Subclass 820 Partner Visa Requirements: Eligibility, Evidence and the 801 Stage

The Subclass 820 evidence workbook: from a real relationship to a readable application

The legal requirements above tell you what must be considered. This workbook explains how to organise the facts so those requirements can actually be assessed. Use it with your own records. It is not a script for creating a more convenient history, and the examples are hypothetical.

Start with the question you need answered. Are you unsure whether you qualify as de facto partners? Are you married but living apart for work? Does one partner have an earlier sponsorship? Are you on a bridging visa? Different problems require different work. Collecting another hundred photographs is unlikely to resolve a question about your current visa conditions.

You can work through the sections in order or use the headings to find your issue. Keep one running list of questions for your lawyer. Separate confirmed facts, estimates and matters requiring advice. That distinction makes a consultation more useful and helps prevent an uncertain date quietly becoming a confident answer in three different forms.

1. Make a one-page map of the application

A useful preparation file begins with a summary rather than an enormous attachment folder. Record the applicant's name, sponsor's name, proposed visa pathway, present location, current visa, expiry date and important conditions. Add the sponsor's Australian status and the date you expect to apply. These are the facts that frame the rest of the work.

Then identify the relationship basis: marriage or de facto partnership. If married, record the ceremony date and where it took place, together with any previous marriages and how they ended. If relying on a de facto relationship, distinguish the date you first met from the date you say you began a shared life as partners. Those dates may be different without anything being wrong.

Add a short list of issues requiring advice. For example: a period living in different cities; an earlier declaration of being single; a previous partner sponsorship; a pending application; children from another relationship; or uncertainty about whether a visa remains in effect. An issue list is not an admission that the application will fail. It is a way of making sure the important work is done first.

Keep the summary factual. If you cannot locate a notice, write that it is missing and explain what you do know. Guessing the legal effect of an email is a poor substitute for obtaining the document. The summary should help the reviewer find the evidence, not force them to reconstruct your entire immigration history from a collection of screenshots.

2. Build a relationship chronology that can survive a second reading

A chronology is a dated account of how the relationship developed. It should explain the transition from meeting to dating to a shared life, followed by important changes such as moving house, meeting family, becoming engaged, marrying, caring for each other or making longer-term plans. You do not need a ceremonial date for every emotional development.

For each event, note the source. A flight record may establish travel, a tenancy agreement may establish a residence arrangement, and a message may help explain a decision. None automatically proves everything about the relationship. A chronology becomes useful when it connects these records to the event being described and identifies what remains uncertain.

Suppose you remember moving in during February but cannot recall the exact day. Check the lease, rent transfers, removal booking, utility records and contemporaneous messages. If the evidence only supports an approximate date, explain that honestly. Do not select a precise date merely because the online field looks impatient. Ask how to record uncertainty appropriately in the particular form.

Compare the chronology with both partners' statements before signing. Different memories of a small event are not necessarily alarming, but incompatible accounts of when you began living together deserve attention. The answer is to investigate the difference. It is not to rewrite one person's memory until both statements sound suspiciously like the same author.

Your chronology should make the relationship easier to understand. It should not make the relationship look as though it was project-managed by the visa application.

Keep an explanation of genuine complexity. A relationship may develop gradually, include temporary separations or move across several countries. A clear account of a complicated history is more useful than an artificially simple account that collapses when compared with the passport or an earlier application.

3. Understand what the de facto commencement date actually means

Couples often know exactly when they first met and find the de facto commencement date harder. That is understandable. Dating, exclusivity, emotional commitment, sharing some expenses and establishing a shared life do not necessarily happen on the same day. The legal assessment concerns the nature of the relationship and the applicable requirements, not the most attractive anniversary.

Write down what changed over time. When did you begin organising life around each other? How did your living arrangements work? What responsibilities did you share? Who knew about the relationship? How did you support each other? These questions help identify the facts relevant to the relationship definition without pretending that one social-media announcement decides the issue.

The usual duration requirement must be considered with its exceptions and the circumstances of the application. Where prescribed relationship registration is being considered, check the relevant jurisdiction's actual requirements and whether the registration relied on addresses the legal issue in your case. State registration is not a substitute for a genuine relationship or permission to ignore visa conditions.

