820 Partner Visa From Lodgement to Grant: Process Explained

What Is the Partner Visa (Subclass 820/801)?

The Partner Visa (Subclass 820/801) is Australia’s onshore partner visa pathway. It allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to apply for permission to live in Australia while physically present in the country.

The visa operates in two stages. The Subclass 820 partner visa is the temporary stage, granted first upon the Department of Home Affairs assessing that the relationship is genuine and continuing and that all other requirements are satisfied. The Subclass 801 partner visa is the permanent stage, assessed after a two-year waiting period from the date of the original application. Both stages form part of the one combined application lodged at the outset. Applicants outside Australia at the time of lodgement are not eligible for this pathway; the equivalent offshore route is the Partner Visa (Subclass 309/100).

The 820/801 is a staged pathway, not a single decision. Lodgement triggers the temporary stage assessment, and a separate permanent stage assessment follows later.

[free_consultation]

Đặt lịch tư vấn

Nếu bạn quan tâm đến việc có thêm thông tin về thị thực, hãy liên hệ với Luật sư Di trú Úc để được tư vấn.

[/free_consultation]

Eligibility Requirements for the Partner Visa (Subclass 820/801)

Before lodging a partner subclass 820 visa application, applicants must satisfy a number of threshold requirements under the Migration Act 1958 and the Migration Regulations 1994.

The applicant must be in Australia at the time of application. The sponsor must be an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen. The relationship between the applicant and the sponsor must be either a legally recognised marriage or a genuine de facto partnership. For de facto relationships, the Migration Regulations 1994 generally require a minimum of 12 months of cohabitation immediately prior to lodgement, though exemptions exist in limited circumstances, including where the couple is registered under a state or territory relationship register.

Applicants must be 18 years of age or older, with limited exceptions. Health and character requirements apply to the applicant and any family members included in the application. Same-sex couples are eligible to apply on the same basis as opposite-sex couples. An LGBTIQ+ partner visa follows the identical Subclass 820/801 process and does not involve a separate humanitarian pathway.

The threshold for demonstrating a genuine and continuing relationship is a substantive one. The Department of Home Affairs assesses the relationship across four broad areas: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the couple’s commitment to each other. A well-prepared application addresses each of these areas with supporting documentary evidence.

Stage 1 — Subclass 820 Partner Visa (Temporary)

The Subclass 820 visa is the first stage of the onshore partner visa process. It is a substantive visa that allows the holder to live, work, and study in Australia without restriction while the permanent stage of the application is assessed. Subclass 820 holders may travel in and out of Australia and, in most cases, access Medicare.

At this stage, the applicant and sponsor must provide evidence that their relationship is genuine and continuing. The evidentiary bar is high. The Department of Home Affairs expects documentation across all four relationship assessment categories, including evidence of shared finances and household arrangements, evidence of a shared social life, and evidence of the nature of the couple’s commitment. Statutory declarations from the applicant and the sponsor are required, and supporting statements from friends and family members who can attest to the relationship strengthen the application considerably.

Identity documents, health assessments, and character documents, including police clearances from Australia and any other countries where the applicant has lived for 12 months or more in the past 10 years, are also required. Applicants whose current visa expires before a decision is made on the Subclass 820 stage will ordinarily be granted a Bridging Visa A (BVA), which activates upon the expiry of their substantive visa and allows them to remain lawfully in Australia during the processing period. If travel is required during this time, a Bridging Visa B (BVB) must be applied for before departing Australia.

Stage 2 — Subclass 801 Partner Visa (Permanent)

Following a two-year waiting period from the date of initial lodgement, eligible Subclass 820 holders become entitled to have their application assessed for the permanent Subclass 801 partner visa. At this stage, the applicant must demonstrate to the Department of Home Affairs that the relationship remains genuine and ongoing.

The permanent stage is not lodged as a separate application. It forms part of the combined Subclass 820/801 application lodged at the outset. Updated evidence of the relationship, including more recent financial and household documentation, correspondence, and statutory declarations, is typically required to support the permanent stage assessment.

Once the Subclass 801 visa is granted, the holder becomes a permanent resident of Australia. Permanent residency carries a five-year travel facility, within which the holder may travel in and out of Australia freely. After five years, a Resident Return Visa (Subclass 155) is required to continue travelling internationally while maintaining permanent residency. Permanent residents may also, subject to meeting the general residency requirements, apply for Australian citizenship.

Double Grant of the Subclass 820 and 801 Visas

In certain circumstances, the Department of Home Affairs may grant both the Subclass 820 and Subclass 801 visas simultaneously, rather than in two separate stages. This is known as a double grant. A double grant becomes available where the applicant’s relationship has already lasted long enough at the time of lodgement to satisfy the requirements for the permanent stage directly.

