Related pathway · subclass partner-820-801

Subclass 820/801 onshore partner visa: from grant to PR

820 grants temporary residency for spouses and de facto partners already in Australia; 801 unlocks PR after a two-year relationship-evidence review. This guide covers eligibility, the two-year rule exceptions, bridging visas, work rights, and AAT pathways.

Published: 9 Mar 2026 Updated: 17 May 2026 Reading time 14 min

The Subclass 820/801 partner visa is the onshore route for spouses and de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens to obtain Australian permanent residency. The applicant must be in Australia at the time of lodgement and at the time of the 820 grant. The two-stage structure — temporary 820 then permanent 801 — functions as a relationship-verification mechanism: the Department of Home Affairs assesses whether the relationship is genuine and continuing across both stages.

In the 2024–2025 program year, the Family Stream received 40,500 places, with partner visas absorbing the overwhelming majority. Processing times for the 820 stage sit at a median of 6–12 months, though complex cases — particularly those involving prior relationship history, character issues, or incomplete evidence — can extend beyond 18 months. The 801 assessment, triggered 24 months after the initial 820/801 application was lodged, adds a second round of evidence review.

Who this pathway is for

The 820/801 is available to a person who is in Australia and is:

The spouse (married and legally recognised) of an Australian citizen, permanent resident, or eligible New Zealand citizen
The de facto partner of such a person, where the relationship has existed for at least 12 months immediately before the application (exceptions apply — see below)
In a same-sex marriage or de facto relationship, treated identically under Australian migration law since the Marriage Amendment (Definition and Religious Freedoms) Act 2017

The sponsor (the Australian party) must pass a character assessment and, since the Family Violence Act 2023 amendments, must not have convictions for relevant offences. Sponsorship limitations apply: a sponsor cannot sponsor more than two partner visa applicants in their lifetime (with limited exceptions), and at least five years must have elapsed between sponsorships unless compelling circumstances exist.

Key eligibility criteria

The Department assesses the relationship against four statutory pillars, commonly referred to as the “four factors” under regulation 1.09A of the Migration Regulations 1994:

Financial aspects. Joint bank accounts, shared household expenses, pooling of financial resources, and evidence that the parties have combined their financial affairs to the extent reasonable given their circumstances. A couple who has lived together for years but maintains completely separate finances will attract scrutiny.

Nature of the household. Shared living arrangements, division of household responsibilities, correspondence addressed to both parties at the same address, and statements from people who have visited the household.

Social aspects. The relationship as it presents to third parties: joint social activities, travel together, photographs with family and friends, statutory declarations from Australian citizens or permanent residents who can attest to the relationship, and evidence that the relationship is recognised by the applicants’ social networks.

Nature of the commitment. Duration of the relationship, the length of time the parties have lived together, the degree of companionship and emotional support they draw from each other, whether they see the relationship as long-term, and any evidence of joint future plans (property purchases, wills, superannuation beneficiaries).

De facto 12-month rule. De facto couples who have not lived together for 12 months may still apply if they can demonstrate compelling and compassionate circumstances — for example, a dependent child of the relationship, or where the applicant’s home country prohibits cohabitation or same-sex relationships. Couples who have registered their relationship under a prescribed state or territory relationship register (available in NSW, Victoria, Queensland, Tasmania, ACT, and South Australia) are exempt from the 12-month requirement entirely.

Health and character. The applicant must satisfy Public Interest Criterion (PIC) 4007 for health and PIC 4001 for character. A police clearance from every country where the applicant has lived for 12 months or more in the past 10 years is required. The sponsor must also provide an Australian Federal Police clearance.

Schedule 3 waiver. Applicants who do not hold a substantive visa at the time of lodgement — i.e., they are on a bridging visa or are unlawful — face an additional hurdle: Schedule 3 of the Migration Regulations. They must demonstrate that there are compelling reasons for not applying the Schedule 3 bar. Relationship duration, Australian-citizen children, and the hardship that would result from requiring the applicant to depart and apply offshore are all relevant. This is the most frequently litigated issue in partner visa AAT cases.

Application process

The combined 820/801 application is lodged through ImmiAccount as a single application with a single fee. The Department first assesses the 820 (temporary) stage. If both stages are approved — the 820 initially, and the 801 after the two-year waiting period — the applicant becomes a permanent resident at the 801 grant date.

Step 1: Gather evidence. The evidence threshold is high. A typical application runs 60–100 pages of supporting documents including: completed Form 80 (personal particulars), identity documents (passport, birth certificate, change-of-name certificates if applicable), relationship statements from both parties (narrative of how the relationship developed, typically 2–4 pages each), statutory declarations from at least two Australian citizens or permanent residents (Form 888), financial documents covering the entire period of cohabitation, lease agreements or property titles in joint names or individually, utility bills, joint travel itineraries, photographs (20–30 images, captioned with date, location, and persons pictured), and evidence of ongoing communication during periods of separation.

