Australian Immigration Article

Understanding the 820/801 Partner Visa Pathway

The Partner Visa (Subclass 820 and 801) is designed for individuals who are in Australia and are in a genuine relationship with an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen. It’s essentially a two-act play:

• What is the Subclass 820 Visa? (The Temporary Act) The Subclass 820 visa is the first stage. It’s a temporary visa that allows you to live, work, and study in Australia while the Department of Home Affairs assesses your application for the permanent visa. You can also access Medicare (Australia’s public healthcare scheme) on an 820 visa.

• What is the Subclass 801 Visa? (The Permanent Act) The Subclass 801 visa is the second and final stage. This is the permanent visa. Being granted the 801 means you can stay in Australia indefinitely with your partner, with all the benefits of permanent residency.

The Two-Step Process Explained

When you apply for a partner visa from within Australia, you are actually applying for both the temporary (820) and the permanent (801) visa at the same time with a single application and one primary application fee. However, the Department generally processes these in two stages. You’ll typically be assessed for the temporary 820 visa first. Then, approximately two years after your initial application date, you’ll be assessed for the permanent 801 visa, provided your relationship is continuing and you meet all other requirements.

Australia Partner Visa 820 Eligibility Explained

Before diving into the application, it’s fundamental to see if you and your partner generally meet the core requirements.

For the Applicant (that’s likely you, if you’re reading this!):

• Age: You must generally be 18 years or older.
• Relationship: You need to be married to or in a de facto relationship with an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen.
• Location: Crucially, you must be in Australia when you lodge the application.
• Health: You need to meet certain health requirements. This usually involves undergoing medical examinations.
• Character: You must meet specific character requirements which involves providing police clearances.
• Valid Visa: Generally, you must hold a substantive visa (e.g., a student visa, visitor visa, or working holiday visa) that does not have a “no further stay” condition (like 8503) at the time of application. If you don’t hold a substantive visa, or if your visa has expired, the situation becomes more complex, and specific additional criteria (known as Schedule 3 criteria) may apply. Seeking specific advice in such situations is highly recommended.

For Your Sponsoring Partner:

• Status: They must be an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen.
• Age: They must generally be 18 years or older.
• Sponsorship Approval: They must be approved as your sponsor. There are limitations on how many times someone can sponsor a partner and how frequently.
• Character: They also need to meet certain character requirements, including providing police checks. They cannot have certain criminal convictions that would prevent them from sponsoring.

A crucial tip: It’s far better to assess your eligibility thoroughly before you lodge your application. Identifying any potential issues early on gives you time to address them.

What is a “De Facto” Relationship in the Eyes of Immigration?

If you’re not married, you’ll be applying as a de facto partner. The Department needs to be satisfied that your de facto relationship is genuine and continuing to the exclusion of all others. Here’s what they generally look for:

• You and your partner have a mutual commitment to a shared life to the exclusion of all others.
• Your relationship is genuine and continuing.
• You live together, or you do not live separately and apart on a permanent basis.
• You are not related by family.

The 12-Month Rule for De Facto Relationships

Generally, for a de facto relationship, you must be able to show that your relationship has existed for at least 12 months immediately before you apply for the visa. This 12-month period is counted up to the date you lodge your application.

Are there exceptions to the 12-month rule? Yes, there can be. For example, the 12-month requirement may be waived if:

• You have registered your de facto relationship with an Australian state or territory government agency that provides for such registrations (not all states/territories offer this).

The “Long-Term Relationship” Advantage: A Quicker Path to Permanent Residency?

In some circumstances, you might be granted both the temporary 820 visa and the permanent 801 visa at the same time. This is often referred to as a “double grant.” This typically happens if you can demonstrate that you are in a “long-term relationship” at the time you lodge your application.

(Couples in a genuine long-term relationship may receive a “double grant” of both the 820 and 801 visas, speeding up permanent residency in the 820 Partner Visa process.)

A “long-term relationship” for these purposes generally means:

• You and your partner have been in a spousal or de facto relationship for 3 years or more; OR
• You and your partner have been in a spousal or de facto relationship for 2 years or more, AND there is a dependent child of your relationship.

If you meet this, it means you could bypass the usual two-year waiting period on the temporary 820 visa before the 801 is assessed.

Proving Your Relationship: The Four Pillars of Evidence

The heart of your partner visa application is the evidence demonstrating that your relationship is genuine and continuing. The Department assesses this against four key aspects, often called the “four pillars” or “four broad categories of evidence”:

(Example of Form 888, a crucial document in the 820 Partner Visa Australia application, used to provide third-party evidence supporting your relationship.)

