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Partner Visa Australia Subclass 820 and 801 Complete 2026 Guide
Bringing your partner to Australia or staying here together comes down to one visa pathway with a lot of moving parts. The partner visa system rewards couples who understand it and prepare properly, and it punishes those who treat it like a formality.
This guide breaks down how the Subclass 820 and 801 partner visa works in 2026: who qualifies, what it costs, how long it takes, and what causes applications to get refused and how to avoid it. Whether you are just starting to research your options or you are partway through gathering documents, understanding the full pathway before you lodge will save you months of back-and-forth with the Department later.
What Is the Australian Partner Visa?
The partner visa lets the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen live in Australia permanently. It is not a single visa it is a two-stage pathway. You lodge one combined application, pay one fee, and the Department assesses you in two steps: a temporary visa first, then a permanent one.
Onshore (820/801) vs Offshore (309/100)
Which one you need comes down to where you are when you apply:
| Onshore Pathway | Offshore Pathway | |
|---|---|---|
| Subclasses | 820 (temporary) → 801 (permanent) | 309 (temporary) → 100 (permanent) |
| Where you must be | In Australia | Outside Australia |
| Travel while processed | Only with a valid Bridging Visa | Yes, once granted |
| Best suited to | Couples already living together in Australia | Couples where the applicant is overseas |
If you are in Australia holding a valid visa, 820/801 is almost always the right route. If you are applying from abroad, you will use 309/100 instead eligibility criteria are nearly identical, but the visa numbers and some processing details differ.
Who Can Apply?
To qualify, you need three things in place: a genuine relationship, an eligible sponsor, and for onshore applicants valid presence in Australia at the time of lodgement.
Married and De Facto Couples
Married couples need a marriage that is legally valid under Australian law, including same-sex marriages, recognised on the same terms. De facto couples generally need to show a genuine relationship of at least 12 months before lodging. Two situations waive this: you have registered the relationship with an Australian state or territory registry, or you and your partner share a child. Both applicants must be at least 18 years old.
Sponsor Eligibility
Your sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen. Sponsorship is assessed separately and comes with its own scrutiny. Every sponsor must provide an Australian Federal Police check. A sponsor with a “substantial criminal record” generally 12 months or more in prison for offences involving violence, sexual assault, or harm to children can be refused as a sponsor, which affects the entire application. The Department will also disclose relevant parts of a sponsor’s criminal history to the applicant so they can make an informed decision about their own safety.
How the Two-Stage Process Works
You submit one combined application covering both stages and pay a single fee. If approved, you are granted the 820 first. It has no fixed expiry date it simply remains valid until the 801 decision is made. While you hold it, you can generally live, work, and study in Australia. The 801 is assessed after a waiting period, once the Department reassesses that the relationship is still genuine and continuing updated evidence matters here, since the relationship needs to look as real years later as it did on day one.
In specific “long-term relationship” cases, the Department may grant the permanent 801 stage immediately, skipping the temporary step. This applies if you and your partner have been married or in a de facto relationship for three years or more at the time of application (or two years with a shared child).
Processing Times in 2026
Processing times vary by case, but current indicative timeframes are roughly 12 to 24 months for the Stage 1 (820) grant, with straightforward cases sometimes processed in 8 to 18 months. Stage 2 (801) assessment typically follows a further waiting period after the 820 is granted. Applications with strong, well-organised evidence tend to move faster than those requiring the Department to request more information, which can itself add months. Processing times shift with application volume and Departmental resourcing, so always check the current published estimate before making firm plans. Many applicants find the uncertainty around timing to be one of the hardest parts of the process emotionally, especially couples who are apart while the application is assessed planning around a wide range rather than a fixed date, and keeping evidence updated throughout the wait, tends to make the process far less stressful.
What a Partner Visa Costs
The base application charge now exceeds $12,000 AUD for the primary applicant one combined fee covering both stages. Budget on top of that for police clearance certificates (in Australia and any country you have lived in for 12 months or more), health examinations, certified translations where relevant, and migration agent fees if you choose to use one. With scrutiny at an all-time high and data-matching systems cross-checking evidence more closely than before, cost planning has to include the risk of a refusal, not just the visa fee itself. A refusal does not just cost the application fee it can also mean months of delay while you prepare a fresh application or pursue a review, so it is almost always more cost-effective in the long run to invest properly in preparation the first time around.
