Key facts: Partner visa (subclasses 820 and 801)
- What it is: the onshore partner visa for the married or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. You apply while you are in Australia.
- Two stages, one application: the temporary 820 visa is granted first, then the permanent 801 visa. The 801 stage is assessed about two years after you lodge the combined application.
- Who it suits: couples who are both in Australia. If you are outside Australia, look at the offshore partner visa (309 and 100) or the Prospective Marriage visa (300).
- Government charges (from 1 July 2026): $11,710 for the main applicant, $5,860 for each additional applicant 18 and over and $2,935 for each child under 18. If you hold a Prospective Marriage visa, the charge starts from $1,955. One charge covers both stages, and the card payment surcharge on visa payments was removed from 1 October 2026.
- Processing (Home Affairs figures updated 2 November 2026): 820: 50% of applications decided in 21 months and 90% in 30 months. 801: 50% in 6 months and 90% in 19 months, counted from the date you become eligible. Under Ministerial Direction 117 (from 25 July 2026), qualifying onshore 820 and 801 applications are among the highest priority family visas.
- Key conditions: you must be in Australia when you apply. Under the current regulations, the 820 can be granted while you are in or outside Australia, but not in immigration clearance. You usually get a bridging visa with no conditions while you wait, so you can work and study (see work, study and Medicare while your 820 is pending), and the 820 lets you live, work and study in Australia and enrol in Medicare.
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820 Partner Visa & 801 Partner Visa: Features
Australian Partner Visas (subclasses 820 and 801) allow the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.
The 820 Visa is a temporary partner visa, and is granted first. You apply for both visas in one combined application and pay one visa charge. About two years after you lodged that combined application, you become eligible for the 801 Visa, which is a permanent partner visa. You do not lodge a second application: the Department asks for updated information and assesses the 801 stage.
820 Visa & 801 Visa: Eligibility
In order to apply for an Australian partner visa, you must be either married or in a de facto relationship with either:
- an Australian citizen;
- an Australian permanent resident; or
- an eligible New Zealand citizen.
Most 820 refusals come down to eligibility or evidence, so check these points first. To ensure the best chance of being successful in your partner visa application, you should ensure that:
- if married, that your marriage is recognised as valid under Australian law
- usually, this means that you must be at least 18 years old
- if you are 16 or 17 years of age, you will require parental permission
- if in a de facto relationship, that you have been so for a minimum of 12 months
- if applying for the initial, temporary partner visa (820 Visa), you are physically located in Australia when you apply (the 820 can be granted while you are in or outside Australia, but not in immigration clearance)
- you usually hold a substantive visa when you apply, for example a student visa, visitor visa or working holiday visa (if you do not, extra Schedule 3 criteria apply and you should get advice before lodging)
- you do not have an “8503: No further stay” condition
- you do not have any debts to the Australian government that are not subject to a formal repayment agreement
- you meet standard health and character requirements
NB: You must be in Australia when you lodge your 820 Visa application, though can be outside Australia when a decision is made on your permanent 801 Visa.
If you want to lodge a partner visa application from outside Australia, you may wish to consider a Prospective Marriage Visa (subclass 300) or Offshore Partner Visa (subclasses 309 and 100).
How the 820 and 801 Visas Work: Two Stages
One application, one visa charge, two visas. You lodge a combined application for the temporary 820 visa and the permanent 801 visa. Choose a tab to see what happens at each stage, and how a long term relationship can let you skip the wait.
Subclass 820: temporary partner visa
The 820 Visa is a temporary partner visa. It lasts from the date it is granted until a decision is made on your permanent partner visa (subclass 801).
- You must be in Australia when you apply. The 820 can be granted while you are in or outside Australia, but not in immigration clearance.
- While you wait, you usually hold a bridging visa.
- On the 820 you can live, work and study in Australia, and enrol in Medicare.
- Home Affairs figures updated 2 November 2026: 50% of 820 applications decided in 21 months, 90% in 30 months.
