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820 Visa Guide

Subclass 820 & 801 · Applying from inside Australia

Your partner visa, one step at a time

Every requirement, document and letter in the onshore partner visa, explained from the Department of Home Affairs' own rules. Start by telling the guide where you are up to.

Try

Information only · Not legal advice · Written from Australian government sources

Illustration of two people at a kitchen table under an arched window, with a laptop and a folder of papers

One applicationcovering the temporary 820 and the permanent 801

Lodged in Australiaonline, while you are here

Two years onthe permanent stage is assessed

How it unfolds

One application, two decisions, about two years apart

The 820 and the 801 are applied for together. This is the order things happen in.

  1. 1Day one

    Lodge in Australia

    One online application for both stages, made while you are in Australia.

  2. 2Straight away

    Bridging visa

    Keeps you lawful while the Department decides, if you held a substantive visa.

  3. 3Months later

    The 820 is granted

    Live, work and study here, travel freely and apply for Medicare.

  4. 4Two years from lodgement

    The 801 is assessed

    You send updated evidence and the relationship is looked at again.

  5. 5Then

    Permanent residence

    The 801 is granted, and citizenship becomes the next question.

Illustration of two abstract figures either side of a desk with a document between them

Getting help

An application prepared by a migration lawyer is more likely to succeed

People do lodge successfully on their own. But partner visas are refused over things that are fixable before lodgement, and the situations on this page are the ones where the odds shift most.

  • One missed criterion makes an application invalid. Being offshore on the day, a no-further-stay condition, or the wrong kind of statutory declaration.
  • Evidence is judged against four defined matters, not by volume. An immigration lawyer knows which documents carry weight.
  • Deadlines are short and strict. Requests, natural justice letters and review applications all run on dates that cannot be moved.

Unregistered agents

An unregistered agent who gives immigration assistance is acting illegally (Migration Act 1958 s 280). They carry no professional indemnity insurance, so if their mistake costs you a refusal, your fees or your pathway, there is no insurer to claim against. A practising Australian lawyer must hold that insurance.

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About this guide

This guide covers the onshore partner visa: the subclass 820 partner visa, which is the temporary stage, and the subclass 801, which is the permanent one. They are one application with one charge and two decisions. The pages here set out who can apply, how the Department of Home Affairs assesses a relationship, what evidence is needed, what it costs, how long you wait, and what happens when something goes wrong.

Every page is written from Australian government material — the Department's own pages, the Migration Act 1958 and the Migration Regulations 1994 — and carries the date it was last checked, because fees, processing times and policy all move.

This is general information about how the rules work, not legal advice about your situation, and nothing here can be relied on as advice. An application prepared by an immigration lawyer is more likely to succeed. See working with a migration lawyer, or read more about this guide.