EMC Australia / Onshore partner visa · Subclass 820 temporary, then 801 permanent
Partner visa 820/801: apply in Australia as a couple
The Partner visa (subclass 820/801) is for the married or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen who applies while in Australia. Same-sex couples are covered, whether married or de facto. You apply for both stages at once. The temporary 820 lets you live, work and study here. You're usually assessed for the permanent 801 two years after you applied. The application charge is from AUD 11,710 for most applicants.
If you're already in Australia with your partner, whether you're married or de facto, this is usually the visa that lets you stay together while Home Affairs looks at your relationship, and then stay permanently. It's one application, one fee and two decisions, and the onshore application gets the highest processing priority. What usually decides how it goes is the visa you hold today, how long you've lived together, and how well your evidence tells your story. We help couples in Melbourne, across every state and territory, and those who've just arrived from overseas.
Last reviewed:
Official source: Department of Home Affairs – Partner visa (subclasses 820 and 801)
Call +61 3 9069 3284 or WhatsApp · Weekdays 9:00am–5:00pm AEST
Who We Assist
Who We Assist
- You're both living in Australia and want to stay together permanently
- You hold a student, work, working holiday or visitor visa that will end soon
- You came to Australia on a Prospective Marriage visa and have now married
- You don't hold a visa right now, or have a "no further stay" condition
- You're de facto and want to check you meet the 12-month rule, or an exception
- A partner visa was refused, or your relationship has ended or become unsafe
How it works
What this visa asks of you
These are the parts of this visa, in the order they usually matter.
Step 1
Before you apply
Check eligibility and timing
You must be in Australia to apply, and usually hold a visa that lets you apply.
If your visa has a "no further stay" condition (such as 8503), you'll usually need a waiver before you can apply. If you hold a regional skilled visa, you may need to have held it for two or three years first. If you have no substantive visa (that is, any visa other than a bridging visa) and your last visa wasn't a Prospective Marriage visa, you'll usually need to show compelling reasons. You'll also need to include your sponsor's documents and two statutory declarations with the application.
Subclass 820
Temporary · in Australia
Apply for the 820 and 801 together
One application, one charge, from AUD 11,710 for most applicants.
Your partner applies to be your sponsor. If you held a substantive visa when you applied, you'll usually be granted a Bridging visa A, which keeps you lawful while you wait. Once the 820 is granted, you can live, work and study in Australia, travel in and out as often as you like, and may be able to enrol in Medicare.
Subclass 801
Permanent · in Australia
The permanent stage
Usually assessed two years after you applied.
Home Affairs will ask for updated evidence that your relationship is still genuine and continuing. If you'd been together for three years when you applied (or two years with a dependent child together), the 801 can be granted sooner. The 801 is permanent residence. You can sponsor eligible family, travel for five years, and apply for citizenship when you're eligible.
How EMC works
How we help
01
Timing your application against your current visa
We check your visa conditions and expiry date, any "no further stay" condition, and whether you hold a substantive visa. That way you apply on time and stay lawful.
02
Building your relationship evidence
Finances, household, social life and commitment, plus each partner's statement and two Form 888 supporting statements. Each piece should show your real life together, not just a pile of photos. Read our evidence guide and our Form 888 tips.
03
Handling the complicated parts
A previous refusal, a sponsor who has sponsored before, time apart, a past relationship, a character issue or Schedule 3. We address these properly in the application.
What to Prepare
What to Prepare for Your Consultation
- Both passports, and the applicant's current visa grant notice (and any bridging visa)
- Proof of your sponsor's citizenship or permanent residence (a passport or birth certificate; not a licence or Medicare card)
- Your relationship timeline: when you met, moved in together, got engaged or married
- A lease or mortgage, joint bank statements, bills, and mail to the same address
- Your marriage certificate or relationship registration certificate, if you have one
- Any previous marriage or divorce documents, and birth certificates for any children
- Details of any earlier partner sponsorship, refusal, cancellation or police matter
Before you apply
Important Considerations Before Applying
- You must be in Australia when you apply. If you leave on a Bridging visa A, it ends. Ask us before you book any travel.
- De facto couples usually need to have been in a de facto relationship for at least 12 months immediately before applying. Time spent dating or in an online relationship might not count. The 12-month rule doesn't apply if you've registered your relationship with an Australian state or territory registry, if there are compelling and compassionate circumstances, or, in some cases, if your partner holds or has held a permanent humanitarian visa or has an application for one in progress.
- If you have no substantive visa (and didn't last hold a Prospective Marriage visa), you'll usually need to show compelling reasons. You must also include the sponsorship form, proof of your sponsor's status and two statutory declarations, or the application may be invalid. Our Schedule 3 guide explains this in plain terms.
- If you hold or have held certain regional visas (for example the 491 or 494), you usually must have held them for at least three years before applying (two years for some older regional visas).
- You can't change sponsors. Your sponsor must stay your sponsor for two years after the 820 is granted.
- New Zealand citizens: once your 820 is granted, tell the border officer each time you arrive in Australia that you hold a temporary partner visa and don't want a Special Category visa (subclass 444). If a 444 is granted, it replaces your 820 and you can't get the 801. Please talk to us before travelling.