1. Financial Aspects of Your Relationship:

   • What it means: This looks at how you share financial responsibilities and manage your money as a couple. It’s about demonstrating financial interdependence.
   • Examples of evidence:
     
     • Joint bank account statements showing shared income and expenses.
     • Joint ownership of major assets (e.g., a house, car).
     • Joint loans or credit cards.
     • Shared household bills (rent, utilities) in both names.
     • Evidence of one partner financially supporting the other if, for example, one is studying or not working.
     • Naming each other as beneficiaries in wills or superannuation.
   • Our Tip: Consistency and evidence over time are valuable here. Show how you’ve managed finances throughout your relationship, not just in the weeks before applying.

2. The Nature of Your Household:

   • What it means: This pillar focuses on your living arrangements and how you share domestic life.
   • Examples of evidence:
     
     • A joint lease agreement or mortgage documents.
     • Utility bills (gas, electricity, internet) addressed to both of you at the same address.
     • Mail addressed to both of you (or individually) at the same address over time.
     • Statements detailing how you share household chores and responsibilities.
     • Evidence of joint responsibility for children, if applicable.
     • Photographs of your shared living space.
   • Our Tip: Paint a picture of your day-to-day life together. How do you operate as a household unit?

3. Social Aspects of Your Relationship:

   • What it means: This is about how your relationship is seen by others. Your friends, family, and the wider community.
   • Examples of evidence:
     
     • Statutory declarations (Form 888s) from Australian citizens or permanent residents who know both of you and can attest to your relationship.
     • Photographs together across different occasions and with family and friends.
     • Joint travel documents (flight tickets, hotel bookings).
     • Invitations to events addressed to you as a couple.
     • Evidence of joint participation in social, cultural, or sporting activities.
     • Social media evidence showing your relationship is public (use with discretion and ensure it’s consistent).
     • Our Tip: Form 888s are quite important. Choose people who know you well and can provide specific details about your relationship. Show, don’t just tell, that your relationship is known and accepted.

4. The Nature of Your Commitment to Each Other:

   • What it means: This pillar delves into your mutual commitment for the long term. It includes your knowledge of each other, the emotional support you provide one another, and your intentions for a future together.
   • Examples of evidence:
     
     • Detailed relationship statements from both you and your partner about the history of your relationship, your feelings for each other, significant events, periods of separation (if any, and how you maintained contact), and your future plans.
     • Evidence of ongoing contact during any periods of separation (e.g., call logs, messages – summarize, don’t just dump raw data).
     • Knowledge of each other’s personal circumstances (family, background, aspirations).
     • Terms of your wills (if you’ve made them and named each other).
     • Evidence that you have declared your relationship to government bodies or other institutions.
   • Our Tip: Your relationship statements are your opportunity to tell your story in your own words. Be genuine, detailed, and consistent with the other evidence you provide.

(Sample relationship statement statutory declaration, essential for demonstrating genuine and ongoing commitment in your 820 visa evidence guide.)

The Department looks for a holistic view. You don’t necessarily need to have mountains of evidence in every single sub-category, but you do need to provide sufficient information across all four pillars of your relationship to paint a convincing picture of your genuine and continuing relationship.

Timing is Everything: Your Visa Status and Lodging the Application

• Holding a Substantive Visa: As mentioned, you generally need to hold a valid substantive visa when you apply for the 820 partner visa onshore. A substantive visa is any visa that is not a bridging visa, a criminal justice visa, or an enforcement visa.
  
   
• No Substantive Visa / Schedule 3 Criteria: If you do not hold a substantive visa at the time of application (e.g., your previous visa has expired and you are on a bridging visa granted due to that expiry, or you are unlawful), you may still be able to apply, but you will likely need to meet what are known as “Schedule 3 criteria.” These criteria are complex and often require demonstrating compelling reasons for the visa to be granted. This is a challenging area, and seeking professional guidance is very important if you are in this situation.

(During the onshore partner visa 820 processing time, DOHA may issue a Schedule 3 invitation to comment letter requesting further evidence to assess your 820 partner visa eligibility.)

• Bridging Visas: When you lodge a valid 820 partner visa application onshore while holding a substantive visa, you will typically be granted a Bridging Visa A (BVA). This BVA will come into effect when your current substantive visa expires, allowing you to remain lawfully in Australia while your 820 visa application is being processed. A BVA generally allows you to work and study.
  
   
• Travel Rights While Processing: A Bridging Visa A (BVA) ceases if you leave Australia. If you need to travel overseas while your 820 visa is processing and you are on a BVA, you must apply for and be granted a Bridging Visa B (BVB) before you depart Australia. A BVB allows you to leave and re-enter Australia for a specified period.

Health and Character for 820 Partner Visa: Non-Negotiable Requirements

These are fundamental checks for almost all Australian visas.

