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820/801 Partner Visa Lawyers Australia
Emigrate Lawyers | Immigration & Family Lawyers Emigrate Lawyers | Immigration & Family Lawyers
Complete 2026 Guide • Eligibility • Evidence • Bridging Visas • 801 Permanent Stage

820/801 Partner Visa Lawyers Australia: Onshore Pathway to Permanent Residence

Onshore Partner Visa · Subclass 820/801

Build the case around the relationship, the evidence and the immigration history.

The 820/801 pathway is the principal onshore Partner Visa route for eligible spouses and de facto partners of Australian citizens, permanent residents and eligible New Zealand citizens.

Temporary → permanentOne combined pathway through Subclass 820 and 801.
Evidence-ledFinancial, household, social and commitment evidence matter.
Onshore strategyVisa conditions and immigration history should be checked before lodgement.
Complex casesSchedule 3, sponsorship limitations, family violence and prior refusals need tailored advice.

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    PathwayTemporary → Permanent
    ApplicationInside Australia
    WorkPermitted on 820
    Permanent stageUsually after 2 years
    2026 base chargeAUD 11,710
    Onshore Partner Visa Resource Hub

    A complete guide to the Subclass 820 and 801 Partner Visa pathway

    The onshore Partner Visa pathway is usually a combined application for a temporary Subclass 820 visa and a permanent Subclass 801 visa. The legal test is not simply whether a couple is married or lives together: the Department must be satisfied that the relationship meets the relevant partner criteria and is genuine and continuing.

    Apply in AustraliaThe 820/801 pathway is the onshore Partner Visa pathway.
    One combined applicationThe temporary and permanent Partner Visa applications are lodged together.
    Sponsor requiredThe sponsor is usually the applicant's Australian partner and must be approved.
    Permanent pathwaySubclass 820 is the usual first stage leading to Subclass 801.
    Couple planning their future in Australia - Partner Visa Subclass 820 and 801
    Photo: Joeyy Lee / Unsplash
    Core eligibility

    Who may qualify for an onshore Partner Visa?

    Eligibility depends on the facts of the relationship, immigration status, sponsorship requirements and other statutory criteria. A strong application addresses each element deliberately rather than relying on a marriage certificate alone.

    01

    Eligible relationship

    You are generally the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

    02

    Onshore position

    The 820/801 pathway is designed for applicants applying in Australia. Your current visa status, conditions and any bars must be checked before lodgement.

    03

    Genuine relationship

    The relationship evidence should demonstrate a real shared life across financial, household, social and commitment factors, not just isolated documents.

    04

    Approved sponsor

    The sponsor normally lodges a sponsorship application and must satisfy sponsorship requirements. Limitations can apply in some cases.

    05

    Health and character

    Applicants must address applicable health and character requirements, police checks and any further information requested by the Department.

    06

    Validity issues

    No Further Stay conditions, Schedule 3, section 48 or other immigration history issues can materially change the strategy and should be assessed before lodgement.

    820 versus 801

    One Partner Visa application. Two very different stages.

    The easiest way to understand the onshore Partner Visa pathway is to separate the temporary stage from the permanent stage.

    Stage 1 Subclass 820

    Temporary Partner Visa

    The first decided stage of the onshore Partner Visa pathway.

    Status
    Temporary visa
    Application
    Lodged as part of the combined 820/801 application
    Main focus
    Eligibility, sponsor requirements and comprehensive relationship evidence
    Work
    Full work rights once the Subclass 820 is in effect
    What happens next
    The permanent Subclass 801 stage remains to be assessed
    Think of 820 as the temporary approval stage.
    Stage 2 Subclass 801

    Permanent Partner Visa

    The permanent-residence stage of the same combined Partner Visa pathway.

    Status
    Permanent residence if granted
    Application
    Already included in the original combined 820/801 application
    Main focus
    Updated evidence and whether permanent-stage requirements continue to be met
    Timing
    Ordinarily considered after the relevant permanent-stage eligibility point
    What changes
    You move from temporary Partner Visa status to permanent residence
    Think of 801 as the permanent residence stage.
    Important: you do not normally lodge a completely new Partner Visa application for the 801 stage. The 820 and 801 form one combined onshore pathway, assessed in stages.
    Evidence strategy

    The four relationship-evidence pillars

    A persuasive Partner Visa application tells a coherent story and supports it with documents across the recognised relationship factors. Evidence should be consistent across forms, statements and supporting records.

    Financial aspects

    • Joint bank activity
    • Shared bills and liabilities
    • Rent, mortgage or major purchases
    • Financial support and budgeting

    Nature of the household

    • Living arrangements
    • Household responsibilities
    • Mail and address history
    • Care of children or dependants

    Social aspects

    • Family and friendship networks
    • Travel and events together
    • Invitations and photographs
    • Form 888 supporting witnesses

    Commitment

    • Relationship history
    • Future plans
    • Knowledge of each other
    • Long-term emotional commitment
    Quality matters more than volume. Hundreds of screenshots rarely compensate for gaps, contradictions or an unexplained timeline. We generally organise evidence chronologically and by legal factor so the decision-maker can follow the relationship without guessing.
    Application roadmap

