The subclass 820 and the subclass 801 are one application, one visa application charge and two decisions. You lodge once, online and while you are in Australia. The Department of Home Affairs decides the temporary 820 first, which is what lets you stay, work and study while you wait. It returns to the permanent 801 later, once you reach the point of eligibility. The subclass 820 partner visa is therefore not a visa you "upgrade" from — it is the first half of a decision that has already been paid for.
What happens when you lodge?
You make a combined application for both subclasses in ImmiAccount, and your sponsor completes a separate 'Sponsorship for a Partner to Migrate to Australia' form, which they can lodge through their own ImmiAccount or yours. The Department says the sponsor should do this as soon as possible after the visa application. If you hold a substantive visa that expires while the 820 is being processed, a Bridging visa A normally keeps you lawful until the temporary visa is decided. The date you lodge is worth writing down: it fixes both the charge you paid and the date the permanent stage becomes available.
If you do not hold a substantive visa when you apply, the Department requires more at lodgement — the sponsorship form, evidence of your sponsor's status, and at least two statutory declarations made within the last six weeks — and warns that if that information is not included, the application may be deemed invalid.
The two stages side by side
| Subclass 820 (temporary) | Subclass 801 (permanent) | |
|---|---|---|
| How you apply | One combined online application, lodged while you are in Australia | The same application. There is no second lodgement |
| What you pay | The single visa application charge covers both stages. From A$11,710 for most applicants as at 23 September 2026 | Nothing further. The Department says you paid for this visa when you made the combined application |
| When it is decided | First, once the Department is satisfied the criteria are met | From the date of eligibility, two years after you first applied |
| Your sponsor | Must be approved, and cannot be changed | Must continue to be the same sponsoring partner |
| What you must show | A genuine relationship with your sponsoring partner, plus health, character and the other criteria | That, in most cases, you continue to be in a genuine and ongoing relationship with your sponsor |
| What it gives you | Live, work and study in Australia, travel in and out freely, Medicare, free English classes if eligible | Permanent residence: live, work and study indefinitely, sponsor eligible family members, and apply for citizenship if eligible |
What does the two-year eligibility point mean?
You become eligible for consideration of the permanent 801 two years after you first applied for the temporary and permanent Partner visas — not two years after the 820 was granted. That distinction matters, because the gap between lodgement and grant of the 820 counts towards the two years. The Department says the processing time for the permanent visa starts from that date of eligibility, and that your application date is visible in ImmiAccount. At that point you provide more documents, bringing the relationship evidence up to date. See when the 801 is assessed and 801 stage documents.
Why can the sponsor not change?
Because the sponsorship is part of the application, not a separate arrangement. The Department's wording is direct: you cannot change your sponsor, and the person who sponsors you when you apply for the visa must be the same person who sponsors you for two years after the temporary 820 is granted. A new relationship does not transfer into the existing application; it would mean a new application, a new charge, and the eligibility rules applied again from the start. If sponsorship is in doubt, read withdrawing sponsorship, and note that the charge already paid is not refunded if the application is refused — see 820 visa cost.
Why being granted another visa ends the 801
To be granted the permanent 801 you must hold the 820, or a Dependent child visa (subclass 445). The Department states that if you are granted any other visa, you will no longer be eligible for the grant of the permanent Partner visa. This is not a penalty; it is simply that the 801 criteria require you to hold one of those visas at the time of decision.
Important
the trap most often sprung here is the Special Category visa (subclass 444). The Department tells New Zealand passport holders who hold a temporary Partner visa to say so to the border officer and to state that they do not want a subclass 444, because the grant of a 444 overrides the temporary Partner visa and ends eligibility for the 801.
Is there an exception for long-term relationships?
Yes. The Migration Regulations 1994 remove the two-year requirement for an applicant who, at the time the application was made, was in a long-term partner relationship with the sponsoring partner. Regulation 1.03 defines that as a relationship, each as the spouse or de facto partner of the other, that has continued for at least three years — or at least two years where there is a dependent child, other than a stepchild, of both partners. Where it applies, the permanent visa can be considered without waiting out the usual two years, although every other criterion still has to be met. The detail is on long-term relationship exemption.
Where do dependent children fit in?
A dependent child can be included in the combined application at lodgement. After the 820 is granted, the Department says family members cannot simply be added: a dependent child must first be granted a Dependent child visa (subclass 445), and can then be included in the 801 application while in Australia, using Form 1002, with the Department notified through the Partner Processing Enquiry Form. A child born after grant should also be reported. Because a subclass 445 holder can meet the 801 criteria, the child follows the same permanent outcome as the parent rather than starting again. See including children in your application.
Getting the structure right early
An application prepared by a migration lawyer is more likely to succeed, and on this particular topic the reason is that the decisions that bind you are made on day one. The sponsor named at lodgement is the sponsor for the whole two years, the lodgement date sets the permanent stage, a long-term relationship claim rests on facts as they stood at the time of application, and accepting another visa mid-stream can undo the permanent stage entirely. Those are structural choices, not paperwork, and they are difficult and expensive to unwind afterwards. Working with a migration lawyer sets out what a lawyer can do and how to check one.
Next, read the permanent stage in full at subclass 801 permanent visa.
Common questions
Do I have to lodge a separate application for the 801?
No. You apply for the temporary subclass 820 and the permanent subclass 801 in the same application, and the Department of Home Affairs says you paid for the permanent visa when you made that combined application. You do have to provide updated documents and evidence when the permanent stage is reached, but there is no second lodgement and no second charge.
When does the two-year wait for the 801 start?
It starts from the date you first applied for the temporary and permanent Partner visas, not from the date the 820 was granted. The Department says you are eligible for consideration of the permanent visa two years after you applied, and that the processing time for the permanent visa starts from that date of eligibility. Your application date is shown in ImmiAccount.
Can I change my sponsor after I apply?
No. The Department says you cannot change your sponsor, and that the person who sponsors you when you apply must be the same person who sponsors you for two years after the temporary subclass 820 visa is granted. If the relationship with that sponsor ends, the position changes and you should get advice quickly.
What happens if I am granted a different visa while I hold the 820?
You lose your eligibility for the permanent subclass 801. The Department's advice is that to get the 801 you must hold the 820 or a Dependent child visa subclass 445, and that if you are granted any other visa you will no longer be eligible for the grant of the permanent Partner visa. This is why New Zealand passport holders are told to tell the border officer they hold a temporary Partner visa and do not want a Special Category subclass 444 visa.
Can the 801 be granted before the two years are up?
Yes, in some cases. The Migration Regulations 1994 disapply the two-year requirement where the applicant was in a long-term partner relationship with the sponsoring partner at the time the application was made. That term is defined in regulation 1.03 as a relationship that has continued for at least three years, or at least two years where there is a dependent child of both partners who is not a stepchild.
Sources
Keep reading
820 Visa Requirements and Eligibility
Every subclass 820 partner visa criterion in one place — relationship, sponsor, being onshore, Schedule 3, condition 8503, section 48, health and character.
Read the guide →
Who Can Sponsor an 820 Partner Visa
Who can sponsor a subclass 820 partner visa: citizens, permanent residents and eligible New Zealand citizens, and how sponsorship is lodged and approved.
Read the guide →
820 Visa Document Checklist
A working checklist for the subclass 820 — identity documents, relationship evidence, police certificates, health examinations, translations and uploads.
Read the guide →