers both stages, with no second charge for the permanent stage. In some cases, where the relationship is long term, the permanent visa can be decided at or soon after the temporary stage. The threshold is reported as around three years, or two years where the couple have a child together, but check the current rule with the Department.
Who the Visa Is For
The onshore partner visa suits couples who:
- Are married, or in a genuine de facto relationship, and the applicant is in Australia
- Have an Australian citizen, permanent resident or eligible New Zealand citizen as their partner and sponsor
- Want to apply together in Australia without leaving the country, and are able to meet the Department's requirements
- Can show a genuine and continuing relationship with evidence across several areas of life
If you are outside Australia, the offshore partner visa, the subclass 309 and 100, is the usual route. If you are engaged but not married, the prospective marriage visa, the subclass 300, may apply. The right choice depends on your circumstances, so check before you lodge.
Relationship Requirements
The Department recognises two kinds of relationship for the partner visa: marriage and de facto relationships.
Marriage
You must be legally married to your sponsor. A marriage that is valid where it took place is generally recognised in Australia, as long as it meets Australian requirements, such as both parties being of legal age and free to marry. The Department also needs to be satisfied that the marriage is genuine and continuing, so a marriage certificate alone is not enough. A valid marriage certificate shows that you are married, but the evidence of the relationship shows that it is real.
De facto relationship
A de facto relationship means that you and your partner live together on a genuine domestic basis, and that you have been in the relationship for at least twelve months immediately before you lodge. Practitioner sources report that the twelve month requirement can be waived in some cases, such as where the relationship is registered under a recognised state or territory scheme, or where compelling and compassionate circumstances apply. The registered relationship schemes of some states and territories are recognised and others are not, so check the current list rather than assuming.
Both partners must be in a genuine relationship, and the Department can look at whether you live together and whether you have a shared life. Couples who are in long distance relationships, or who live in separate households, can struggle to meet the de facto requirement, so take advice if that applies to you.
The Sponsor
The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen, and usually at least 18 years old. The sponsorship must be approved before the visa can be granted. As part of the process, the sponsor may be asked for police checks, and some convictions, particularly family violence offences, can prevent a person from being an eligible sponsor regardless of whether the relationship is genuine.
There are limits on how often a person can sponsor a partner. Practitioner sources report a lifetime limit of two approved partner sponsorships, and generally a gap of five years from a previous application before a new sponsorship. A sponsor who was themselves sponsored as a partner may also face a waiting period. The Minister can waive these limits in compelling circumstances, but waivers are not routine, so check the sponsor's history before you pay any charge.
The sponsor also gives undertakings to support the applicant in some circumstances, so they should understand what they are agreeing to.
Evidence of the Relationship
Evidence is the heart of a partner visa application. The Department looks at the relationship as a whole, and practitioners commonly describe four areas of evidence.
- Financial aspects. Joint bank accounts, joint loans or liabilities, shared bills and shared insurance, and evidence of how you support each other
- The nature of the household. A shared lease or mortgage, joint mail at the same address, and how household responsibilities are divided
- Social aspects. Photographs together over time, joint activities and travel, and statements from family and friends who know you as a couple. Practitioner sources report that statutory declarations on the Department's Form 888 from at least two Australian citizens or permanent residents are expected
- The nature of the commitment. The length of the relationship, whether it is exclusive, your plans for the future and the way you rely on each other
A few practical points help.
- Spread the evidence across time, not just the recent months
- Make sure the evidence from different areas is consistent, so that the dates, addresses and accounts match
- Choose supporters who genuinely know the relationship and can describe it, because weak or generic declarations carry little weight
- Include statements from both partners that tell the story of the relationship in their own words
- Explain any gaps, such as periods living apart for work or study, rather than leaving the Department to guess
Quality matters more than quantity. A well organised set of documents that tells a consistent story is more persuasive than a large pile of screenshots.
Health and Character Requirements
The applicant, and any family members included in the application, must meet health and character requirements. Health examinations are requested through a panel physician, and usually include a medical exam, a chest radiograph and blood tests where required. Additional examinations may be requested if the medical history makes them necessary.