A couple who has been dating for two years may have established a de facto relationship more recently. Another couple may have a well-established shared life while temporarily residing apart. Neither conclusion should be reached from the number of photographs or the length of the message history alone. Analyse the substance and support the explanation with records.

If the date is decisive because the current visa expires soon, get advice before lodging. Time passing after an application is made should not be assumed to repair a requirement that had to be met when the application was made. A later document may confirm an earlier fact; it does not automatically create that fact retrospectively.

For a focused discussion of registration, bring the registration application, certificate if issued, relevant dates and the evidence of the relationship itself. A screenshot saying an application is being processed may have a different significance from a completed registration. Your preparation should preserve that difference.

4. Explain the financial arrangement you actually use

Financial evidence is often misunderstood as a competition to produce the oldest joint bank account. Start with how your household really operates. Who earns income? Who pays rent? How do you divide groceries, utilities, transport and larger costs? Does one person provide financial support while the other studies, cares for a child or looks for work?

Couples can organise money differently. Some pool income, some maintain separate accounts and some use a shared account only for household bills. The explanation should show the arrangement, how long it has operated and the records supporting it. Separate finances need context; a joint account still needs evidence of meaningful use.

For example, if one person pays rent and the other covers groceries and utilities, prepare a short explanation with representative records across the relevant period. Avoid describing every transfer as proof of equal contributions when the actual arrangement is unequal. A relationship is not made less real because partners have different incomes or contribute in different ways.

Do not move money in circles to manufacture the appearance of shared finances. That creates transactions to explain without necessarily adding useful evidence. Likewise, do not take out debt or change property ownership simply because a checklist mentions loans or assets. Gather existing evidence and seek advice before making financial decisions with consequences beyond the visa.

Our Partner Visa income and financial requirements guide discusses the separate questions of sponsorship and relationship financial evidence. A sponsor's salary and the way a couple manages shared life are related facts, but they are not the same legal question.

5. Make household evidence understandable when your housing is ordinary

Many couples do not have a perfect lease with both names neatly printed on page one. They may live with parents, share with friends, rent a room informally or move between accommodation while looking for something permanent. Describe the arrangement accurately instead of trying to make it resemble a property advertisement.

Identify the address, the relevant period, who lived there, who held the lease and how costs were managed. If one partner moved into an existing tenancy, explain when that happened. If the landlord would not add another name, do not invent a joint lease. Consider other contemporaneous records and whether someone with direct knowledge can describe the arrangement.

Household evidence is broader than an address. It can explain responsibilities, shopping, cooking, cleaning, caring duties, routines and practical decisions. Specific examples help: who takes a child to school, how shifts affect meals, or how you managed the household during an illness. A generic statement that you share all responsibilities equally may say less than an accurate account of an uneven but agreed arrangement.

Addresses should also make sense across documents. A driver's licence or bank record may show an earlier address because it was not promptly updated. Explain the difference and establish where you actually lived. Do not assume that every outdated address destroys the application, or that an inconsistency can safely be ignored because the relationship is genuine.

Keep the distinction between residential and mailing addresses visible. Using a relative's address for mail does not necessarily mean you lived there. If different forms ask different questions, answer each question rather than automatically copying the same address everywhere. Our Form 80 preparation guide can help organise a wider address history.

Avoid collecting private information about housemates that is unnecessary to explain your arrangement. Where third-party documents are relevant, discuss how to provide them appropriately and whether unrelated sensitive material should be dealt with separately. Accuracy and sensible privacy can work together.

6. Select social evidence without turning your private life into a campaign

Social evidence can help show how the relationship is known and understood by other people. Consider family visits, friendships, invitations, celebrations, travel and ordinary shared activities. The aim is to explain the relationship's place in your life, not to produce a public relations calendar for the Department.

Photographs are easier to understand when labelled with the approximate date, place, people shown and context. Select a sensible spread rather than uploading every near-identical image. A small collection spanning meaningful periods may explain more than several hundred pictures from one holiday. Keep originals and do not alter images to create an event or connection that did not exist.

Witnesses should describe what they personally know. A friend who sees you regularly can explain that contact. A relative overseas may know the relationship through calls and visits. Neither should pretend to have observed daily household life if they have not. Follow the current instructions for any supporting declaration, including who may complete it and what identification or execution requirements apply.

