Family & partner visas
Partner Visa Subclass 820 and 801 — the onshore pathway
If you are in Australia and applying as the partner of an Australian citizen or permanent resident, the 820 and 801 are your pathway. They are one application in two stages, and understanding that structure is most of what applicants get wrong.
Keshab Chapagain · MARN 1576536 · Registered since 2015 - Temporary stage
- Subclass 820
- Permanent stage
- Subclass 801
- Where you apply from
- Inside Australia
- Applications required
- One (covers both)
One application, two stages
The most common misunderstanding about the onshore partner visa is that the 820 and the 801 are separate visas requiring separate applications. They are not. You lodge one application and pay one government charge. The Subclass 820 is granted first as the temporary stage; the Subclass 801 is the permanent stage of that same application, assessed later.
This matters practically. There is no second application fee for the 801, no fresh lodgement, and the clock for the permanent stage runs from the date of the original application — not from the date the 820 was granted.
Who the onshore pathway is for
The 820/801 is for applicants who are in Australia when they lodge, and generally when the 820 is decided. Your partner must be an Australian citizen, permanent resident, or eligible New Zealand citizen, and must sponsor you. Married and de facto couples both use this pathway; de facto applicants generally need to show the relationship has existed for at least twelve months before lodgement, unless an exception applies such as registration of the relationship.
If you are outside Australia, this is not your pathway — see the Subclass 309/100 offshore partner visa instead. Location at the moment of lodgement and at the moment of decision is a legal criterion, not an administrative preference.
While you wait: bridging visas
If you lodge while holding a substantive visa, you are generally granted a bridging visa that keeps you lawful while the application is processed — in most cases with work rights. The conditions on your bridging visa depend on the visa you held when you applied, and they are not identical for everyone. Travel out of Australia while on a bridging visa requires the right bridging visa in place before you leave, or you may not be able to return.
The 801 permanent stage
The permanent stage is generally assessed about two years from the date the original application was lodged. The Department will contact you when it is time to provide updated evidence that the relationship is continuing. This is not a formality — the relationship must still be genuine and continuing at that point, and the evidence you provide should cover the period since lodgement rather than repeating what you filed originally.
In some circumstances the permanent stage can be considered immediately, including where the relationship is long-standing or where there are dependent children of the relationship. Whether that applies turns on your specific dates and facts.
Evidence that decides it
Partner visas are decided on whether the Department accepts the relationship is genuine and continuing. Four aspects are assessed: the financial aspects of the relationship, the nature of the household, its social context, and the nature of the couple's commitment to each other. Strong applications evidence all four across the length of the relationship. Weak applications evidence one or two heavily and the rest thinly — see our partner visa evidence checklist for what each pillar needs.
Where onshore applications go wrong
- Being in the wrong place. Lodging onshore then leaving before the 820 is decided, or lodging the onshore subclass while offshore, creates problems that are difficult to repair.
- No substantive visa at lodgement. Schedule 3 criteria can apply and are a significant hurdle. Waiver is possible where compelling reasons exist, but the application has to be built for it from the start.
- Evidence that starts at lodgement. Relationship evidence dated in the weeks before you applied reads exactly as it looks. Evidence should span the relationship.
- Sponsorship limits overlooked. There are limits on how many partners a person can sponsor in a lifetime and how frequently — check your sponsor's history before relying on the plan.
- Going quiet at the permanent stage. The 801 is not automatic. Missing the Department's request for updated evidence puts the permanent grant at risk.
Not sure whether you should be lodging onshore or offshore?
It depends on where you are, what visa you hold, and how long the relationship has been established. Send your details and a registered migration agent will come back to you with the pathway that actually applies. Free, no obligation.
Questions we get asked first
What is the difference between the 820 and the 801 visa?
They are two stages of the same application, not two separate visas. The Subclass 820 is the temporary stage, granted first, which lets you live and work in Australia. The Subclass 801 is the permanent stage, assessed roughly two years after the original application was lodged. You apply for both at once and pay one government charge — there is no second application fee for the 801.
Do I have to be in Australia to apply for the 820?
Yes. The onshore pathway requires you to be in Australia when you lodge, and generally when the 820 is decided. If you are outside Australia, the equivalent pathway is the offshore Subclass 309/100. Being in the wrong location at the wrong moment is one of the more common avoidable problems in partner applications.
What visa am I on while I wait for the 820?
If you lodge while holding a substantive visa, you are generally granted a bridging visa that keeps you lawful while the application is processed, usually with work rights. The conditions attaching to a bridging visa depend on the visa you held when you applied, so confirm what yours allows before making work or travel plans.
How long until the 801 permanent stage?
The permanent stage is generally assessed about two years from the date the original application was lodged — not from the date the 820 was granted. The Department contacts you when it is time to provide updated relationship evidence. Check the current published figures on the Department's processing times tool, and see our notes on what drives partner visa timelines.
Can I get permanent residence straight away?
In some circumstances the permanent stage can be considered immediately rather than after the usual wait — for example where the relationship is long-standing, or where there are dependent children of the relationship. Whether that applies to you turns on your specific facts and dates, which is a question for a consultation rather than a general guide.
What if I am unlawful or hold no substantive visa?
Schedule 3 criteria can apply where an applicant has no substantive visa at the time of application, and they are a significant hurdle. Waiver is possible where compelling reasons exist, but these applications need to be built deliberately from the start. Get advice before lodging rather than after.
What evidence does the relationship need?
The Department assesses the financial aspects of the relationship, the nature of the household, its social context, and the nature of the couple's commitment to each other. Evidence should cover all four and span the length of the relationship, not just the weeks before lodgement. See our partner visa evidence checklist.
Can WIDEN guarantee the visa will be granted?
No. Section 15 of the Migration (Migration Agents Code of Conduct) Regulations 2021 prohibits any registered migration agent from guaranteeing a visa outcome. What a properly prepared application does is address every criterion with evidence, which is what avoids delay and refusal.
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