Partner Visa Subclass 820 and 801 — the onshore pathway

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.