    A practical 820/801 Partner Visa process

    Pre-lodgement legal assessmentCheck visa status, relationship basis, timing, sponsor history, Schedule 3, No Further Stay, prior refusals/cancellations and any health or character concerns.
    Build the relationship chronologyMap the relationship from first meeting through commitment, cohabitation, marriage or de facto milestones, travel, financial integration and current circumstances.
    Prepare applicant and sponsor materialComplete the visa and sponsorship components, identity records, declarations, statements and supporting documentation consistently.
    Lodge the combined 820/801 applicationSubmit a valid application with the strongest available evidence and identify any documents that will follow after lodgement.
    Manage post-lodgement requirementsRespond to requests, health examinations, police clearances, newborn or passport changes, relationship updates and any procedural fairness issues.
    Prepare for the permanent 801 stageContinue preserving relationship evidence and prepare updated information when the permanent stage becomes ready for assessment.
    After lodgement

    What happens while your Partner Visa is being processed?

    Bridging visa position

    Your bridging visa arrangements depend on your existing visa and application circumstances. Do not assume that lodgement gives immediate work or travel rights; check the actual bridging visa grant and conditions.

    Travel outside Australia

    If you are on a Bridging Visa A, overseas travel can cause serious problems. A Bridging Visa B may be required before departure. Obtain case-specific advice before booking travel.

    Keep evidence growing

    Continue saving joint financial records, leases, travel evidence, correspondence, major life-event documents and other material that may be needed at the 801 stage.

    Complex Partner Visa matters

    When the application is not straightforward

    Some 820/801 matters turn on validity, sponsorship, immigration history or exceptions rather than ordinary relationship evidence. Those issues should be identified before an application is lodged.

    Schedule 3 issues

    Applicants without a substantive visa may face Schedule 3 criteria and potentially need to establish compelling reasons, depending on the case.

    Explore our Schedule 3 hub →

    Sponsorship limitations

    Prior sponsorships, timing rules and other restrictions can affect whether a proposed sponsor can be approved.

    Partner Visa sponsorship limitations →

    Family violence provisions

    If a relationship has ended because of family violence, there are circumstances in which a Partner Visa applicant may still be able to continue toward permanent residence.

    Family violence Partner Visa hub →

    No Further Stay and visa conditions

    A current visa carrying a No Further Stay condition can prevent a valid onshore Partner Visa application unless the condition is waived or another legal pathway applies.

    Get advice before lodgement →

    Relationship breakdown

    A relationship ending after lodgement does not always mean the case ends automatically. Children of the relationship, family violence or death of the sponsor can be legally significant.

    Discuss a changed relationship →

    Prior refusals, cancellations or character concerns

    Previous immigration or character issues may trigger additional legal criteria, procedural fairness or strategic questions.

    Request a legal assessment →
    Government charges

    Current Partner Visa application charge

    Government charges change periodically. The figures below reflect Home Affairs information current from 1 July 2026 and should be checked again immediately before lodgement.

    Most applicants
    From AUD 11,710
    Base application charge for most Subclass 820/801 applicants. Additional applicant charges and other costs may apply.
    Eligible Subclass 300 holders
    From AUD 1,955
    Home Affairs lists a lower starting charge for Prospective Marriage visa holders. Concessions also apply in limited circumstances.

    Government fee source: Australian Department of Home Affairs, Subclass 820 page, updated 1 July 2026. Always use the official Visa Pricing Estimator before payment.

    Frequently asked questions

    820/801 Partner Visa FAQs

    Do I apply for the 820 and 801 visas separately?
    No. Home Affairs states that the temporary Subclass 820 and permanent Subclass 801 applications are lodged together. The Department then generally assesses the pathway in stages.
    Do I have to be married to apply?
    Not necessarily. The pathway can be available to a qualifying spouse or de facto partner. The correct relationship category and supporting evidence depend on the facts of the case.
    Can I apply while I hold a visitor visa?
    Potentially, but the visa conditions must be checked first. A No Further Stay condition can prevent a valid onshore application unless it is waived or another legal basis permits lodgement.
    What if my substantive visa has already expired?
    This can raise Schedule 3 and validity issues. Do not lodge on the assumption that marriage to an Australian citizen automatically resolves unlawful status or a bridging visa situation.
    Can I work after lodging the 820/801 application?
    Work rights depend on the visa currently in effect and any bridging visa conditions. The Subclass 820 itself carries full work rights once granted, but the period before grant must be checked separately.
    Can I travel overseas while waiting?
    Your ability to return to Australia depends on the visa in effect. Applicants relying on a Bridging Visa A commonly need a Bridging Visa B before departure. Travel should be checked before flights are booked.
    When is the 801 permanent stage considered?
    Home Affairs states that eligibility for permanent-stage consideration is ordinarily two years after the combined Partner Visa application was lodged. The exact assessment and any applicable exceptions depend on the case.
    What happens if our relationship ends?
    You must consider notification obligations promptly. In some cases the application may still continue, including circumstances involving family violence, a child of the relationship or death of the sponsor. Legal advice is particularly important before responding to the Department.

    Start with a Partner Visa strategy, not just a checklist.

    Every relationship and immigration history is different. Our team can assess the legal pathway, identify risk before lodgement and build an evidence plan for the 820 stage and the later 801 permanent stage.

    Claim your consultation
    Legal review

    Reviewed by , Principal Lawyer

    Last reviewed: 26 September 2026 · Emigrate Lawyers