Subclasses 820 and 801 visa: Partner (onshore)

Streams

Home Affairs groups these two visas on its Partner visas (apply in Australia) page. Applicants lodge one application for both, and pay once.

820 Partner (Temporary)

The subclass 820 is the first stage. It lets the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily while the permanent visa is processed.

801 Partner (Permanent)

The subclass 801 is the permanent stage. It is usually only for people who hold a subclass 820 (or a Dependent Child visa, subclass 445). Home Affairs assesses it 2 years after the combined application was lodged.

820 visa requirements

Home Affairs lists these on the Eligibility tab of its 820 page:

• Relationship. In most cases, the applicant is the spouse (married) or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, when applying and while the application is decided.
• De facto relationships. Usually at least 12 months immediately before applying. This does not apply where there are compelling and compassionate circumstances, where the relationship is registered with an Australian state or territory authority, or in some cases involving a permanent humanitarian visa.
• Sponsor. The applicant and anyone applying with them must have an approved sponsor when lodging and while on the visa. The sponsor cannot be changed.
• Age. Married applicants must, in most cases, be 18 or older when they apply. De facto applicants must be 18 or older.
• In Australia. The applicant and family members applying must be in Australia when they apply. A visa with a no further stay condition (such as 8503) prevents an application unless a waiver is approved first.
• Substantive visa. Applicants without a substantive visa who did not previously hold a Prospective Marriage visa must show compelling reasons for the grant.
• Visa cancellations or refusals. Applicants without a substantive visa who have had a visa cancelled or refused may not be able to apply. Those who can apply must include extra documents, such as a sponsorship form and at least two statutory declarations.
• Certain regional visas. Holders of a 491 or 494 visa (or whose last substantive visa was one) must have held it for at least 3 years. For some older regional visas the period is 2 years.
• Health. The applicant and family members applying must meet the health requirement.
• Character. The applicant and family members applying must meet the character requirement.
• Debts. Any debt to the Australian Government is paid back or there is an arrangement to pay it back.
• Australian values. Applicants 18 and over sign the Australian Values Statement.
• Best interests of the child. Home Affairs might not grant the visa if it is not in the best interests of an applicant under 18.

Home Affairs notes that former Prospective Marriage visa holders may still be eligible if the relationship ends or the partner dies before they apply. Its family violence provisions can also apply.

801 visa requirements

The 801 page lists:

• Holding a subclass 820 or a Dependent Child visa (subclass 445).
• At least 2 years since the 820 and 801 application, unless the couple were in a long-term relationship when they applied.
• Still being the spouse or de facto partner of the same sponsor. Home Affairs says applicants might still be eligible if the relationship ends or the partner dies, or under the family violence provisions.
• Health, debt and best-interests-of-the-child requirements.

Sponsor requirements

The For Sponsors tab of the 820 page lists:

• The sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and Home Affairs approves the sponsorship.
• The sponsor is 18 or older. If a sponsor under 18 is married to the applicant, their parent or guardian might be able to sponsor.
• Most sponsors must meet character requirements, provide police certificates and consent to their convictions for relevant offences being disclosed to the applicant.
• Home Affairs may refuse the sponsorship if it is the sponsor's third partner sponsorship, if they sponsored another partner in the last 5 years, or if they were sponsored as a partner in the last 5 years. Exceptions include a dependent child of the couple, or a longstanding relationship.
• Limits also apply to some Contributory Parent visa and Woman at Risk (subclass 204) visa holders, and where a forced marriage is found.
• The sponsor must support the applicant and included family members financially and with accommodation. Sponsorship ends 2 years after the temporary visa is granted (or after first arrival, if the applicant was outside Australia at grant). There is no sponsorship charge.

What the visa lets you do

Home Affairs' 820 page says the 820 lets holders:

• live, work and study in Australia while the permanent 801 is processed, with full work rights
• travel to and from Australia as many times as they want
• attend free English classes through the Adult Migrant English Program, if eligible
• apply for Medicare

According to the 801 page, the 801 also lets holders:

• live, work and study in Australia indefinitely as a permanent resident
• sponsor eligible family members to come to Australia
• travel to and from Australia for 5 years from grant
• apply for Australian citizenship, if eligible

After 5 years, a Resident Return visa (subclass 155 or 157) is needed to re-enter Australia as a permanent resident. Home Affairs says holders who are granted any other visa while waiting (except a subclass 445) can no longer be granted the 801.

Family members and cost

A dependent child can be included at lodgement, or added before the 820 is decided. Family members applying must be in Australia and meet health and character requirements. After the 820 is granted, a child can only be added to the 801 by first getting a Dependent Child visa (subclass 445) (820 page).

One charge covers both the 820 and the 801. Home Affairs' Visa Pricing table lists:

The Visa Pricing table does not list a second instalment for this visa. It lists lower main applicant charges for some Prospective Marriage visa (subclass 300) holders:

Applicants who hold a Dependent Child visa (subclass 445) pay nil. From 1 July 2026, a lower charge applies to eligible Pacific Island and Timor-Leste citizens. Other costs, such as health checks, police certificates and biometrics, are extra.

Step by step

This follows the Step by step tab of Home Affairs' 820 page.

Before you apply

1. Check Home Affairs' processing times guide.
2. Gather identity documents, evidence of the relationship, documents about former relationships, and documents for any dependants. Documents not in English need translations.
3. Police certificates can be obtained before applying, but are valid for 12 months from issue.

Apply

1. Apply online in ImmiAccount while in Australia (New application, Family, Stage 1 – Partner or Prospective Marriage Visa), attach documents and pay the charge.
2. Give the sponsor the Transaction Reference Number (TRN). The sponsor then lodges the sponsorship application from their own or the applicant's ImmiAccount, from in or outside Australia.

After you apply

1. Home Affairs may ask for health examinations, biometrics, police certificates and a Form 80.
2. Applicants who held a substantive visa when applying get a Bridging visa A, which starts if their current visa expires.
3. Changes, such as to the relationship or a new baby, must be reported. Home Affairs decides the 820 in writing and does not refund the charge if it refuses the visa.
4. Two years after the combined application, the applicant lodges documents for the 801 stage in ImmiAccount (Stage 2 – Permanent Partner Visa Assessment), unless the 801 was granted straight after the 820.

Applying in or outside Australia

The 820 and 801 must be applied for in Australia, and family members applying must also be in Australia. Home Affairs can decide both the temporary and permanent visas while the applicant is in or outside Australia (820 page). People outside Australia apply for the Partner visa (subclasses 309 and 100) instead.

820 visa processing time

Home Affairs publishes current processing times in its visa processing times guide.

Compare: 820/801, 309/100 and 300