Free Guide · 2025
Subclass 820 & 801
Partner Visa Guide
Check your eligibility, understand what evidence you need, and learn what to expect at each stage of the Australian partner visa process.
1. Is your partner an Australian citizen, permanent resident, or eligible New Zealand citizen?
2. Are you currently inside Australia?
3. What is your relationship status?
4. How long have you been together?
5. Do you have children together?
6. How would you describe your relationship?
820 vs 801: What's the Difference?
Subclass 820 — Temporary
- Granted when you first apply (onshore)
- Allows you to stay in Australia legally while your 801 is assessed
- Full work and study rights
- Can travel in and out of Australia
- Automatically bridges to 801 assessment after 2 years
- No separate 801 application required — it's part of the same application
Subclass 801 — Permanent
- Permanent residency granted after 2-year waiting period
- Department reviews the relationship again at the 2-year stage
- Must still be in a genuine relationship at time of 801 decision
- Grants full permanent residency rights
- Pathway to Australian citizenship after meeting residency requirements
- Eligible for Medicare, most government services
Offshore applicants (outside Australia): If you are outside Australia when you apply, you apply for a Subclass 309 (temporary) visa followed by Subclass 100 (permanent). The eligibility requirements are essentially the same but the visa subclass numbers differ. The 309 allows you to come to Australia while your case is assessed.
The Partner Visa Process
1
Lodge the combined 820/801 application
You submit one application that covers both the temporary 820 and permanent 801 visa. Pay the application charge (which covers both stages). Include all supporting evidence with your initial lodgement.
2
820 temporary visa granted
After initial assessment, the 820 visa is granted, giving you the right to stay in Australia, work, and study while the 801 assessment continues. A bridging visa covers you in the meantime if you are already in Australia.
3
Two-year waiting period
Most applicants wait at least 2 years from the date of application before the 801 can be granted. During this time, continue to build evidence of your ongoing genuine relationship. The Department may request updated information.
4
801 permanent visa granted
The Department reviews the relationship again. If the relationship is genuine and ongoing, the 801 permanent resident visa is granted. You now have permanent residency in Australia.
The Department of Home Affairs publishes current processing times on their official website. Processing times vary significantly by case complexity. Check official processing times →
Evidence Required
Strong applications include evidence across all four relationship categories below.
Financial Evidence
- Joint bank account statements
- Joint loan or mortgage documents
- Joint insurance policies
- Shared utility bills
- Each other listed as beneficiary
Shared Living / Household
- Joint lease or rental agreement
- Statutory declaration from landlord
- Shared address on correspondence
- Both names on property documents
- Evidence of living together (mail)
Social Evidence
- Statutory declarations from friends/family
- Photos together at social events
- Travel evidence together
- Social media and public recognition
- Invitations addressed to both of you
Commitment Evidence
- Marriage certificate (if married)
- State de facto registration certificate
- Future plans (property, travel, children)
- Communication evidence (messages)
- Partner listed in will or as next of kin
Frequently Asked Questions
Do I need to be living in Australia to apply for the 820 visa?+
Yes. The Subclass 820 visa is an onshore visa — you must be in Australia when you lodge the application and when the visa is granted. If you are outside Australia, you apply for the Subclass 309 (temporary) visa instead, which has essentially the same eligibility requirements but is the offshore equivalent. Both the 820 and the 309 are lodged together with their permanent counterparts (801 and 100 respectively) as a single application.
We have been de facto for less than 12 months. Can we still apply?+
Generally, de facto couples must have been living together in a genuine relationship for at least 12 months before applying. There is an exception if you have registered your de facto relationship with an Australian state or territory authority (where a de facto register exists). If you are married, the 12-month requirement does not apply. If you are approaching the 12-month mark, it is worth waiting until you meet the requirement to avoid a potential refusal.
What happens to my status while I wait for the 801?+
Once your 820 is granted, you can stay in Australia lawfully. You have full work rights, study rights, and can travel in and out of Australia on the 820 visa. If you are on a bridging visa waiting for the 820 to be granted, your bridging visa allows you to remain in Australia but may have travel restrictions — check your specific bridging visa conditions. Once the 820 is granted, travel restrictions are lifted for most applicants.
What if our relationship breaks down before the 801 is decided?+
If the relationship breaks down permanently before the 801 is granted, you generally cannot proceed to the 801 stage — the permanent visa requires you to be in an ongoing genuine relationship at the time of decision. However, there is an important exception: if there was domestic violence in the relationship, there are provisions that may allow you to still be granted the permanent visa even if the relationship has ended. This is a sensitive and complex area — consult a migration agent or legal professional immediately if this applies to you.
Disclaimer: This guide is based on publicly available Department of Home Affairs information and is for general guidance only. Partner visa processing times, requirements, and fees can change. Always verify current requirements on the
official DoHA website or consult a Registered Migration Agent (MARA) or qualified lawyer.
