Subclass 820 & 801 Partner Visa
The Subclass 820 and Subclass 801 partner visas allow you to live in Australia with your spouse or de facto partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen.
The 820 visa is the temporary onshore partner visa, while the 801 visa is the permanent partner visa granted later. Together, they form a two-stage pathway to permanent residency for couples building their lives in Australia.
The Subclass 801 and 802 partner visas are your pathway to stay, work, and build your life together in Australia. Don’t wait for the next stage of your relationship: start it now.
Understanding the 820 Visa (Temporary Partner Visa)
The partner visa 820 allows applicants who are already in Australia to stay with their partner while the permanent stage is processed. You’ll hold full work and study rights, access to Medicare, and the ability to include dependent children in your application.
To apply for the visa Subclass 820, you must:
- Be in a genuine relationship (married or de facto) with an eligible sponsor.
- Be in Australia at the time of application.
- Meet health and character requirements.
- Provide evidence of your shared life: financial, social, household and relationship commitments.
Once the 820 visa is granted, you’ll hold temporary residency while waiting for your permanent 801 visa assessment.
What Happens After 820 Visa Is Granted?
Once your 820 visa is approved, your two-year waiting period toward permanent residency begins. You’ll be eligible for the 801 visa when:
- Two years have passed since lodging your initial application.
- You’re still in a genuine and continuing relationship with your partner.
- You provide updated evidence showing your ongoing commitment.
The Subclass 801 stage is assessed using your updated relationship documentation, financial records, and proof of cohabitation. If approved, the 801 visa grants permanent residency in Australia.
820 Visa Processing Time & 801 Visa Processing Time
Processing times may vary depending on documentation quality, completeness, and departmental workload.
| Visa Type | Typical Processing Time | Notes |
|---|---|---|
| 820 Visa Processing Time | 12-15 months | Temporary onshore partner visa; decision-ready applications move faster.
|
| 801 Visa Processing Time | 1-12 months (after eligibility) | Begins around two years after your 820 is lodged. |
To avoid unnecessary delays, make sure your forms are correct and that supporting evidence (identity, financial, relationship, and character documents) is well-organised.
Common Reasons for Partner Visa Delays or Refusals
- Incomplete or inconsistent relationship evidence.
- Failing to demonstrate a de facto relationship of at least 12 months
- Issues with sponsor eligibility or previous sponsorship history.
- Not addressing a Schedule 3 requirement when applying onshore without a substantive visa. If this applies to you, explore your options through a Schedule 3 Waiver.
If your application has been refused, you may be able to appeal through the ART Visa Refusal Appeal process.
Subclass 801 Visa: Permanent Partner Stage
The Subclass 801 partner visa is the second and permanent stage. It provides:
- Indefinite stay in Australia.
- Access to full work rights, study, and Medicare.
- Eligibility for citizenship (subject to residence criteria).
Applicants move from the partner visa 820 to the Subclass 801 visa when their relationship remains genuine and ongoing. Maintaining updated evidence of joint financials, leases, or family commitments strengthens your case.
Why Apply with HECT Migration Experts?
At HECT, we specialise in guiding couples through every step, from eligibility assessment and documentation to appeals and waivers. We’ll ensure your visa Subclass 820 and Subclass 801 applications are complete, compliant, and decision-ready.
Our core values shape every interaction we have. It’s this commitment to detail, empathy, and expertise that defines our team at HECT:
- Professionalism: We act with integrity, follow the law, and provide accurate, reliable advice. Your privacy is respected, and every detail of your case receives our full attention.
- Excellence: We’re driven by results and dedicated to maintaining the highest professional standards. Continuous improvement is at the heart of how we deliver exceptional client satisfaction.
- Fairness: Every client deserves a fair and just outcome. We approach each case with equality, objectivity, and respect.
- Honesty: We believe in complete honesty, offering clear, practical information and managing expectations from the start.
- Integrity: Our work is guided by strong moral and ethical principles. We do what’s right, not what’s convenient.
Difference
- Subclass 820:
This is a temporary visa, usually granted first. The applicant must apply for it from inside of Australia. It remains valid while your permanent Subclass 801 visa application is being processed. - Subclass 801:
This is a permanent visa granted after certain conditions are met, including the duration of your relationship and ongoing evidence of its genuineness. Applicants must wait for 2 years after lodging their Subclass 820 visa application before they can submit a Subclass 801 visa application. However, there are certain circumstances in which applicants can be exempted from the 2-year requirement if they meet specific criteria, allowing them to be granted both the 820 and 801 visas simultaneously.