For character, you need police certificates from each country where you have lived for a certain period in recent years, and certificates generally have a limited validity. A common problem is a health examination or police certificate that expires before the permanent stage, so plan to renew them when the Department asks.
A significant health condition can affect a partner visa, and in some cases a health waiver is available. If you have concerns about health or character, take advice early.
Documents Checklist
A solid starting checklist for the subclass 820 includes:
- Passports and identity documents for the applicant and any included family members
- The sponsor's identity documents and evidence of citizenship, permanent residence or eligible New Zealand status
- Your marriage certificate, or evidence of the de facto relationship and its duration
- Evidence of previous marriages or relationships ending, such as divorce certificates, for both partners
- Financial evidence, such as joint bank statements, bills and loans
- Household evidence, such as lease agreements, utility bills and joint mail
- Social evidence, such as photographs, travel records and communications
- Statutory declarations from supporters, including the Department's Form 888
- Statements from the applicant and the sponsor
- The sponsor's police certificates, where required
- Police certificates and health examination results for the applicant when requested
- Certified English translations of any document that is not in English
Names, dates and addresses must match across documents. A mismatch between the evidence and the statements can raise questions about the relationship.
How to Apply Step by Step
The usual sequence for the subclass 820 and 801 is below.
Confirm that you can apply onshore, including whether any condition on your current visa, such as a restriction on further stay, affects your application.
Confirm that the sponsor is eligible and not caught by a sponsorship limit.
Check that you meet the relationship requirements, including the twelve months for a de facto relationship unless an exception applies.
Gather evidence across the four areas of the relationship.
Check the current application charge using the Department's Visa Pricing Estimator.
Lodge the application through ImmiAccount while you are in Australia, together with the sponsorship, and pay the application charge.
Keep your bridging visa details and check the conditions attached to it.
Provide health examinations, police certificates and other documents when the Department asks.
Wait for the temporary stage to be decided, then keep building and recording evidence of your relationship.
At the permanent stage, provide updated evidence, and update health and police documents if they have expired.
Visa Costs and Related Expenses
The visa application charge changed on 1 July 2026. Migration sources report that the base charge for the onshore partner visa for many main applicants is now about AUD 11,710, up from AUD 9,365, and that it covers both the temporary and permanent stages. Additional applicants are reported at about AUD 5,860 for those aged 18 and over and about AUD 2,935 for children. A lower charge may apply to eligible applicants from some Pacific region countries. These figures come from migration practitioners, so please confirm the exact charge in the Visa Pricing Estimator before you pay.
Other costs to budget for include:
- Health examinations for the applicant and any included family members, which sources estimate at several hundred dollars per adult
- Police certificates from each relevant country
- Certified translations and document copies
- A credit card surcharge, where it applies
- A Bridging Visa B, if you need to travel while you wait
- Professional assistance, if you choose to use it
Charges are not refunded if the application is refused or withdrawn.
Processing Time Guidance
Processing time depends on the case and the Department's workload. Home Affairs publishes a processing times tool that reflects recently decided applications, and it is the right place to check the current position. Practitioner sources quoting data from September 2026 report that half of subclass 820 applications were decided within about 23 months and most within about 29 months. The permanent stage, the subclass 801, is reported as much quicker once you become eligible for it, measured from that point and not from your original lodgement. Earlier figures from May 2026 were somewhat shorter, and the numbers change every month, so treat all of these as indications.
A few practical points follow.
- A complete application with strong, consistent evidence is easier to assess than one that needs follow up
- The permanent stage generally follows about two years after you lodged, and the Department expects updated evidence
- The Department does not generally respond to individual status enquiries
- Agents cannot make the Department decide faster
Bridging Visa While You Wait
When you lodge the onshore partner visa while holding a substantive visa, you are generally granted a Bridging Visa A automatically. It stays inactive while your substantive visa remains valid, and it comes into effect when that visa ends, allowing you to stay lawfully in Australia while the application is processed.
Practical points about the bridging visa include the following.
