Subclass 820-801
Onshore Partner Visa
Relevant Visas
309-100 Offshore Partner Visa
300 Prospective Marriage Visa
Important
Description
The Subclass 820 (Temporary) and Subclass 801 (Permanent) Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. This visa is processed in two stages:
- Subclass 820 (Temporary Partner Visa) – This is the first stage, allowing the applicant to live in Australia temporarily.
- Subclass 801 (Permanent Partner Visa) – After holding the temporary visa for at least 2 years, the applicant can apply for the permanent visa if they meet the eligibility criteria.
Partner
TR/PR
Onshore
Requirements
The next step in applying for your subclass 820-801 Onshore Partner Visa is fulfilling all of the eligibility requirements. There are quite a few and you are going to have to be diligent and organised when going through the application process. The entry requirements for the subclass 820-801 Onshore Partner Visa are:
- be in a genuine and ongoing relationship with an eligible Australian citizen, permanent resident, or eligible New Zealand citizen
- relationship must be spousal (married) or de facto (living together for at least 12 months before applying, unless exempt)
- must meet sponsorship requirements, including character checks
- if granted the temporary visa (Subclass 820), the applicant can apply for the permanent visa (Subclass 801) after 2 years
- provide proof of a genuine and committed relationship, including shared financial responsibilities, living arrangements, and social recognition of the relationship
- meet health and character requirements (medical examinations and police clearances)
- allows to live, work, and study in Australia
Process/Steps
Check Your Eligibility
Ensure you are in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
Confirm that you meet the de facto or spousal relationship requirements, including cohabitation and financial commitments.
Confirm that you hold a valid visa (if applying onshore) and do not have any restrictions that prevent an onshore application.
English Test
While an English test is not mandatory for the Partner Visa, applicants may need to demonstrate functional English in certain situations, particularly if required for citizenship in the future.
Submit Expression of Interest (EOI)
An EOI is not required for this visa subclass. Instead, applicants directly submit a visa application to the Department of Home Affairs.
Receive an Invitation to Apply
Once the visa application is lodged, you will receive an acknowledgment from the Department of Home Affairs.
If additional information is required, you may receive a request for further documents.
Gather Your Documents
Proof of identity, including passport and birth certificate.
Relationship evidence such as joint bank statements, lease agreements, and communication records.
Supporting documents from family and friends attesting to the authenticity of your relationship.
Marriage certificate (if applicable) or evidence of a de facto relationship for at least 12 months.
Police clearance certificates from all countries where you have lived for 12 months or more in the past ten years.
Form 888 (Statutory declarations from Australian citizens or permanent residents supporting your relationship claim).
Any relevant documents proving the financial and social aspects of your relationship.
Health and Character Checks
Undergo a medical examination with an approved panel physician.
Submit police clearance certificates to demonstrate good character.
Provide any additional security or background checks if requested.
Await Visa Processing
Your Subclass 820 (temporary) visa is processed first, allowing you to stay in Australia while awaiting the permanent visa.
Processing times vary; ensure all documents are submitted to avoid unnecessary delays.
Continue to meet relationship requirements while awaiting your permanent visa.
Visa Grant
If successful, you will receive a Subclass 820 temporary visa, allowing you to live, work, and study in Australia.
After a waiting period (usually two years from the initial application), you can proceed with the permanent Subclass 801 visa.
Once the Subclass 801 visa is granted, you gain permanent residency in Australia, with the ability to apply for citizenship in the future.