Evidence That Actually Strengthens Your Case
The Department assesses your relationship across four categories. A strong application has real evidence in all four, not just a folder of photos. Case officers are trained to look past surface-level evidence like joint social media posts, and instead weigh the depth and consistency of what is submitted across every category which is exactly why couples who rely on a single type of evidence, however extensive, tend to face more scrutiny than those with a balanced file.
- Financial joint bank accounts, shared bills or loans, evidence of shared expenses
- Social photos across the relationship timeline, joint invitations, statements from friends and family
- Household a shared lease or mortgage, utility bills in both names, evidence you live together
- Commitment statutory declarations, joint decision-making, shared plans such as a wedding or property purchase
Before you lodge, make sure you have at least one document per category, a clear relationship timeline written by both partners, statutory declarations from at least two people who know the relationship well, certified translations for non-English documents, and valid police checks for both applicant and sponsor.
While You Wait
While your 820 or relevant bridging visa is in effect, you can generally work and study in Australia without restriction. Travel rights depend on your bridging visa conditions some allow re-entry to Australia, others do not automatically. Check your specific conditions before booking travel; this is one of the most common and costly mistakes applicants make.
Why Partner Visas Get Refused
While your 820 or relevant bridging visa is in effect, you can generally work and study in Australia without restriction. Travel rights depend on your bridging visa conditions some allow re-entry to Australia, others do not automatically. Check your specific conditions before booking travel; this is one of the most common and costly mistakes applicants make.
Should You Use a Registered Migration Agent?
You are not required to use an agent, but only registered migration agents listed with OMARA and holding a valid MARN are legally permitted to charge for immigration advice. An experienced agent is especially valuable if you are in a long-distance relationship with limited traditional evidence, you have had a previous refusal or cancellation, your case involves complex de facto circumstances, or you simply want a second set of eyes before lodging a $12,000-plus application.
Getting Started
Every partner visa case is different married or de facto, long-distance or living together, straightforward or complicated by a previous refusal. The requirements above cover the general framework, but how they apply to your specific relationship and history is where most applications succeed or fail. Abbasi Migration & Citizenship Services works with couples across every stage of this process, from first-time applications to previously refused cases heading to review, and can help you build an application around real evidence rather than guesswork.
Key Takeaways
- One combined application covers both the temporary (820) and permanent (801) stages
- Processing currently runs roughly 12–24 months for the first stage
- Strong evidence spans financial, social, household, and commitment categories
- Genuineness, character, and health are the top refusal risks all preventable
- Refused applicants generally have 21 days to apply for ART review
Contact Abbasi Migration Today
Ready to start your journey to Australia? Contact Abbasi Migration today for a consultation. Our experienced advisors are here to answer your questions assess your eligibility and help you with every step of the visa application process.
Your Australian dream starts with the guidance. With the right visa strategy.
Touseef Abbasi (MARN: 2518930) at Abbasi Migration helps applicants for visa process.
📍 Melbourne Office: Office 3669, Ground Floor, 470 St Kilda Road, Melbourne VIC 3004
📍 Wollert Office: 11 Farmley Way, Wollert VIC 3750
📞 Phone/WhatsApp: +61 418 841 225
📧 Email: info@abbasimigration.com
FAQs for Australian Visa
How long does a partner visa take in Australia?
Current indicative timeframes show the first stage (820) typically taking 12 to 24 months, though straightforward cases can be faster.
How much does a partner visa cost?
The combined application charge for the primary applicant now exceeds $12,000 AUD, plus additional costs for police checks, health exams, and any agent fees.
What's the difference between the 820 and 801 visa?
The 820 is the temporary first stage; the 801 is the permanent second stage, assessed after a waiting period to confirm the relationship remains genuine.
Can I apply if I'm not married?
Yes, de facto couples can apply, generally after 12 months together, unless the relationship is registered or there is a shared child, which waives that requirement
Can I work while my partner visa is being processed?
Generally yes, while you hold a valid bridging visa or the 820, though it depends on your specific visa conditions.
What happens if my partner visa is refused?
You generally have 21 days to apply for a review at the Administrative Review Tribunal (ART).
Do I need a migration agent for a partner visa?
It’s not required, but only registered migration agents holding a MARN can legally charge for migration advice — many couples use one for complex or previously refused cases.
Can I get permanent residency without the temporary stage?
Yes, if you and your partner have been together three years or more, or two years with a shared child, at the time of application.
This article is for general information only and does not constitute migration advice. Migration law is complex and changes frequently for advice on your specific circumstances, consult a registered migration agent. Touseef Abbasi, Director of Abbasi Migration & Citizenship Services, is a Registered Migration Agent (MARN 2518930).
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