Some relationships are kept private because of family disapproval, cultural expectations, sexuality, safety or professional circumstances. Explain the context carefully. Lack of a large wedding or public social-media history does not answer the whole case. The reviewer needs to understand what evidence exists, why some evidence may be limited and what other reliable material supports the relationship.

Never pressure someone to disclose a relationship publicly or contact a hostile relative merely to satisfy an imagined checklist. Discuss safe ways to explain the circumstances. Evidence gathering should support an accurate application while respecting real risks. A lawyer should know about those risks before recommending contact with a particular person.

For any witness material, check names, dates and the basis of knowledge. Do not distribute a finished story for people to sign as though it were their own recollection. A witness can receive guidance about the topics to address while still using their own truthful account.

7. Show commitment through conduct and context

Commitment evidence concerns more than a declaration that you love each other. Explain how the relationship has developed and how you organise life as a couple. Examples may include supporting each other through illness, making plans about housing, caring for relatives, discussing children or adapting work and study around shared responsibilities.

Choose examples that actually happened and describe the context. If one partner changed a work arrangement to provide care, explain when, why and how that worked. If you have future plans, distinguish decisions already made from possibilities still under discussion. An intention to buy a home is different from a signed contract, and neither should be described as the other.

Periods of difficulty deserve an honest account where relevant. A relationship does not need a fictional history without disagreement. However, important separations, a breakdown followed by reconciliation or an extended period with limited contact may require careful legal and factual assessment. Do not hide a material event under a phrase such as we were simply busy.

Some records, such as beneficiary nominations or emergency contact details, may be relevant when they genuinely reflect your arrangements. They are not compulsory relationship accessories to obtain without understanding their effect. Changing a will, insurance nomination or property arrangement can carry consequences beyond migration evidence. Obtain the appropriate advice before making those decisions.

The practical question is whether the evidence and statements explain a genuine and continuing relationship under the applicable requirements. A heartfelt statement can provide important context, but it should work with the chronology and records. Emotional language cannot resolve a contradiction about whether you were living together or separated at a relevant time.

8. Write two statements that sound like two people

Each partner should describe their own experience. Cover the relationship's development, living arrangements, finances, social life, commitment and significant periods apart. Explain unusual circumstances directly. You do not need to use legal language to make the account sound important. Precise, ordinary sentences are often easier to assess.

A useful paragraph answers who, what, when and why. Instead of saying we have always supported one another, describe a specific period, the support provided and any records that help establish it. Avoid turning the statement into a list of attachments. Use the documents to support the account while keeping the narrative readable.

Read both statements beside the chronology. Check major dates, addresses, travel and earlier relationships. Where there is a genuine difference in recollection, investigate it and explain what can be established. Perfectly identical wording is not a requirement and can erase the personal knowledge each partner brings to the application.

If you use a writing assistant or translation tool, verify every sentence. Such tools can confidently invent transitions, dates and emotional detail. They do not know your relationship, and a polished invention remains an invention. Keep a version history so you can distinguish the original account, edited draft and final statement you approve.

Before signing, read the full final version, including any changes someone else made. Ask for clarification of words you do not understand. If interpretation or translation is needed, arrange an appropriate process. Signing a statement because another person said it looked good is not a substitute for confirming it accurately records your evidence.

The goal is not to sound like a lawyer. The goal is to give your lawyer, and ultimately the decision-maker, an accurate account that can be checked.

9. Explain time apart without pretending distance never happened

Couples can spend time in different places because of work, study, family responsibilities, travel restrictions, health or immigration circumstances. Start with the actual dates and reason for the separation. Explain the arrangement before, during and after that period, and whether the relationship continued as a shared life.

Prepare a short period-by-period account. Record where each person was, how you communicated, what support continued, whether you visited and what plans you made. Select records that illuminate those facts. A message export covering every ordinary conversation may be less readable than a carefully explained selection with relevant travel and financial records.

For example, one partner may complete a placement interstate while the other remains in the shared home. Useful evidence might explain the temporary work requirement, continuing household arrangement, visits and eventual return. That is a different factual situation from two people who have never established a shared life and intend to do so later. The label long-distance relationship does not decide which situation applies.

