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What Is the Subclass 820/801 Partner Visa

The Subclass 820/801 is the most commonly used partner visa pathway in Australia because it is built specifically for couples who are already living in the country together. Unlike the offshore Subclass 309/100, which requires the applicant to be outside Australia at both the application and first decision stage, the 820/801 lets you stay in Australia throughout the entire process, provided you meet the location and visa status requirements at the time you lodge.

The application is lodged once, covering both the temporary and permanent stages, and one government charge covers the whole process. There is no separate application or second charge when the case progresses from the 820 to the 801. This is different from some other visa categories where each stage requires a fresh lodgement, and it is one of the reasons couples find the 820/801 more straightforward to plan around once they understand how the two stages fit together.

Who the 820/801 Is For

This pathway suits married couples and de facto couples, including same-sex couples, who are both in Australia when the application is lodged. The sponsoring partner must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. If you are engaged but not yet married or living together for 12 months, the Subclass 300 Prospective Marriage visa is usually the more appropriate first step, with a transition to the 820/801 after the wedding.

Location and Visa Status at Lodgement

To apply for the 820, you generally need to be physically in Australia and, in most cases, hold a substantive visa, meaning your current visa has not yet expired. If your visa has already lapsed by the time you lodge, Schedule 3 requirements come into play, which we cover in detail further down this page. This is one of the most common tripping points for onshore applicants, so it is worth checking your visa status carefully before you lodge.

Eligibility Requirements for the 820/801

Every 820/801 application is assessed against the same central question: is this a genuine, ongoing relationship between two people who intend to share a life together. Beyond that core test, both the applicant and sponsor need to meet a set of standard requirements before the case can be assessed on its merits.

Relationship evidence is assessed across four categories, often called the four pillars: financial, social, household and commitment. A strong application shows consistent, dated evidence across all four rather than a large volume of evidence in just one category.

Not sure if you meet the location and status requirements? Check with a free assessment.

The Four Evidence Pillars

Schedule 3 and Bridging Visa A

If you lodge your 820 application while your substantive visa is still valid, a Bridging Visa A takes effect automatically once that visa expires, allowing you to remain in Australia lawfully with work rights while the case is decided. Bridging visa arrangements changed in recent years, and current settings allow bridging periods of up to 180 days, extendable to 365 days cumulatively in defined circumstances, so it is worth confirming your specific bridging visa conditions rather than assuming a fixed timeframe.

If you do not hold a substantive visa when you lodge, for example because your previous visa has already expired, Schedule 3 criteria apply. Meeting them requires showing compelling reasons why the usual requirements should be waived, which is a genuinely higher bar than a standard application. Common compelling reasons include circumstances beyond your control that led to the visa lapsing, or a strong ongoing relationship that would face serious hardship if the waiver were refused. This is one of the areas where getting advice before you lodge, rather than after, makes the biggest difference to your outcome.

Family Violence and Relationship Breakdown

Ordinarily, if the relationship ends before the permanent 801 stage is decided, the application can no longer succeed on relationship grounds. There are three recognised exceptions: the relationship ended because of family violence committed by the sponsor, the sponsor has died, or there is a dependent child of the relationship with ongoing needs. Each exception carries its own evidence requirements, typically including statutory declarations, police records, or intervention orders where family violence is involved. If any of these situations apply to you, speak to a registered migration agent or immigration lawyer promptly, since the evidence needs to be handled carefully and the timing of your response to the department matters.

Fast-Track for Long-Term Relationships

Couples who have been together for at least three years by the time they apply, or two years if they have a dependent child together, may have both the 820 and the 801 granted at the same time, skipping the usual wait between stages. This does not lower the evidence bar, but it does remove the waiting period for couples who already have a long, well-documented relationship history behind them.

What the 820/801 Gives You

Once the 820 is granted, you can live, work and study anywhere in Australia without restriction, and you gain access to Medicare. You can also access a set number of hours of free English tuition through the Adult Migrant English Program if you need it. When the 801 is granted, those rights become indefinite, you can travel in and out of Australia freely for five years from the date of grant, and you begin working towards Australian citizenship once you meet the residence requirement. Children born to the relationship, or already part of the family, can generally be included in the same application.

Step-by-Step: How the 820/801 Process Works

1. Build your evidence file. Gather documentation across the four pillars, plus identity, health and character documents. This is where most strong applications are built, and where most weak ones fall short.
2. Lodge the combined 820/801 application through ImmiAccount. The temporary and permanent stages are lodged and paid for together, alongside a separate sponsorship application from your partner.
3. Bridging Visa A takes effect. Once your current substantive visa expires, the bridging visa allows you to remain in Australia lawfully with work rights while the case is decided.
4. The department assesses the 820 stage. A case officer reviews your evidence against the four pillars, generally issuing at most one request for further information before deciding on the file as lodged.
5. The 820 is granted. You move into the waiting period for the permanent stage with full work, study and Medicare rights.
6. The department reassesses roughly two years later. You provide updated evidence that the relationship is still genuine and continuing.
7. The 801 is granted. You become an Australian permanent resident, with a pathway to citizenship down the track.

Get help building a decision-ready 820/801 application. Start your free assessment.

Costs and Processing Times

From 1 July 2026, the base application charge for the primary applicant on the 820/801 pathway is AUD 11,710. This single charge covers both stages, so there is no second government fee when the 801 is later granted. A secondary applicant aged 18 or over adds AUD 5,860, and a secondary applicant under 18 adds AUD 2,935. Applicants who previously held a Subclass 300 Prospective Marriage visa pay a substantially reduced charge at the 820/801 stage, since the bulk of the fee was already paid when the 300 was lodged. Beyond the government charge, budget for a health examination, typically AUD 300 to 500 per person, and police clearances for any country you have lived in for 12 months or more, generally AUD 50 to 200 per country.

The department reports the 820 stage as taking roughly 16 to 17 months for half of all applications, and up to around 24 months for the slower 90 percent. The 801 stage is generally not assessed until at least two years after lodgement, with a further 6 to 18 months from that point once the case is reassessed. These are cohort figures rather than guarantees, and a complete, well-evidenced application lodged from the outset tends to sit closer to the faster end. For current government charges and processing bands, the Department of Home Affairs publishes both on its partner visa page.

Common Mistakes That Lead to Refusal

Why Get Matched Through Us

AussieMigrationGuide is an independent information and referral platform. We are not a law firm and not a registered migration agency, and we never provide immigration advice ourselves. What we do is help you understand the 820/801 pathway in plain language, then connect you with a MARA-registered migration agent or immigration lawyer from our network who can review your specific situation, including any Schedule 3 or family violence complexity, and represent you directly with the Department of Home Affairs. There is no cost to you to be matched, and no obligation to proceed.

How Our Matching Works

1. Submit your free assessment. Tell us about your relationship, your current visa status, and where you are in the process.
2. We review your situation. We look at your evidence position, any Schedule 3 or family violence complexity, and which specialist experience fits your case.
3. We connect you with a MARA-registered agent or immigration lawyer. They contact you directly to discuss your case and provide advice specific to your circumstances.
4. You decide how to proceed. There is no obligation, and the advice you receive comes from the registered professional, not from us.

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