EMC Australia / Subclass 820 / 801
Apply in Australia as a couple — temporary 820, then permanent 801.
If you are already in Australia in a genuine relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, this is usually the partner visa. Most people apply for 820 and 801 together. The 820 is the first stage. The 801 is permanent, when the Department is satisfied you are still a genuine couple. Timing against your current visa matters so you stay lawful.
Who this page is for
- You both live in Australia and want to stay as a couple
- You hold a visa that is about to end and need the partner application timed
- A partner visa was refused and you are still in Australia
How it works
What this visa asks of you
These are the parts of this visa, in the order they usually matter.
Onshore
You apply in Australia
Married or de facto. The applicant must be in Australia to lodge, and usually must hold a visa that lets them apply.
De facto couples generally need 12 months as a couple unless you have a registered relationship (for example in Victoria).
You apply in AustraliaBridging
Australia
Bridging visa while you wait
A Bridging Visa A often follows if you held a real visa when you applied. Work rights are not automatic.
Travel usually needs a Bridging Visa B. Ask before you book.
Australia
Permanent 801
The Department looks at whether you are still a genuine couple. Evidence since the 820 was lodged matters.
Some grants come together; others need a further statement of the years in between.
Permanent 801
How EMC works
How we help
01
The relationship file
How you met, how you live, money, home, friends and family, written so someone who has never met you can follow it. Photos are not enough.
02
The hard facts
A previous refusal, time apart, a former relationship, or a police matter belongs in the application, not as a surprise.
First conversation
What to bring
- Passports and current visas
- Evidence you are a couple: messages, photos, leases, bills, travel, joint money
- If you have children together, birth certificates
- Any refusal or police matter
- Proof your partner is an Australian citizen or permanent resident
Before you apply
Things that go wrong
- Applying from the wrong side of the border can make the application invalid.
- Schedule 3 (extra criteria for some partner applications when you do not hold a substantive visa — that is, a real visa other than a bridging visa) can apply. That is not a small problem.
- A previous refusal needs to be read before you lodge again.
Questions
People ask this first
No. Married and de facto couples can both apply. The Department wants a genuine, continuing relationship.
Start with your situation.
You do not need to memorise the subclass. Book a consultation, or send us a message.
MARN 1800335 · Level 14, 333 Collins Street, Melbourne VIC 3000.
Related topics
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).