If the separation included a relationship breakdown, tell the lawyer. Do not describe a period as work travel if you had actually ended the relationship and later reconciled. The legal significance depends on the circumstances and relevant time. Accurate advice requires the real history, including facts that are uncomfortable to discuss.

Travel evidence should also match the broader application. Check passport stamps, itineraries and address histories. A booked flight may establish an intention, while a boarding record or passport history may help establish what actually occurred. Keep cancelled plans distinct from completed travel so the chronology does not accidentally place you in two countries at once.

10. Review the sponsor before you finish the document pile

The applicant's relationship evidence is only one part of the assessment. Confirm the sponsor's relevant Australian status and obtain the records needed to understand previous partner sponsorships and the sponsor's own migration history. Do not rely solely on a memory that an earlier relationship was a very long time ago.

Prepare a factual history identifying previous applications, grants and relationships. Where documents are missing, list what is known and seek the relevant record through an appropriate process. Dates used by sponsorship rules may differ from the date a couple separated or divorced. A lawyer needs the actual immigration events to assess the position.

Relevant criminal history should be raised early and accurately. Distinguish charges, outcomes, convictions and other orders rather than compressing everything into a reassuring sentence. Do not assume a matter is irrelevant because it was overseas, old or discussed with a previous adviser. Its significance requires assessment against the applicable rules and disclosure questions.

There can also be professional responsibility issues where both partners seek advice but their interests or instructions differ. Ask who the client is, how confidentiality works and what happens if a conflict arises. Payment of the bill by one person does not by itself answer every question about access to advice or information.

Read our Partner Visa sponsorship limitations guide for a more detailed preparation framework. Where an exception or legal submission needs consideration, confirm whether that work is included in the agreed service. A routine evidence check may not include a full argument about a sponsorship limitation.

11. Separate application validity, visa conditions and Schedule 3

These issues are often bundled into one anxious question: can I apply? They need to be separated. Application validity concerns whether the proposed application can lawfully be made in the circumstances. Grant criteria concern what must be satisfied for the visa to be granted. Current visa conditions concern what you may do while holding that visa. A problem in one area is not automatically solved by strength in another.

Bring the current and relevant previous grant notices, refusal or cancellation decisions, application acknowledgements and review records. An application shown in ImmiAccount does not by itself explain every legal consequence. Identify which visa is currently in effect and whether any condition or statutory restriction needs assessment before the proposed lodgement.

Where the applicant does not hold a substantive visa, Schedule 3 may require careful work under the relevant partner provisions. Bridging visas are not substantive visas. A person can therefore be lawfully present yet still face an additional issue in the partner assessment. Equally, the mere mention of Schedule 3 does not establish that every case has the same answer.

If compelling reasons are being considered, organise the actual circumstances and evidence. That may include a chronology of illness, care, children or other relevant events, but no single label should be treated as an automatic result. The submission needs to connect the facts, timing and applicable test. A collection of sympathetic documents without analysis may leave the central issue unanswered.

Our Schedule 3 and bridging visa guide deals with that topic separately. Seek advice before allowing a substantive visa to expire, withdrawing another application or making travel plans in reliance on an assumed waiver. Those actions can have consequences that are difficult to reverse.

12. Plan the bridging period before changing work, study or travel

Lodging a partner application, receiving an acknowledgement, obtaining a bridging grant and having a bridging visa come into effect are distinct events. Read the actual notices. The visa currently in effect and its conditions determine your present position. Do not start with a friend's experience and work backwards until your grant letter appears to agree.

If you are moving from a student visa, do not assume that a partner application immediately removes enrolment or other student-visa obligations. Work through the current visa, the bridging grant, the expected transition and any change being considered. Our student visa to Partner Visa guide explains the preparation questions in more detail.

For work, keep a record of the visa in effect and the conditions applying to it. If you are unsure how a condition operates, obtain advice before accepting work that depends on a particular entitlement. A screenshot of a pending partner application is not a work-rights assessment.

For travel, check departure and return permission before booking. A Bridging Visa A does not provide the travel facility of a Bridging Visa B. Eligibility for a BVB, the purpose of travel and the actual travel period granted need separate consideration. Having permission to leave a country is not the same as having a visa that allows you to return to Australia.

