Partner Visa Subclass 820/801

Purpose: To allow the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. This visa is for applicants who are already in Australia.

Edit
Criteria	Details
Visa Subclass	820 (Temporary) → 801 (Permanent)
Application Type	Onshore only
Eligibility	Spouse or de facto partner of Australian citizen/PR/NZ citizen
Visa Type	820 – Temporary, 801 – Permanent
Work & Study Rights	Yes – unrestricted
Pathway	820 to 801 (after ~2 years)
Relationship Proof	Required – financial, social, household, commitment
Include Family	Yes, dependents can be added

The Partner Visa Subclass 820 (temporary) and Subclass 801 (permanent) allow the partner of an Australian citizen or permanent resident to remain in Australia. This is an onshore visa, meaning the applicant must be inside Australia at the time of application and grant.

The process is two-stage. First, the applicant is granted the 820 visa (temporary), which allows full work and study rights. After approximately two years, the applicant becomes eligible for permanent residency through the Subclass 801 visa.

Applicants must prove their relationship is genuine and continuing. Acceptable relationships include marriage or de facto partnerships of at least 12 months, unless registered under Australian law.

Applicants must meet character and health requirements and provide substantial evidence of the shared life with their partner, including financial, social, and household commitments.

Children and other dependents may be included in the visa application.

Can I work on a Partner Visa 820?

Yes, once you are granted the Subclass 820 visa, you have full work rights in Australia.

How long does it take to get the 801 visa?

You can apply for the 801 visa approximately two years after applying for the 820, if the relationship is ongoing.

Can I include my children in the visa application?

Yes, you can include dependent children in your application.

Do I need to be married to apply?

No, de facto relationships (usually 12 months or more) also qualify.

What happens if I separate during the process?

It may affect your eligibility. Seek advice from a registered migration agent.

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