- Once your 820 is granted, being granted a different visa (other than a bridging visa) replaces it and ends your path to the 801.
Questions
Frequently Asked Questions
Usually yes. You can apply for the 820/801 while in Australia on most substantive visas, as long as your visa doesn't stop you. If your visa has a "no further stay" condition such as 8503, you'll usually need that condition waived first. Some regional skilled visa holders must have held their visa for two or three years before they can apply.
No. You apply for the 820 and 801 together, in one application with one charge, and Home Affairs makes two decisions. It decides the temporary 820 first. It looks at the permanent 801 later, usually two years after you applied, once you send updated evidence.
The government charge is from AUD 11,710 for most main applicants, and it covers both the 820 and the 801. If you hold a Prospective Marriage visa and have married your sponsor, it's from AUD 1,955. If your Prospective Marriage visa has ended, you entered Australia on it, and you now don't hold any other visa apart from a bridging visa, the charge is generally AUD 2,475. Each family member included costs extra, and medicals, police certificates and translations cost extra too. The charge isn't refunded if the visa is refused.
Home Affairs' published figure for September 2026 is 22 months for partner temporary visas (subclasses 300, 309 and 820 combined). Onshore 820/801 applications get the highest priority under Ministerial Direction 117. A complete application with strong evidence avoids unnecessary delays. Priority processing is only for compassionate circumstances, and most requests aren't approved.
Your bridging visa usually has the same work conditions as the visa you held when you applied. Check your grant letter or VEVO (the free Home Affairs visa check) before you start or change jobs. If your bridging visa doesn't let you work and you're in financial hardship, you can apply for one that does. Once the 820 itself is granted, you can work and study in Australia, and study is at your own expense.
Before your 820 is granted, a Bridging visa A ends when you leave Australia. You'll usually need a Bridging visa B before you travel, and it's only granted if you have a substantial reason for the trip. Talk to us before booking. Once the 820 is granted, you can travel to and from Australia as often as you like while you hold it.
Usually you can still apply in Australia, unless you've had a visa refused or cancelled since you last arrived. In that case a legal bar may stop you, so get advice first. If you don't hold a substantive visa (and didn't last hold a Prospective Marriage visa), you'll usually need to show compelling reasons why you should still be granted the visa even though you don't hold one. This is known as Schedule 3. You also need to include your sponsor's documents and two statutory declarations when you apply, or the application may be invalid.
You're usually assessed for the 801 two years after you applied for the 820/801. It can be granted sooner if you were already in a long-term partner relationship when you applied: at least three years together, or two years if you have a dependent child together. The 801 processing time starts from the date you become eligible.
Home Affairs looks at four areas: your finances, the nature of your household, your social life as a couple, and your commitment to each other. Strong applications include joint financial records and household evidence, each partner's relationship statement, and two Form 888 statements from people aged 18 or over who know you as a couple.
Yes. You can include dependent children in your application, and you can add a dependent child at any time before the 820 is decided. The child must be in Australia. After the 820 is granted, a child in Australia usually applies for a Dependent Child visa (subclass 445) and can then join your permanent application. The best interests of any child are taken into account.
Depending on your circumstances, you may be eligible for Medicare while you wait for a decision, and you can apply for Medicare once your 820 is granted. If you're not eligible, Home Affairs recommends private health insurance. Medicare eligibility is decided by Services Australia.
You must tell Home Affairs if your relationship ends, but you might still be eligible for the permanent visa, for example if your partner has died or you have experienced family violence. You may also still be eligible if you have a child with your former partner and you have custody, access or a court order for them, or your former partner has to pay child support. Get advice before you send any notice.
Yes, you may be able to stay on a permanent visa under the family violence provisions if you've applied for or hold an 820 and your partner (the sponsor) was violent towards you or a member of your family during the relationship. Help is available whatever your visa status. If you're experiencing family or domestic violence, you don't have to stay in an unsafe relationship to keep your visa options. For confidential support, call 1800RESPECT on 1800 737 732, any time. In an emergency, call 000. You can also read the Home Affairs page on the family violence provisions, or talk to us in confidence.
Yes, New Zealand citizens with an eligible partner can apply, and it's normal to hold a Special Category visa (subclass 444) while your application is processed. The thing to watch is after your 820 is granted: each time you arrive in Australia, tell the border officer you hold a temporary partner visa and don't want a 444. If a 444 is granted, it replaces your 820 and you can't get the 801. Talk to us before travelling.
Start with your situation.
You do not need to memorise the subclass. Book a consultation, or send a short note. MARN 1800335 · Level 14, 333 Collins Street, Melbourne VIC 3000.
Other work
- Partner visas: all options
- Offshore partner visa 309/100
- Prospective Marriage (fiancé) visa 300
- Onshore 820/801 explained (guide)
- Partner visa documents checklist
- Writing Form 888 statements
- Schedule 3 and the sponsor's ill health
- Bridging visas
- If a visa was refused
This page is general information, not advice about your circumstances. Australian migration law changes. You should consult a Registered Migration Agent before you apply. EMC Australia is OMARA-registered (MARN 1800335).