Partner Visa Subclass 820/801 Australia

Fixed price

There are no hidden costs for our services. Our fees are clearly set out in a Client Agreement.

Deal directly with a lawyer

From the first same-day response to the granting of your visa, you’ll have direct access to a lawyer.

Clear communication

Our experienced lawyers will give you regular updates and clear explanations of visa pathways.

Client satisfaction commitment

We are committed to delivering professional and client-focused service throughout your visa application journey.

Installments available

Three to six-month instalment options are available on some visa types.

Nina Laskowski Australian Migration Lawyer

What is the Partner visa (subclass 820/801)?

The Partner Visa (Subclass 820/801) is Australia's onshore pathway for the spouse or de facto partner of an Australian citizen or permanent resident to apply while living in Australia. It combines two stages: the 820 partner visa (temporary) is granted first, followed by the 801 partner visa (permanent), which lets you live in Australia indefinitely.

This pathway is for onshore applicants only. If you're outside Australia, the equivalent offshore pathway is the Partner visa (subclass 309/100).

If you meet all eligibility requirements, you'll typically be granted the temporary 820 visa first, which is a substantive visa that lets you live, work, study, and travel without restriction, with Medicare access in most cases once a valid application has been lodged. After approximately two years, you become eligible for assessment for the permanent 801 visa. Once granted, you become a permanent resident of Australia with full access to the benefits and entitlements available to permanent residents.

Eligibility requirements for a subclass 820/801 Partner visa

Partner visa 820/801 eligibility requires you to meet all of the following:

You must be in Australia at the time of application.
You must be in a genuine relationship with your sponsoring partner (an Australian citizen, Australian permanent resident, or eligible New Zealand citizen).
Your sponsoring partner must be either your spouse (legally married) or your de facto partner (which generally requires at least 12 months of cohabitation immediately before applying, though some exceptions apply).
You must be over the age of 18 (limited exemptions apply).
You must meet the health and character requirements.

Same-sex couples are eligible to apply for this visa on the same basis as opposite-sex couples. An LGBTIQ+ partner visa follows the identical 820/801 process, not a separate humanitarian visa pathway.

How to apply for a Partner visa for Australia

Benefits of a Partner visa 820 & 801

The principal benefit of a Partner visa is the stability it provides for you and your sponsoring partner. It enables you to live together and continue building a life in Australia without the anxieties that accompany a temporary visa status.

The Partner visa program grants eligible applicants a range of benefits even before obtaining permanent residency. As a subclass 820 partner visa holder, you can work without restriction and are entitled to minimum wage protections under Australian law. Further benefits include the ability to study without restriction, travel in and out of Australia, and access Australia's public healthcare scheme, Medicare.

As a permanent partner visa (subclass 801) holder, in addition to the above, you can enjoy full access to Medicare, pay domestic student fees at Australian education institutions, apply for citizenship after meeting the general residency requirements, and sponsor eligible family members to come to Australia under relevant programs.

As a subclass 820 partner visa-holder, you can:

Work without restriction and be guaranteed a minimum wage under Australian law
Study without restriction
Travel in and out of Australia
Access Medicare

As a permanent partner visa subclass 801 holder, in addition to the above, you can:

Enjoy full access to Medicare
Pay domestic student fees at Australian education institutions
Apply for citizenship after meeting residency requirements
Sponsor a family to come to Australia under relevant programs

Subclass 820 Partner visa checklist

This 820 partner visa checklist covers the documents and evidence you need to provide. The process has many technical elements and requires substantial documentary evidence to satisfy the Department of Home Affairs that your relationship is genuine and continuing.

The Partner Visa (Subclass 820) allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia temporarily. It’s the first step towards permanent residency under the partner visa (subclass 801). Applicants must provide compelling evidence of a genuine relationship and meet health and character requirements.

Each year, a significant number of partner visa applications are refused, often due to insufficient evidence that the relationship is genuine and continuing. To support your application, we provide a comprehensive checklist to help you meet the relevant legislative criteria and provide strong proof of your relationship. Evidence is critical.