820 Visa & 801 Visa: De Facto Relationships
In order to apply for a partner visa on de facto grounds, you would generally need to show that you have lived with your partner, or been in a de facto relationship, for at least 12 months immediately before you apply. The 12-month requirement for de facto partners also generally applies when a de facto partner is included in other types of visa application, such as:
- Permanent visas
- Business Skills (Provisional) (the Business Innovation and Investment visas closed to new applications on 31 July 2024)
- Student visas
- General Skilled Migration visas
If you are married, the 12-month rule does not apply, but you still need to show a genuine and continuing relationship.
Exceptions to the 12 month rule
For partner visas, the 12 month requirement can be waived in these situations:
| Exception | What it means |
|---|---|
| Registered relationship | You register your relationship in an Australian state or territory. Registration is available in most, but not all, states and territories. |
| Compelling and compassionate circumstances | For example, you have a dependent child of the relationship. Each case is assessed on its own facts. |
| Humanitarian visa holders | Your partner holds or held a permanent humanitarian visa and declared the relationship to the Department before that visa was granted. |
However, an exemption can be granted to the 12 month requirement if you register your relationship in an Australian state or territory. If choosing this option, you will still need to show that you and your partner are and have been living together, but not necessarily for 12 months.
Registration with a state or territory provides you with legal recognition as a couple under relevant state or territory law, as well as it being beneficial for immigration purposes. This option is available to both same-sex and different-sex couples.
Usually, in order to be eligible to register a relationship with a state or territory:
- both partners must be 18 years old or over
- neither partner may be in a relationship as a couple with another person, particularly if that relationship is a marriage, is registered, or could otherwise be considered ‘de facto’
- partners must not have a familial relationship
820 Visa & 801 Visa: Costs (from 1 July 2026)
You pay once, at lodgement, and it covers both stages. The application fee for a Subclass 820 Visa is AUD 11,710 for most applicants. Holders of a Prospective Marriage visa (subclass 300) can expect to pay a lower fee, starting from AUD 1,955.
| Applicant | Standard charge | If you hold a 300 visa |
|---|---|---|
| Main applicant | $11,710 | $1,955 |
| Additional applicant 18 and over | $5,860 | $980 |
| Dependent child under 18 | $2,935 | $485 |
Applicants will pay only one fee when they lodge their application, and which covers both the temporary and permanent partner visa. This fee is usually non-refundable, even if you withdraw your application or your partner visa application is refused.
If you wish to include any children as dependents in your application, there is an additional fee. There is no separate charge for the sponsor. Since 1 October 2026, no card payment surcharge applies to visa payments.
You will also be liable for costs associated with any additional evidence required to be provided as part of your application, such as health checks, police certificates and biometrics.
820 and 801 Processing Times
Home Affairs publishes processing times based on recently decided applications. These are the figures updated on 2 November 2026 (data to 30 September 2026):
| Visa | 50% decided within | 90% decided within | Counted from |
|---|---|---|---|
| Partner 820 (temporary) | 21 months | 30 months | Date you lodge |
| Partner 801 (permanent) | 6 months | 19 months | Date you become eligible (about 2 years after lodging) |
Processing priority: Ministerial Direction 117 sets the processing priorities for family visas from 25 July 2026, replacing Direction 102. Under it, qualifying onshore 820 and 801 applications receive the highest priority among partner visas, while offshore 309, 100 and 300 applications have lower priority. A complete, well evidenced application is still the best way to avoid delays. See our partner visa processing times and family visa processing times pages for updates.
Your Sponsor
Your partner is your sponsor. They must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, are generally aged 18 or over, and are assessed as part of your visa application.