- Work and study rights depend on the conditions attached to the bridging visa, and these can carry over from your previous visa. Check your conditions through the Department's Visa Entitlement Verification Online service
- A Bridging Visa A does not allow you to leave and return to Australia. If you need to travel, you must apply for a Bridging Visa B before you leave, and it has its own application charge
- Medicare access depends on your circumstances, so check your entitlements with Services Australia
- Keep copies of every bridging visa grant and check the conditions regularly
A lapse in lawful status can cause serious problems, so make sure you understand which visa you hold at each stage.
Work Rights and Conditions
Work rights on the temporary stage depend on the bridging visa and, where relevant, the conditions of your previous visa. In many cases partner visa applicants are able to work, but you should check your visa conditions rather than assume. Once the permanent subclass 801 is granted, you have the right to live and work in Australia, access Medicare, study and later apply for citizenship if you meet the residence requirements.
Recent Announcements: Visitor Visas and the Onshore Partner Route
On 17 September 2026, the Minister for Home Affairs announced that a no further stay provision would be attached to visitor visas. In his address, the Minister said it would have no impact on anybody who is already in Australia and would apply to the issuing of future visas, and described the treatment of visitor visa applicants who then apply onshore as a double standard. He linked the change to partner visa waiting times, saying that a partner waiting on a spouse visa would be able to visit Australia regularly.
No start date has been given, and the partner visa criteria themselves were not changed by the announcement. Practitioners interpret the measure as closing the route in which a person arrives on a visitor visa and then lodges an onshore partner visa application, because a no further stay condition would normally restrict applying for another visa while in Australia. Whether and how this works in practice depends on how the measure is put into effect.
If you are planning to come to Australia on a visitor visa and then lodge an onshore partner visa application, or you hold a visitor visa now, take advice before you act. The offshore partner visa, the subclass 309 and 100, is the route that the changes are expected to favour, and the Department's guidance should be checked for the current position.
Subclass 820 and 801 Compared With Other Partner Pathways
Couples often compare the options.
- Subclass 820 and 801. Onshore, two stages, one application. The applicant is in Australia when applying and when the temporary stage is decided.
- Subclass 309 and 100. Offshore, two stages, one application. The applicant is outside Australia when applying, and the permanent stage follows without a second application.
- Subclass 300 Prospective Marriage visa. For engaged couples who are not yet married. The applicant arrives in Australia, marries, then applies for the onshore partner visa.
The right choice depends on where each partner is, whether you are married or can show twelve months of a de facto relationship, and what your visa situation is. A consultation can help you compare these before you pay a charge.
Common Reasons Applications Are Refused or Delayed
Problems with partner visa applications come from a limited number of causes.
- Thin or uneven evidence across the four areas of the relationship
- Weak or generic statements from supporters who do not know the relationship well
- Inconsistencies between statements and documents, such as addresses or dates
- The relationship does not meet the de facto requirements, such as the twelve months or living together
- The sponsor is not approved, or is caught by a sponsorship limit
- A sponsor with relevant character concerns
- Lodging onshore in breach of a no further stay condition without a waiver
- Health examinations or police certificates that expire before the permanent stage
- Inaccurate disclosure of previous refusals, relationships or criminal history
- False or misleading information, which can have serious long term consequences
Many of these can be addressed before you lodge. Merits review may be available for some refusals, so read the decision letter carefully and seek advice quickly, because strict time limits apply.
Family Violence Provisions
If a relationship breaks down because of family violence, special rules may allow the applicant to continue with a partner visa application. In general, the relationship must have been genuine and continuing when the application was lodged, and the applicant must have experienced relevant family violence from the sponsor during the relationship. Evidence can include court orders or convictions, or statutory declarations and reports from competent persons.
If this applies to you, or to someone you know, take advice promptly from a qualified professional, and seek support from appropriate services. The rules are specific, and the evidence required is different from a standard application.
Considerations for Applicants From Pakistan, India and Other Countries
Couples where one partner is from Pakistan, India, Bangladesh or Sri Lanka often ask about marriages arranged by families, religious ceremonies and civil registration. A marriage that is valid where it took place is generally recognised if it meets Australian requirements, but you should provide the registration documents that prove it, such as the marriage certificate, nikah documents or civil registration, and certified translations where needed. Arranged marriages are assessed like any other. What matters is that the relationship is genuine and continuing, and that the evidence shows a shared life in Australia.