The Department of Home Affairs will assess partner visa applicants based on the history of their relationship, cohabitation, the nature of the household, and shared financial responsibilities. A well-prepared application depends on providing thorough documentation. A strong case includes statements from friends and family.

Submitting incomplete documents leads to unnecessary stress and potential delays. Let us support you through the partner visa process for a smoother and more informed journey

Passport
Birth certificate
Marriage certificate (if applicable)
Proof of name change (if applicable)
Divorce certificate (if applicable)
National identity card

Australian police certificate
Overseas police certificate(s)
Military service records (if applicable)
Military discharge papers (if applicable)

Nature of your household
Nature of your commitment
Financial aspect of your relationship
Social aspect of your relationship

How the Subclass 820/801 Partner Visas Work

The onshore partner visa moves through two stages, from the 820 to 801 visa. The Subclass 820 (temporary) stage comes first, followed by the Subclass 801 (permanent) stage.

Stage 1: Partner Visa 820 (Temporary)

To apply for the partner subclass 820 visa, you must provide evidence to demonstrate that your de facto relationship or marriage is genuine and continuing. The threshold to satisfy the Department’s requirements is high, so significant documentary evidence is required. Other personal documents will also be required, such as your identity documents and police certificates.

If satisfied, the Department will grant you a partner subclass 820 visa, which allows you to live, work, and study in Australia while you await a decision on the permanent stage of your application. You can also travel in and out of Australia without restriction and can access Medicare. Family members included in your application must also meet visa requirements.

Stage 2: Partner Visa 801 (Permanent)

After approximately two years following your application, subclass 820 visa holders become eligible to apply for the permanent Partner visa (subclass 801). This stage requires you to satisfy the Department that your relationship is still ongoing.

Double Grant of Subclass 820 and 801 Visas

A double grant means the Department of Home Affairs grants your Subclass 820 and 801 visas at the same time, rather than in two separate stages. This can happen when your relationship has already lasted long enough at the time of application to satisfy the requirements for permanent residency directly. Applicants in longstanding relationships spanning several years may be eligible for a double grant of the 820/801 partner visa. We can assess your circumstances and prepare a double grant request if you satisfy the eligibility criteria.

How We Can Help

Australian Migration Lawyers can help you prepare a thorough application to maximise your prospects of success. As legal professionals, we act in accordance with the Migration Act 1958 and our legal obligations, ensuring your application is thoroughly prepared and lawfully submitted.

Future Pathways: Residency and Citizenship After the 801 Visa

The Subclass 801 visa is what grants permanent residency. Once you're granted the 801 visa, you're a permanent resident of Australia with full access to the benefits that come with it. From there, you can choose to remain a permanent resident, or apply for Australian citizenship after meeting the relevant residency requirements.

If you choose to remain a permanent resident, you will enjoy a 5-year travel facility on your subclass 801 visa. This means you can travel in and out of Australia for up to 5 years. If you wish to continue to travel internationally after 5 years, you will need to apply for a Resident Return Visa (subclass 155), which may be renewed, provided you meet the criteria. Our team of qualified Australian Migration Lawyers can assist you with Citizenship or Resident Return applications to help you navigate the process with confidence.

Although you are not obliged to become an Australian citizen, there are a number of benefits that come with Australian citizenship. These include consular services and support whilst overseas, visa-free travel to over 100 countries on an Australian passport, access to Australian government jobs, and freedom from visa compliance requirements.

Benefits of using Australian Migration Lawyers for your Partner visa 820 & 801

The high rate of partner visa refusals each year underscores the importance of submitting a comprehensive and decision-ready application. At Australian Migration Lawyers, we provide valuable guidance and legal support to make the entire process as seamless as possible. We have supported many clients through successful partner visa applications and are experienced in handling complex cases.

At Australian Migration Lawyers, one of our key goals is to facilitate access to justice, and we do this by representing those who entrust us with their partner visa application.