Limitations on Partner Visa Australia sponsorship
You might not be able to sponsor a partner if you hold or have held certain visas, or if certain disqualifying circumstances apply to you. For example:
- you generally cannot sponsor a partner if you have already sponsored two other partners, or if less than five years have passed since you applied to sponsor a previous partner, unless there are compelling circumstances
- the same five year wait generally applies if you were granted a partner visa yourself
- you must agree to the disclosure of any convictions for relevant offences, and the Department can ask for your police certificates
- stricter rules apply if children under 18 are included in the application and you have charges or convictions for child related offences
How long Partner Visa Australia sponsorship lasts
Your sponsorship ends two years after your partner is granted their initial 820 Visa. This is the case even if the permanent 801 Visa is granted immediately after the temporary 820 Visa. During that time you undertake to support your partner with accommodation and financial help if they need it.
Sponsor approval: still part of the visa application
The new changes to Sponsored Family Visas have not been implemented for Partner Visas. These changes would have meant that sponsorships must be lodged first and approved before Partner Visas can be lodged. This would have adversely impacted onshore Partner Visa applicants wanting to lodge a visa application prior to their substantive visa expiring. The sponsorship application would have been assessed separately and would have had to be approved before a valid Partner Visa application could be lodged.
As at November 2026, the sponsor first framework in the Migration Act is used only for parent visas. For partner visas, your partner completes the sponsorship after you lodge your visa application, and both are assessed together.
If you are planning to apply for a Partner Visa we recommend booking an appointment to discuss and understand how these rules may impact you.
Earlier announcements (historical): English Test for Permanent Stage of Partner Visas & Partner Visa changes ahead. The proposed English test for partner visas was never introduced.
Bridging Visas, Work Rights and Your Obligations
If your current visa is about to end
You will usually be allowed to remain in Australia on a Bridging Visa while you await the outcome of your application. Your bridging visa generally comes into effect when your current visa ends. If you want to travel overseas while you are on a Bridging Visa A, you need a Bridging Visa B first, and you must be back in Australia when the 820 is granted.
Partner Visas and work rights
Once your 820 visa is granted, you can work and study in Australia, and you can usually enrol in Medicare. Before then, your work rights while you wait depend on the visa you hold when you apply. Choose your current visa:
Visitor visa to Partner visa: If you hold an eligible visitor visa and lodge your 820 partner visa, you transition onto Bridging Visa A or a BVA when the visitor visa expires. You have full work rights on your BVA, during the partner visa processing time.
Check your visitor visa first: if it has an 8503 No further stay condition, you generally cannot lodge an 820 unless the condition is waived.
Your obligations
You and your children must comply with Australian laws and your visa conditions. You can find your visa conditions in VEVO. Tell the Department if your circumstances change, for example a new address, a new child or the end of your relationship.
Family Violence and Relationship Breakdown
If your relationship ends, your application does not always end with it. Generally, you must still be in a genuine relationship when each stage is decided. The Migration Regulations include exceptions that may let you continue if your relationship has ended and:
- you, or a member of your family unit, experienced family violence committed by your sponsor while the relationship existed
- your sponsor has died
- you and your former partner have a child together and you have custody, access or parental responsibility obligations
Since 1 July 2024, these family violence provisions also cover people who came to Australia on a Prospective Marriage visa (300) and did not marry their sponsor. You do not need to stay in an unsafe relationship to keep your visa pathway. Family violence evidence can include court documents and other evidence, such as reports from police, doctors or family violence services.
If you are in danger, call 000. For confidential support, call 1800RESPECT on 1800 737 732.
Related: Family Violence and Partner Visas and Breakdown of relationship
How to Apply for the 820 and 801 Partner Visa: Step by Step
- Check your eligibility: confirm your relationship meets the rules (married, or de facto for 12 months unless an exception applies), that you are in Australia, and that your current visa has no 8503 condition.
- Gather your evidence: collect identity documents and evidence of your relationship, and ask two people who know you as a couple to complete Form 888 statutory declarations.
- Lodge the combined application: apply online for the 820 and 801 while you are in Australia and pay the visa charge. Your partner then completes the sponsorship.
- Bridging visa and checks: you are usually granted a bridging visa. Complete health examinations, police certificates and biometrics when the Department asks.
- 820 decision: you must be in Australia when the temporary 820 is granted.