Eligibility for Applicant
| Requirements | ||
|---|---|---|
| Relationship Status |
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| Age |
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| Location |
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| Current Visa |
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| English Language |
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| Child Welfare |
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| Previous Visa History |
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| Debt to the Australian Government |
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| Health & Character |
| |
Eligibility for Sponsor
| Requirements | ||
|---|---|---|
| Citizenship Status |
| |
| Character Requirements |
| |
| Age Criteria |
| |
| Sponsorship Limitations |
| |
| Consistency in Sponsorship | The sponsor at the time of application must remain the same for two years
| |
Eligibility for applicant's dependent children
| Requirements | ||
|---|---|---|
| Age Requirement |
| |
| Financial Dependency |
| |
| Full-Time Student Status |
| |
| Disability |
| |
| Health and Character Requirements |
| |
If dependent children were not included when lodging the Subclass 820 application, a Subclass 445 Dependent Child visa can be lodged after the 820 is granted. Once the 445 visa is approved, the child can be included to transition together to the Subclass 801 permanent Partner visa.
Process
820 Visa Application
801 Visa Application
Cost
| Cost | |
|---|---|
| Primary Applicant | AUD 9,365 |
| Secondary Applicants (aged 18 and over) | AUD 4,685 each |
| Dependent Children (under 18) | AUD 2,345 each |
The fee is subject to the latest pricing set by the Australian Department of Home Affairs.
Stay Period
- Subclass 820 visa:
It remains valid from the date of grant until a decision is reached regarding your permanent Partner visa (subclass 100). - Subclass 801 visa:
It‘a permanent visa.
Benefits
- Work in Australia: Holders of the Subclass 820 and Subclass 801 Visa can work.
- Study: You can pursue further studies or enroll in courses in Australia, which can enhance your skills and qualifications.
- Family Sponsorship: The applicant can include eligible family members, such as your dependent children, in your visa application.
- Access to Healthcare: Visa holders can access Medicare, Australia’s public healthcare scheme, which provides essential medical services.
- Multiple Entries: Enjoy multiple entries to and exits from Australia for a period of up to five years, allowing for flexibility in travel.
Ready to Begin Your Partner Visa Journey?
Bring your future home with HECT. Our migration experts are here to help you prepare, apply, and follow up every stage of your onshore partner visa, with clear timelines, honest advice, and compassionate support.
Book your consultation today to get started on your 820 and 801 visa journey.
Frequently Asked Questions
If I apply for the 820 visa while holding a visa with condition 8503 (“No Further Stay”), can I still be eligible?
Generally no, unless you successfully apply for a waiver of condition 8503. Without a waiver, you cannot lodge the 820 visa onshore.
What happens if my substantive visa expires while waiting for the 820 visa to be processed?
You will be granted a Bridging Visa A (BVA), which allows you to lawfully remain in Australia until a decision is made. If you need to travel overseas, you must apply separately for a Bridging Visa B.
Do I need to provide fresh evidence of my relationship again when applying for the 801 visa?
Yes. Even if the 820 visa is granted, you must submit updated and ongoing evidence of your genuine relationship at the 801 stage.
Can I add my child to my 820 visa after it has been lodged?
If the child was not included, you may need to lodge a Subclass 445 Dependent Child visa after your 820 is granted. Once approved, the child can transition with you to the 801 visa.
What if my relationship breaks down after I get the 820 visa but before the 801 visa?
Normally you may lose eligibility, but exceptions apply in cases of family violence or if you share a dependent child with your sponsor.
If my partner previously sponsored another person, will it affect my application?
Yes. Sponsors are restricted from sponsoring more than two partners in their lifetime, and there must be at least five years between sponsorships.
Can I work and study in Australia while on a Bridging Visa granted after applying for the 820?
Yes. A Bridging Visa A usually grants full work rights and study rights while waiting for the 820 decision.
Do I have to wait exactly two years after applying for the 820 to be considered for the 801 visa?
Typically yes, but if you have been in a long-term relationship (3+ years, or 2+ years with children) at the time of lodgement, you may be granted both the 820 and 801 simultaneously.
What happens if my sponsor dies while my 820/801 application is still in process?
In certain circumstances, your application can continue if you can demonstrate compelling reasons and evidence of the relationship prior to your sponsor’s death.
Will my previous visa refusals or cancellations impact my 820/801 partner visa application?
Yes. Prior refusals or cancellations can affect the assessment, but each case is considered individually. Full disclosure and explanation are essential.
Note: This FAQ is general information only and not legal advice. Settings (e.g., eligibility tests, exemptions, and evidentiary rules) can change; always check the latest legislative instruments before applying.