Our team of qualified Australian lawyers draws on their knowledge of relevant legislation and case law in advising you on your Partner visa 820/801 application and other migration options and strategies available to you.
We assist you with preparing your application all the way through to the grant of your visa, including working with you to action any additional requests from the Department of Home Affairs.

Australian Migration Lawyers Team Meeting

Subclass 820/801 Partner Visa Costs

There are two main costs associated with a subclass 820/801 Partner visa.

Professional fees payable to Australian Migration Lawyers to prepare your primary application

Our fees will vary depending on the circumstances of your application. Some applications will be more complex than others, and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about what the total costs associated with their partner visa application will be. We offer payment plans based on individual circumstances.

Book a free* consultation with one of our qualified lawyers to get a quote.

Department fees

The 820 visa fee and 801 visa fee are covered by the same $11,710 base application charge, set by the Department of Home Affairs. Since both stages are lodged as one combined application, there's no separate charge when you're later assessed for the permanent 801 visa. This fee must be paid upfront at the time of lodgement; the Department of Home Affairs does not accept split payments, and the amount is subject to change without notice. You can pay using debit/credit card, PayPal, UnionPay, or BPAY.

Partner Visa 820/801 Application Process

Applying for the 820/801 partner visa in Australia can be complex, but with the right guidance it becomes far more manageable. Our team of Australian Migration Lawyers simplifies each step and guides your application from start to finish.

1. Consultation and engagement

Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.

2. Preparation and support

We will prepare written submissions in support of your visa application. This will be tailored to your individual circumstances and be supported by relevant evidence.

3. Submission and communication

We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your application.

4. Representation and success

We will keep you informed about your application and notify you of the outcome. If the outcome is unfavourable and reapplication is possible, we can assist with the next steps.

Book a free consultation *

Partner Visa 820 Processing Time

820 visa processing time can vary depending on individual circumstances, including the strength of your application, the evidence provided, and the Department of Home Affairs’ overall caseload.

While timeframes are not fixed, there are general trends that applicants can expect based on recent processing patterns:

Around 12 to 20 months for many standard applications
Approximately 50% of applications are finalised within 18 months
Up to 24 to 32 months for more complex cases, particularly where additional information or further assessment is required

If applications are incomplete or if the Department requests further documentation, delays can occur. Factors such as relationship complexity, missed character checks, or outdated health assessments often affect timelines.

At Australian Migration Lawyers, we focus on preparing 'decision-ready' applications that are as complete as possible to help reduce delays. For the most up-to-date processing times, please refer to the Department of Home Affairs website.

Considerations

Our legal team at Australian Migration Lawyers comprises skilled professionals practising Australian migration law.

As lawyers, we cannot guarantee that your partner visa will be granted. The decision rests with the Department of Home Affairs, not any one representative, lawyer, or migration agent. However, our sound understanding of Australian migration law means that we are able to offer strategic legal advice and put the best case forward to seek a successful outcome.

We strive to make ourselves as accessible as possible to you

Most initial consultations incur no upfront cost, and recurring services will incur a fixed fee that we will discuss with you.
You can have a free* consultation with us from anywhere in Australia, as our consultations are online.
We can assist you regardless of where you are in the Partner visa process.

Saemeh Ghasemi Australian Migration Lawyer

Crystal Johnston posing with a professional backdrop.

We support the LGBTQ+ community globally.

What happens if my relationship ends before my Partner visa 820 is granted?

If your de facto relationship or marriage ends while your visa application is being processed, you may still be eligible for the Partner visa (subclass 820/801) under certain special circumstances. These situations can include if you have experienced family violence, if you and your sponsor share a child, or if your sponsor has sadly passed away. If one or more of the above circumstances apply, it is important to seek legal advice about your options. Contact Australian Migration Lawyers for tailored support.

Can I apply for the subclass 820/801 Partner visa if I have children?

Yes, you can include your dependent children in your Partner visa application. A dependent child is typically under 18 years of age. It is important that they are included in your application before a decision is made on your temporary subclass 820 visa.

What if my current visa expires before my subclass 820 Partner visa is granted?