Applicants in longstanding relationships spanning several years may be eligible for a double grant. Not all long-term relationships will qualify; the decision turns on the specific evidence provided and how the application is prepared and presented. Where a double grant request is appropriate, it must be explicitly made within the application. A migration lawyer can assess whether the circumstances warrant a double grant request and, where they do, ensure the application is structured to meet that threshold.

[aml_difference] [/aml_difference]

Subclass 820/801 Partner Visa Application Fee

The combined government application charge for the partner visa is $11,710 for the primary applicant (effective 1 July 2026). This single charge covers both the Subclass 820 and Subclass 801 stages; there is no additional Department of Home Affairs fee when the permanent stage is later assessed. Where secondary applicants are included, an additional charge applies: $5,860 per additional applicant aged 18 or over, and $2,935 per additional applicant under 18. These figures are set by the Department of Home Affairs and are subject to change.

The government application fee is payable at the time of lodgement. The Department of Home Affairs does not accept split payments. Accepted payment methods include debit and credit card, PayPal, UnionPay, and BPAY. Professional legal fees payable to Australian Migration Lawyers for preparing and lodging the application are separate from the government charge and vary depending on the complexity of the individual case.

If you need to travel outside Australia while your Subclass 820 application is being processed and you hold a Bridging Visa A, a Bridging Visa B will be required before you depart. You can check the current Bridging Visa B application charge directly on the Department of Home Affairs visa pricing page, or contact our migration lawyers for guidance.

Processing Times for the Partner Visa (Subclass 820)

Partner Visa 820 processing times vary depending on the strength and completeness of the application, the evidence provided, and the Department of Home Affairs’ overall processing caseload at the time of lodgement. There are no guaranteed timeframes, and the Department does not publish binding processing commitments. Processing times are updated monthly and can shift from one period to the next.

According to the Department of Home Affairs’ Global Visa Processing Times guide, 50% of Subclass 820 applications are currently processed within 22 months, and 90% are processed within 30 months. Applicants should plan for a processing period of at least two years in most cases. Delays are often attributable to incomplete applications, missed character checks, or outdated health assessments. A thorough, decision-ready application reduces the likelihood of requests for further information from the Department of Home Affairs.

For the most current processing time estimates, check the Department of Home Affairs’ Global Visa Processing Times page directly, or contact our migration lawyers for guidance.

Special Circumstances — What If the Relationship Ends or Changes?

Several circumstances can arise during the Subclass 820/801 application process that may affect how the application is assessed.

If the relationship ends before the Subclass 820 visa is granted, the applicant may still be eligible in limited circumstances, including where the applicant has experienced family violence during the relationship, where the couple shares a dependent child, or where the sponsoring partner has passed away. Each of these circumstances carries its own legal requirements, and the specifics of the situation will determine the applicable pathway.

Children of the applicant may be included as secondary applicants in the partner visa application. A dependent child is generally under 18 years of age. Children must be included before a decision is made on the Subclass 820 stage. Student visa holders who apply for the Subclass 820 while on a student visa must continue to pay international student fees and comply with all student visa conditions until their student visa expires or the Subclass 820 visa is granted, whichever occurs first.

From Permanent Residency to Australian Citizenship

Holding the Subclass 801 visa grants permanent residency, from which the pathway to Australian citizenship becomes available. To be eligible to apply for citizenship by conferral, applicants must generally have been lawfully present in Australia for four years immediately before applying, including at least one year as a permanent resident. The general eligibility requirements also include satisfying the character requirement and demonstrating an intention to reside in Australia or maintain a close and continuing association with the country.

Australian citizenship carries meaningful advantages beyond those available to permanent residents, including the right to hold an Australian passport, visa-free or visa-on-arrival access to a large number of countries, eligibility for Australian government employment, and freedom from ongoing visa compliance obligations.

[câu chuyện thành công] [/câu chuyện thành công]

Luật sư di trú Úc có thể giúp gì

The Subclass 820/801 application process involves a substantial body of evidence preparation and legal compliance. Partner visa applications are refused at a notable rate each year, most commonly due to insufficient or poorly organised evidence that the relationship is genuine and continuing.

At Australian Migration Lawyers, our team of migration lawyers works with applicants through every stage of the process, from document preparation and lodgement through to responding to the Department of Home Affairs’ requests for further information. We act in accordance with the Migration Act 1958 and our legal obligations to ensure that each application is lawfully and thoroughly prepared. Our lawyers can assess whether your circumstances may support a double grant, advise on the strength of your evidentiary position, and prepare written submissions specific to your situation. We also work with Australian Translation Services to ensure that all foreign language documents are translated into Australian English as required.

If you are considering an 820 partner visa application in Australia, or have already lodged and need legal support during the process, contact Australian Migration Lawyers today. Book a free consultation with one of our qualified migration lawyers to discuss your circumstances. In-person, video, and telephone consultations are available.