Step 2: Lodge and pay. The visa application charge for the combined 820/801 is AUD 9,095 (2025–2026 fee year). There is no second instalment at the 801 stage — a single upfront payment covers both stages. The Department does not offer fee waivers or reductions for partner visas except in specific family-violence circumstances.

Step 3: Bridging visa. Upon lodgement, if the applicant holds a substantive visa that is about to expire, a Bridging Visa A (BVA) is granted, maintaining lawful status while the 820 is processed. The BVA allows full work rights. If the applicant needs to travel, a Bridging Visa B (BVB) must be applied for separately.

Step 4: 820 assessment. The Department may request further information (an RFI) or schedule an interview. The interview, if conducted, focuses on the consistency of the parties’ accounts of their relationship, living arrangements, and future plans. Interviews are conducted separately, and inconsistent answers are a common basis for refusal.

Step 5: 820 grant. If the 820 is granted, the applicant becomes a temporary resident with full work and study rights, and access to Medicare (under the Reciprocal Health Care Agreement or, for eligible countries, Medicare enrolment begins at 820 grant). The 820 is valid until a decision is made on the 801.

Step 6: 801 stage. Two years after the original combined application was lodged, the Department invites the applicant to submit further evidence for the 801 permanent stage. This second evidence bundle must demonstrate that the relationship remains genuine and continuing. In some cases — where the relationship has existed for more than three years at the time of 820 application, or where there is a dependent child of the relationship — the Department may grant the 820 and 801 simultaneously, bypassing the two-year wait.

Common refusal grounds

The Department refused 1,238 onshore partner visa applications in 2024–2025 (primary decision stage). The most frequent grounds, in order of prevalence:

Insufficient relationship evidence. The single largest category. Applications that rely on a marriage certificate and a handful of photographs without the full evidentiary scaffold — joint finances, cohabitation documentation, social recognition, and commitment evidence — are routinely refused.

Inconsistent narratives. Where the parties give materially different accounts of key relationship events — when they met, when they began cohabiting, where they have lived, what their future plans are — the Department treats this as evidence the relationship is not genuine.

Schedule 3 failures. Applicants who applied without a substantive visa and who could not demonstrate compelling reasons for the waiver. The AAT has repeatedly held that “I don’t want to leave my partner” alone does not meet the threshold; there must be evidence of hardship beyond the ordinary distress of separation.

Sponsorship bar. Where the sponsor has previously sponsored two partner visa applicants, or where less than five years has elapsed since a prior sponsorship, unless the Department accepts compelling circumstances.

Character concerns. Where the sponsor or applicant has a substantial criminal record, the application may be refused under section 501 of the Migration Act. Partner visa refusals on character grounds are not subject to merits review at the AAT — only judicial review is available.

False or misleading information. Public Interest Criterion 4020 (PIC 4020) imposes a three-year ban on visa grants where false or misleading information is provided. This applies to both the applicant and the sponsor.

Decision framework: when 820/801 is the right choice vs alternatives

The 820/801 is the correct onshore partner pathway if the applicant is already in Australia and cannot or should not travel offshore for a 309/100 application. It is also the correct choice where the relationship is well-documented and the parties are prepared to wait two years for permanent residency. For some applicants, an alternative may be preferable:

Offshore 309/100: If the applicant is outside Australia or can easily depart and apply from offshore, the 309/100 pathway (see /pathways/partner-309-100-offshore/) may result in a faster 100 permanent grant in some cases where the relationship is long-standing and the evidence is comprehensive at the outset.
Prospective Marriage 300: If the parties are not yet married and do not meet the 12-month de facto test, and cannot register their relationship, the 300 may be the gateway (see /pathways/partner-300-de-facto/).
Skilled migration: If the applicant independently qualifies for a skilled visa (e.g., 189, 190), that may be faster and impose no relationship-verification burden. The cost of two visa applications (skilled + partner) should be weighed against the certainty of an independent pathway.

Cost and timeline

Item	Details
Visa Application Charge	AUD 9,095 (single payment, covers both 820 and 801 stages)
Health examination	AUD 350–500 (varies by provider and country)
Police clearances	AUD 42 (AFP); varying fees for overseas clearances
Migration agent fee (if used)	AUD 4,000–8,000 (registered migration agent, MARN required)
820 processing (median)	6–12 months (75th percentile: 14 months)
801 processing (median)	8–14 months (75th percentile: 18 months)
Total pathway to PR	Approx. 3–4 years from lodgement

Recent changes

2024–2025 Program Year. The Family Stream planning level was set at 40,500 places, unchanged from 2023–2024. The Department increased partner visa processing resources, which has marginally reduced the 75th-percentile 820 processing time. The Minister announced that onshore partner applicants will not be asked to depart Australia to lodge offshore applications — a long-standing policy clarification that had been a source of anxiety.

Sponsorship character amendments (2023). The Family Violence Act 2023 amendments require the Department to refuse a sponsorship application where the sponsor has been convicted of a relevant offence, and to share information with the applicant where family violence concerns arise during the assessment.

English language requirement (cancelled). The 2021 proposal to require a functional English test for partner visa applicants and sponsors was abandoned in early 2022 and has not been reintroduced.