Partner visa (subclasses 820 and 801) — eligibility, costs & how to apply

What is the subclass 820/801?

The onshore Partner visa (subclasses 820 and 801) lets the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen live in Australia while their permanent partner visa is decided. The 820 is the temporary stage and the 801 is the permanent stage.

Partner visas are won or lost on the strength of your relationship evidence. The four pillars assessors look at — financial, household, social and commitment — need to be documented carefully across your whole relationship, which is exactly where applications without help tend to fall short.

Eligibility for the subclass 820/801

To be eligible for the subclass 820/801, you generally need to meet the following:

• You are the married or de facto partner of an eligible sponsor
• Your sponsor is an Australian citizen, permanent resident or eligible New Zealand citizen
• You can demonstrate a genuine and continuing relationship
• For de facto couples, usually 12 months of cohabitation or a registered relationship
• You are in Australia when you apply
• Health and character requirements met

How to apply for the subclass 820/801

1. Confirm your sponsor is eligible to sponsor you
2. Gather relationship evidence across the financial, household, social and commitment pillars
3. Lodge the combined 820/801 application while you are in Australia
4. Receive the temporary 820; the permanent 801 is assessed later

Processing time and cost of the subclass 820/801

Onshore partner applications can take a considerable time, and strong, well-organised evidence helps avoid delays and requests for more information. There is a single (substantial) visa application charge covering both stages, and you generally have work rights while the application is processed. A registered migration agent can help you build compelling relationship evidence and avoid common pitfalls.

Subclass 820/801 vs 309/100 — onshore vs offshore partner visas

The 820/801 is lodged while you are in Australia and usually gives you work rights and a bridging visa to stay while it is decided. The 309/100 is the offshore equivalent, lodged while you are outside Australia. Your location and circumstances determine which applies — getting this wrong at the start causes serious problems.

Common subclass 820/801 mistakes to avoid

Many of these matters come down to avoidable mistakes. The most common issues include:

• Thin or poorly organised relationship evidence
• A sponsor who is not eligible, or sponsorship limits
• Gaps that suggest the relationship is not genuine and continuing
• Character or health issues not addressed up front

Do you need a migration agent for the subclass 820/801?

Using a registered migration agent is not compulsory, but the subclass 820/801 is detail-heavy and a single mistake, missing document or late response can lead to delay or refusal — and a refusal can affect future applications. A registered migration agent confirms your eligibility before you spend money, prepares your evidence, lodges your application correctly and manages any requests from the Department of Home Affairs on your behalf. Through Immigration Expert you can be matched with up to three OMARA-registered agents who handle the subclass 820/801 every day, compare their advice, and choose who to work with — free and with no obligation.