Is the Subclass 820 Partner Visa Permanent Residency? 820 vs 801 Explained

No. The Subclass 820 Partner Visa is a temporary Partner Visa, not Australian permanent residency. It is the first stage of the onshore 820/801 Partner Visa pathway. Permanent residence begins if and when the Subclass 801 Partner Visa is granted.

This distinction matters because an 820 holder can live and work in Australia, but their legal status is still different from a permanent resident. For the complete onshore pathway, see our Subclass 820/801 Partner Visa hub.

What status do you have on a Subclass 820 visa?

Home Affairs describes the Subclass 820 as a temporary Partner Visa. It lets the spouse or de facto partner of an eligible Australian sponsor remain in Australia while the permanent Subclass 801 application is progressed.

The 820 usually remains in effect until the permanent 801 application is finalised or the combined Partner Visa application is withdrawn. It is therefore much more secure than a short-term visitor visa, but it is not permanent residence.

What rights do you have on the 820?

• Live in Australia while the permanent stage is pending.
• Work in Australia without an employer-specific sponsorship condition.
• Study in Australia.
• Travel to and from Australia while the 820 remains in effect.
• Apply for Medicare access.
• Progress to the permanent Subclass 801 stage if the requirements continue to be met.

When do you become a permanent resident?

You become an Australian permanent resident on the date the Subclass 801 is granted. The 801 is the permanent visa in the onshore Partner Visa pair.

This means the date your 820 was granted is not your permanent-residence date. That distinction can matter for citizenship eligibility, permanent-resident travel facilities, some government services and future sponsorship planning.

Do you need to lodge a completely new 801 visa application?

Usually no. The 820 and 801 are lodged as a combined Partner Visa application. In most cases, once two years have passed from the original combined application date, the applicant submits updated Stage 2 information for the permanent 801 assessment through ImmiAccount.

What is a double 820/801 grant?

In some cases Home Affairs grants the 820 and 801 very close together. If that happens, the applicant becomes a permanent resident when the 801 is granted rather than remaining on the temporary 820 for a further period. Whether an earlier permanent-stage grant is available depends on the applicable Partner Visa rules and the individual case.

Case example

A Partner Visa applicant received an 820 grant after waiting 15 months and assumed that meant they now held Australian permanent residency. When they later checked the grant notice and VEVO, the visa subclass was 820 only. The correct position was that they could live and work in Australia as a temporary Partner Visa holder, but permanent residence would begin only after a later 801 grant.

Why the distinction matters

• Citizenship: the permanent-residence component of the citizenship residence test begins from the 801 grant, not the 820 grant.
• Travel: permanent residents have a five-year travel facility attached to the permanent visa.
• Another visa: Home Affairs warns that if an 820 holder is granted another visa, they may lose eligibility for the 801 stage.
• Relationship changes: if the relationship ends before the 801 is granted, special Partner Visa provisions may need to be considered.

Home Affairs confirms that the Subclass 820 is temporary and the Subclass 801 is permanent.

General information only. Your current immigration status should be checked against your grant notice and VEVO.