When you lodge a valid Partner visa application in Australia, you will typically be granted a Bridging Visa A (BVA). This visa activates when your current substantive visa expires and allows you to remain lawfully in Australia until your subclass 820 visa application is decided. A BVA generally permits you to work, study, and access Medicare. If you need to travel outside of Australia while your application is processing, you must apply for a Bridging Visa B (BVB) before you depart.

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Once I have my subclass 820 Partner visa, do I have permanent residency?

Not yet. The subclass 820 visa is a temporary visa that allows you to live in Australia while you wait to be assessed for the permanent visa. After a two-year waiting period from the date you lodged your initial application, you will become eligible for the permanent subclass 801 Partner visa assessment. Permanent residency is granted once your subclass 801 visa is approved.

How long can you stay on the subclass 820 Partner visa?

The subclass 820 visa is a temporary visa that allows you to live and work in Australia until a decision is made on your permanent subclass 801 Partner visa application. You may remain in Australia lawfully on this visa as long as you continue to comply with all visa conditions.

When can I access Medicare with my Partner visa 820?

You may be eligible to access Medicare once you have applied for the Partner visa and hold either a Bridging Visa A or the temporary subclass 820 visa itself. Upon the grant of the permanent subclass 801 visa, you will continue to have access to the public health system. We always recommend confirming your specific eligibility with Medicare directly after your visa is lodged or granted.

Do Student visa holders who apply for a Partner visa 820 have to continue to pay international student fees?

Yes. If you apply for a Partner visa while holding a Student visa, you must continue to pay international student fees and comply with all of your Student visa conditions. This obligation remains until your Student visa expires or your subclass 820 visa is granted, whichever occurs first.

Perry Q Wood

Partner

Perry Q Wood is Immediate Past President of the Australian Institute of Administrative Law and one of Australia’s leading administrative, immigration and human rights lawyers.

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The information on this website is general in nature and does not constitute legal advice. Please speak with one of our lawyers about your individual circumstances.

Important Information Regarding the Use of the Term ‘Partner’

We are an incorporated legal practice which is a corporation for the purposes of the Corporations Act 2001. The use of the title ‘Partner’ by a lawyer in this practice is used to denote seniority and does not and is not intended to signify that the practice is contracting otherwise than as a corporation. For the avoidance of doubt, any such title does not and is not intended to signify that a partnership within the definition of the Partnership Act exists at law.

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Important Information Regarding the Use of the Term 'Partner'

We are an incorporated legal practice which is a corporation for the purposes of the Corporations Act 2001. The use of the title ‘Partner’ by a lawyer in this practice is used to denote seniority and does not and is not intended to signify that the practice is contracting otherwise than as a corporation. For the avoidance of doubt, any such title does not and is not intended to signify that a partnership within the definition of the Partnership Act exists at law.

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Partner Visa Subclass 820/801

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The Australian Migration Lawyers difference

Fixed price

Deal directly with a lawyer

Clear communication

Client satisfaction commitment

Installments available

What is the Partner visa (subclass 820/801)?

Eligibility requirements for a subclass 820/801 Partner visa

Benefits of a Partner visa 820 & 801

As a subclass 820 partner visa-holder, you can:

As a permanent partner visa subclass 801 holder, in addition to the above, you can:

Subclass 820 Partner visa checklist

Personal documents

Character documents

Evidence of relationship

How the Subclass 820/801 Partner Visas Work

Stage 1: Partner Visa 820 (Temporary)

Stage 2: Partner Visa 801 (Permanent)

Double Grant of Subclass 820 and 801 Visas

How We Can Help

Future Pathways: Residency and Citizenship After the 801 Visa

Benefits of using Australian Migration Lawyers for your Partner visa 820 & 801

Subclass 820/801 Partner Visa Costs

Partner Visa 820/801 Application Process

1. Consultation and engagement

2. Preparation and support

3. Submission and communication

4. Representation and success

Partner Visa 820 Processing Time

Considerations

We strive to make ourselves as accessible as possible to you

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