• Health Requirements:

  • You (the applicant) and any dependent family members applying with you must meet the health requirement.
  • This usually involves undergoing medical examinations with a panel physician approved by the Department. This may include a physical examination, chest x-ray, and blood tests (e.g., for HIV).
  • You can choose to do your medicals after you lodge your application (the Department will request this if you haven’t) or sometimes shortly beforehand if you have a HAP ID generated after lodging. Visa medicals are generally valid for 12 months. If your visa takes longer than this to process, you might need to do them again. Discuss the timing with your migration lawyer if you have one.

• Character Requirements:

  • Both the applicant and the sponsor must meet character requirements.
  • This primarily involves providing police clearance certificates from every country you (and your sponsor) have lived in for a total of 12 months or more in the last 10 years since turning 16.
  • You must declare all criminal convictions, past and present. Failing to disclose information can have serious consequences for your application.

The Financial Side: Understanding the Costs of Applying For 820 Visa Australia

Applying for a partner visa is a significant financial undertaking. It’s important to be prepared for the costs involved.

• Visa Application Charge (VAC): This is the main fee payable to the Department of Home Affairs when you lodge your application. As of May 2025, the base application charge for the 820/801 partner visa is substantial (currently AUD 9,095, but this is subject to change. Always check the Department’s website for the most current fee). This fee covers both the temporary and permanent visa applications.
  
   
• Other Potential Costs:
  
  • Health examinations (costs vary depending on the tests required and the clinic).
  • Police clearances (costs vary by country).
  • Translation of documents not in English (must be done by an accredited translator).
  • If you choose to use an immigration lawyer, their professional fees will also be a factor.

Budgeting for these associated costs is an important part of your preparation.

After the 820 Partner Visa Grant: The Journey to the 801 Permanent Visa

Receiving your Subclass 820 partner visa (Temporary) is a wonderful milestone, but it’s not the end of the road. The ultimate goal for most is the permanent Subclass 801 partner visa.

• Eligibility for the 801 Visa: You usually become eligible to be assessed for the 801 permanent visa 24 months (2 years) after you initially lodged your combined 820/801 visa application. Note that this is from the lodgement date of your application, not the grant date of your 820 visa.
• The Importance of the Second Stage: The Department will invite you to provide further information for the 801 visa assessment around your eligibility date. It’s vital that you (or your migration lawyer, if you have one) respond to this and provide the requested documents. Failing to do so could put your permanent residency at risk.
• How to Apply/Provide Documents for the 801 visa: This is generally done through your ImmiAccount, the same online portal used for the initial application. You’ll need to complete an online form and upload updated evidence.
• What’s Needed for the 801 Visa Assessment: Essentially, you need to demonstrate that your relationship with your sponsoring partner is still genuine and continuing, and that you have continued to meet the visa requirements. This means providing updated evidence covering the four pillars (financial, household, social, commitment) for the period since your 820 visa was granted (or since your initial application if a lot of time has passed).
• No Additional Visa Application Charge for the 801: The good news is that you paid the main visa application charge when you first applied for the 820/801. There isn’t another large VAC for the 801 assessment stage.

Onshore Partner Visa 820 Processing Time

his is often one of the biggest questions, and unfortunately, there’s no one-size-fits-all answer.

• Processing times for the Subclass 820 visa (and subsequently the 801 visa) can vary significantly. They are influenced by factors such as the volume of applications the Department is handling, the complexity of your case, and how complete and well-prepared your application is.
• The Department of Home Affairs publishes global visa processing times on its website. These are indicative only and can change. It’s wise to check these periodically to get a general idea, but remember that individual application processing times will differ.
• A thoroughly prepared, “decision-ready” application, where all necessary information and evidence are provided upfront, can contribute to smoother processing. Conversely, incomplete applications or those with complex issues (e.g., health waivers, character concerns, Schedule 3 issues) will naturally take longer.

Final Thoughts: 820 Visa Evidence Guide

The journey to an Australian Partner Visa is indeed a detailed one, requiring careful preparation, attention to detail, and a good understanding of the requirements. Your relationship is unique and the way you present your evidence should reflect that.

Gathering your documents, writing your statements and navigating the online application system can feel overwhelming at times. Remember to:

• Be Thorough: Don’t cut corners with your evidence.
• Be Honest: Full disclosure is critical.
• Be Organised: Keep copies of everything you submit.

This 820 visa evidence guide aims to provide you with a solid understanding of the steps and tips involved in the Subclass 820 Partner Visa process. Navigating this pathway calls for careful planning and execution. If you are looking to understand how these extensive requirements apply to your personal circumstances or feel you would benefit from tailored guidance to map out your application strategy, seeking assistance from an Australian immigration lawyer can be an invaluable step. They can help you put together a comprehensive application and address any specific complexities your case might present.

We wish you all the very best on your partner visa journey and your future together in Australia.