Applicants should also prepare identity documents, civil status documents, police certificates from home countries, which can take time to obtain, and certified translations. Supporters who give statements should be Australian citizens or permanent residents who know the couple well.
The requirements do not differ by nationality. What matters is the genuineness of the relationship, the sponsor's eligibility and the quality of the evidence. Couples from Europe face the same rules, although the documents differ.
How Professional Help Can Assist
A migration professional cannot change the rules, guarantee a visa or make the Department decide faster. What a good adviser can do is help you decide between the onshore and offshore routes, check that the sponsor is eligible, organise the relationship evidence so that it tells a clear and consistent story, prepare you for the permanent stage, and advise on what to do if your circumstances change.
This review is most useful before you lodge, because the charge is not refunded and a thin application is hard to strengthen later. Make sure anyone you pay for immigration advice in Australia is appropriately authorised, and ask to see their registration details.
Why Consider Migration Factor
Migration Factor provides information and assistance on Australian visa pathways, including partner and family visas. We offer a free consultation where you can talk through your relationship, your evidence and your options before deciding on your next step. To arrange one, request a free consultation through our contact form.
Frequently Asked Questions
What is the onshore Partner Visa Subclass 820 and 801?
It is a two stage partner visa for people in Australia whose partner is an Australian citizen, permanent resident or eligible New Zealand citizen. The 820 is the temporary stage and the 801 is the permanent stage, under one application.
What are the subclass 820 visa requirements?
You must be in Australia, be married to or in a genuine de facto relationship with an eligible sponsor, show that the relationship is genuine and continuing, meet health and character requirements and have an approved sponsor.
What are the de facto relationship requirements?
You must live together on a genuine domestic basis and have been in the relationship for at least twelve months before you lodge, unless an exception applies, such as a registered relationship under a recognised scheme or compelling circumstances.
What evidence do I need for a partner visa?
Evidence across four areas: financial, the nature of the household, social aspects and the nature of the commitment. This includes joint finances, shared accommodation, photographs, statements from supporters and your own statements.
How much does the onshore partner visa cost?
Practitioner sources report about AUD 11,710 for the main applicant from 1 July 2026, up from AUD 9,365, covering both stages. Confirm the exact charge in the Visa Pricing Estimator. Charges are not refunded after refusal.
How long does the subclass 820 visa take to process?
There is no fixed time. Practitioners quoting September 2026 data report about 23 months for half of applications and about 29 months for most. Check the Department's processing times tool for the current position.
When is the subclass 801 permanent visa decided?
Generally about two years after you lodged the application, when the Department reviews the relationship again with updated evidence. In some long term relationships the permanent visa can be decided earlier.
Can I work and travel on the bridging visa?
Work rights depend on your bridging visa conditions, which you can check through the Department's Visa Entitlement Verification Online service. A Bridging Visa A does not allow travel, so you need a Bridging Visa B before leaving Australia.
Who can sponsor me for the partner visa?
Your partner, if they are an Australian citizen, permanent resident or eligible New Zealand citizen who is at least 18 and approved as a sponsor. Limits apply to how often a person can sponsor a partner.
Can I apply for the 820 visa after arriving on a visitor visa?
At present this route is used by some couples, but the Minister announced on 17 September 2026 that a no further stay provision will be attached to visitor visas. No start date has been given, so take advice before relying on this route.
Can Pakistani and Indian applicants apply for the partner visa?
Yes. The same criteria apply to all nationalities. What matters is that the marriage or de facto relationship is genuine, the sponsor is eligible and the evidence is consistent.
Why do partner visa applications fail?
Common causes include thin or inconsistent evidence, weak supporter statements, an ineligible sponsor, relationships that do not meet the de facto requirements, expired documents at the permanent stage and false information.
Next Step
If you are deciding between the onshore and offshore partner visa, organising your relationship evidence or preparing for the permanent stage, request a free consultation with Migration Factor through our contact form. Please bring your passport and visa details, a timeline of your relationship and examples of your joint evidence, so the conversation can be specific.
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