If circumstances change after advice was given, ask whether the advice still applies. A new grant, refusal, trip or cancellation may alter the analysis. Immigration planning should use the current record, not a conclusion based on facts that have since changed.

13. Organise identity, children, health and character as separate workstreams

Relationship evidence can consume so much attention that other important parts of the file are left until the final evening. Create separate folders and issue lists for identity, children, health and character. Follow the current Home Affairs instructions and the requests relevant to the actual application.

Identity records should be consistent across names, dates and documents. Where names have changed or are recorded differently, preserve the supporting history and explain it. Do not silently edit a name in a statement to make it resemble another document. A genuine transliteration difference and an unexplained identity inconsistency require different explanations.

For children, identify who is included in the application and what evidence or permissions may be relevant. Parenting arrangements, consent and the rights of another parent can require careful assessment. Do not assume that being the primary carer or having a birth certificate answers every question about a child's migration. Obtain advice before moving a child across borders where consent or orders may be relevant.

Health and character matters should be disclosed accurately in response to the relevant questions. A medical condition does not invite a generic prediction about the result, and a past legal matter should not be dismissed without understanding it. Gather the relevant records, identify translations needed and ask whether additional professional evidence is appropriate.

Be careful with document timing. Some records can take time to obtain or may need to be current for the relevant assessment. Check the actual instructions instead of ordering every certificate at once and assuming it will remain suitable indefinitely. Keep an application tracker showing what was requested, when and what remains outstanding.

Where sensitive records are involved, agree on a suitable transfer method with your adviser. A public enquiry box is for a brief outline, not a complete medical or criminal file. Thoughtful document handling improves the quality of the review and protects information that does not need to circulate widely.

14. Use ImmiAccount as a submission system, not your only filing cabinet

Keep your own copy of the application and supporting documents. Home Affairs warns that supporting documents cannot be accessed through ImmiAccount after uploading and advises applicants to retain copies. Save the version actually submitted, not just the editable draft you continue changing on your computer.

Use filenames that identify the document, person and relevant period. For example, a concise label showing household expenses and the months covered is more useful than final-final-new2. Keep original documents separate from combined presentation files so the source remains available if a question later arises.

Before uploading, check legibility, orientation, completeness and the correct attachment category. A cropped scan can omit an important signature or date. A combined file can accidentally repeat one page while excluding another. These are practical problems that are easier to fix before submission than after an officer asks why a document appears incomplete.

Do not alter the substance of source documents to make them fit the narrative. Where a document contains an error, preserve the original and obtain advice about the appropriate correction or explanation. If a translation is needed, follow the current requirements and retain both the original-language material and translation.

Maintain a simple upload register: filename, description, relevant period, version, date uploaded and person who uploaded it. Where more than one person helps, nominate who controls the final set. Two well-meaning people uploading different drafts can create avoidable confusion. A clear record also helps if a lawyer is asked to review the application later.

Our ImmiAccount guide covers account preparation and management. Technical access to an application and legal responsibility for its contents are different issues. Confirm both when an adviser or family member assists.

15. Treat requests, corrections and changes as active parts of the case

After lodgement, keep monitoring the agreed communication channels. A request for information should be read in full, including what is requested, the deadline and how to respond. Do not assume that uploading a few new documents answers every concern. Map each part of the request to the proposed response and identify any legal issue requiring advice.

If you discover an error, investigate it promptly. Establish what was submitted, why it was wrong, the correct information and the records supporting the correction. A correction should make the position clearer. Quietly replacing a document without dealing with an important inconsistent answer may leave the problem unresolved.

Tell your adviser about material changes such as a new address, passport, child or relationship development. Keep evidence of any notification and the version provided. If the relationship has ended, get advice about the consequences and any provisions that may be relevant. Do not continue to describe a relationship as ongoing when it is not.

Family violence requires a safe, individual response. Eligible applicants may have access to specific provisions, but the requirements and evidence need assessment. You should not remain in an unsafe relationship because a sponsor claims to control the immigration outcome. Use a safe way to contact an adviser and explain any communication restrictions before documents are sent.

Where a refusal occurs, preserve the complete decision and notification details and seek advice promptly. Review rights and time limits depend on the actual decision and circumstances. Do not calculate a deadline from a general blog article or assume that sending an enquiry protects your position. A refusal changes the task from routine preparation to an assessment of the available next steps.

