The Subclass 820 visa is the temporary onshore partner visa. The Subclass 801 visa is the permanent onshore partner visa stage. In most cases, applicants apply for the combined 820/801 pathway and later progress to the permanent stage if the relationship remains genuine and continuing. Read more about the Subclass 820/801 process.

Yes. The Subclass 820 is the onshore partner visa pathway. It is generally used where the applicant is in Australia and wants to apply based on a genuine spouse or de facto relationship with an eligible sponsor.

If a valid onshore partner visa application is lodged, a bridging visa may allow the applicant to remain in Australia while the application is processed. The bridging visa start date and conditions depend on the applicant’s current visa status and circumstances.

The sponsor is usually an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is the applicant’s spouse or de facto partner. Sponsor eligibility, character issues and previous sponsorship history should be assessed before lodgement. If sponsorship limits are an issue, see our page on partner visa sponsorship limitation waivers.

Yes. You may be able to apply as a de facto partner if you can show that the relationship is genuine, continuing and meets the relevant de facto relationship requirements. De facto applications often require careful evidence, especially where the couple has not lived together for long.

The Subclass 820 is an onshore partner visa, so the applicant generally needs to be in Australia when applying. If the applicant is outside Australia, the offshore partner visa pathway may be more appropriate.

It may be possible to apply while holding a visitor visa, but conditions on the current visa must be checked carefully. If there is a no further stay condition or another restriction, legal advice should be obtained before lodging.

Documents usually include identity documents, relationship evidence, sponsor documents, police checks, health information, visa history documents and evidence showing the financial, household, social and commitment aspects of the relationship.

The four common evidence categories are financial aspects of the relationship, nature of the household, social aspects of the relationship and commitment to each other. Read more about genuine relationship evidence for a partner visa.

Usually not by themselves. Photos and chat messages can help, but they should be supported by stronger evidence such as financial records, household documents, travel records, family statements, joint commitments and clear applicant and sponsor relationship statements.

Relationship statements are highly useful. They can explain how the relationship started, how it developed, when commitment began, periods of separation, living arrangements, future plans and how the uploaded documents support the relationship.

Processing times can vary depending on Department workload, evidence quality, missing documents, health and character checks, sponsor assessment and whether further information is requested. Read more about 820 visa processing times.

Work rights depend on the applicant’s current visa and any bridging visa granted after lodgement. The visa conditions should be checked carefully before starting or changing employment.

After the Subclass 820 visa is granted, the applicant can usually live in Australia temporarily and later progress toward the Subclass 801 permanent partner visa stage. The couple should continue collecting updated relationship evidence.

Updated evidence may include financial documents, household evidence, social evidence, commitment evidence, photographs, travel records, communication records and updated applicant and sponsor statements showing that the relationship remains genuine and continuing.

A Subclass 820 visa may be refused if the applicant does not meet the criteria, the relationship evidence is weak or inconsistent, sponsor requirements are not met, visa status issues are not addressed, or health, character or previous visa issues are not properly explained.

Inconsistent dates can create credibility concerns. Couples should prepare a relationship chronology and check forms, statements, travel records, prior visa documents and supporting evidence before lodgement or before responding to a Department request.

It may be possible in some circumstances, but Schedule 3 criteria may apply if the applicant is unlawful or does not hold a substantive visa. These cases should be assessed carefully before lodgement. Read more about Schedule 3 waivers for partner visas.

Legal assistance can help identify risks, organise evidence, prepare relationship statements, address visa status issues, check sponsor concerns and respond to Department requests. This is especially useful if there are previous refusals, bridging visa issues, Schedule 3 concerns, de facto evidence issues or inconsistent documents. You can also meet the Emigrate Lawyers team.