- 801 stage: about two years after you lodged, provide updated evidence that your relationship is continuing. You can be in or outside Australia for this decision.
- 801 grant: you become a permanent resident and can later apply for Australian citizenship.
Document Checklist
Open each list to see what you usually need. Documents that are not in English must be translated into English by an accredited translator. For a full list, see our partner visa checklist.
Identity documents (applicant and sponsor)
- passports and national identity documents
- birth certificates and any change of name documents
- evidence of your sponsor’s Australian citizenship, permanent residence or eligible New Zealand citizenship
- evidence of your current visa
Relationship evidence
- Financial: joint bank accounts, shared bills, joint lease or mortgage
- Household: evidence you live together, sharing of household tasks and costs
- Social: photos over time, joint invitations, travel together, friends and family who know you as a couple
- Commitment: personal statements about your relationship history and future plans
- marriage certificate or relationship registration certificate, if you have one
Statutory declarations (Form 888)
Two Australian citizens or permanent residents who know you as a couple usually complete a Form 888. See our Form 888 example answers and statutory declaration (888 Form) guides.
Health and character
- health examinations when requested
- police certificates for you from each country where you lived for 12 months or more in the last 10 years since turning 16
- police certificates for your sponsor if requested
- see our guide to character requirements for partner visas
Children included in the application
- birth certificates showing both parents
- custody documents or consent from any other parent who is not applying
- health examinations and, for children 16 and over, police certificates
820 and 801 Partner Visa: Frequently Asked Questions
Can I apply for an 820 visa if I am in Australia on a visitor visa?
Generally yes, if your visitor visa does not have an 8503 No further stay condition. If it does, you need the condition waived before you can lodge. Your bridging visa then takes effect when your visitor visa ends.
How long after the 820 do I get the 801?
You become eligible for the 801 about two years after you lodged the combined application. Home Affairs figures updated 2 November 2026 show 50% of 801 applications decided within 6 months and 90% within 19 months of that eligibility date. If you were in a long term relationship when you applied, the 801 may be granted straight after the 820.
Can I travel overseas while my application is processed?
If you hold a Bridging Visa A, you need a Bridging Visa B before you leave, or you may not be able to return. You must be in Australia when the 820 is granted. Once you hold the 820, you can travel in and out of Australia, and you can be overseas when the 801 is decided.
What happens if our relationship ends before the visa is granted?
You must tell the Department. The application will usually be refused unless an exception applies, such as family violence by your sponsor, the death of your sponsor, or a child of the relationship. See the family violence section above and get advice early.
Is there an English test for the partner visa?
No. A proposed English requirement for partner visas was announced in earlier years but was never introduced.
Is the visa charge refundable if we withdraw?
The visa charge is usually not refundable, including if you withdraw your application or it is refused. Refunds are only available in limited circumstances.
Does my sponsor need to be approved before I apply?
No. As at November 2026, partner sponsors are assessed as part of your visa application. You lodge first, then your partner completes the sponsorship.
What you should do now
- Check your current visa: look for an 8503 condition in VEVO and note when your visa ends.
- Check the 12 month rule: if you are de facto and under 12 months, consider registering your relationship.
- Start your evidence file: collect financial, household, social and commitment evidence now.
- Budget for the charge: $11,710 for the main applicant from 1 July 2026, plus health checks and police certificates.
- Get advice on your situation: book a video consultation with our registered migration agents.
Related guides
- Partner visa Australia: all options
- Partner visa Australia
- Onshore partner visa (820 and 801)
- Offshore partner visa (309 and 100)
- Prospective Marriage visa (300)
- De facto relationship partner visa
- Partner visa checklist
- Partner visa costs and fees
- Partner visa processing times
- Family visa processing times
- Parent visa Australia
- Sponsored Parent visa (870)
- Parent visa costs
- Child visa Australia
- Relative visa options
- Partner visa assessment
- Book a consultation
Book a meeting with our Registered Migration Agents in Melbourne for a commitment-free consultation covering all your Australian visa options.
This page is general information only and is not legal advice for your situation.