16. Prepare for the Subclass 801 stage without assuming it is automatic

The usual onshore pathway involves temporary and permanent partner stages. Home Affairs describes the usual permanent-stage eligibility point by reference to two years after the combined application, rather than two years after the temporary visa grant. Particular provisions and exceptions require assessment, so keep the original application date and all grant records.

Continue keeping evidence of the relationship as life develops. That does not mean maintaining a daily scrapbook. Save useful records when you move, change financial arrangements, travel together, have a child or take on new responsibilities. Ordinary records collected over time are easier to organise than trying to reconstruct several years in a weekend.

If the original arrangement changes, explain the development. Separate accounts may become joint finances; a shared rental may become living with relatives; work may require temporary distance. The later evidence should describe the current relationship and connect it to the earlier account without pretending nothing has changed.

Do not assume a long relationship, marriage or children remove the need to respond to a permanent-stage request. Follow current instructions and seek advice about any exception or changed circumstance. Likewise, keep travel facilities and passport details under review rather than treating a visa label as the answer to every future trip.

The most useful preparation habit is simple: keep accurate records as events occur, preserve copies of what you submit and ask for advice when the circumstances materially change. That approach supports both stages and makes any later review of the file more efficient.

17. Three hypothetical files and the question each needs answered

The couple with the impressive photo collection. Amira and Tom have hundreds of photographs from holidays and family occasions. Their draft statements use different dates for moving in together, and Tom's earlier application records a different residential address during part of the period. The useful next task is to investigate the dates and explain the actual living arrangement. Adding another holiday album would leave that question untouched. A reviewer would want the relevant earlier answers, address records and each person's explanation before suggesting how the account should be presented.

The couple with separate accounts. Nisha and Ben keep their salaries separate. Ben pays rent; Nisha pays utilities and most grocery expenses. They live with another tenant, so the lease and household bills do not all show both partners. Their task is to explain the arrangement and identify records across time, including the accommodation history. Opening a joint account now may reflect a genuine new decision, but it does not become evidence that a joint account existed last year. The application should show the real arrangement rather than imitate another couple's finances.

The couple focused on registration. Mei and Alex want to apply before Mei's current visa expires. They have begun a relationship-registration process and assume that the pending certificate answers every eligibility question. The first review should establish the current visa conditions, the relevant relationship requirements, the status and legal significance of registration, and the evidence of their shared life. If an application restriction exists, a certificate does not simply remove it. If a registration step is incomplete, advice should identify that fact rather than treat an expected event as already completed.

These examples illustrate preparation questions, not predictions about visa outcomes. None provides a universal formula for a similar-looking file. Small differences in dates, conditions, immigration history or relationship circumstances can change the legal assessment. Use an example to recognise a question worth asking, then obtain advice based on your own documents.

The same approach helps when deciding what service to buy. If the missing work is a legal assessment, a document-formatting service is unlikely to answer it. If the legal position is understood but the evidence is disorganised, a defined preparation or review service may be appropriate. Explain the problem before choosing the package. A useful engagement should match the actual task and leave you clear about who is responsible for the next action.

18. A final decision checklist before you press submit

Ask these questions with the final application open. Can you explain the relationship basis and important dates? Have you checked the sponsor's status and relevant history? Do the statements, online answers and records tell a coherent account? Have you identified current visa conditions, possible restrictions and any Schedule 3 issue? Are the documents legible and correctly labelled?

Now separate the remaining tasks. Some may be administrative, such as obtaining a clearer scan. Others may require evidence, such as explaining a period apart. Some require legal advice before lodgement, such as uncertainty about application validity or a sponsorship limitation. A checklist is helpful only if it distinguishes those different kinds of problem.

If you engage Emigrate Lawyers, tell us which stage you have reached and what you need assessed. We can discuss a focused review or broader representation and explain the agreed scope and fees. Bring the difficult facts early. A useful assessment should help you understand both the strengths and the issues requiring work.

There is no prize for uploading the most files, using the most dramatic adjectives or finishing the application at 11:58 pm. The aim is a valid, truthful, well-supported application with a clear plan for the period that follows. If a critical question remains unanswered, deal with that question before treating the document pile as finished.