Subclass 820 and 801
This is two-stage visa for the de facto partner or spouse of an Australian permanent resident, citizen, or ENZC, who is in Australia.
The 820/801 Onshore Partner Visa
The Subclass 820/801 is a combined application for both a temporary and a permanent visa. Applicants must be in Australia at the time of lodgement. This process generally grants a Bridging Visa, allowing the applicant to remain lawfully in Australia while the temporary stage is processed.
Key Factors:
Relationship Status: You must be the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen.
Combined Application: Applicants lodge for the 820 and 801 simultaneously. The permanent stage is assessed two years after the initial lodgement.
The Four Pillars: Evidence must be provided for the Financial, Social, Household, and Nature of Commitment aspects of the relationship.
Schedule 3: If the applicant does not hold a substantive visa at the time of application, they must satisfy additional "Schedule 3" criteria or seek a waiver.
Subclass 820 - Partner (Temporary) Visa
Applicant Requirements
What it is for: The first stage of a permanent Partner visa for onshore applicants.
What it allows: Living, working, and studying in Australia; access to Medicare; travel to and from Australia.
Key Requirements:
- Must be the spouse or de facto partner of an eligible sponsor.
- Must be in Australia at the time of application.
- Relationship must meet the "four pillars" of evidence.
- Must meet health and character standards.
Length of stay: Temporary. It remains valid until a decision is made on the permanent 801 visa.
Work Rights: Unrestricted.
Sponsor Requirements
Eligibility: Must be an Australian citizen, Australian Permanent Resident (usually resident in Australia), or an eligible New Zealand citizen.
Key Limitations:
- Sponsors are limited to two successful partner sponsorships in their lifetime.
- A minimum of 5 years must have elapsed since the lodgement of a previous successful sponsorship.
- Mandatory character checks are required; significant criminal records result in refusal.
Subclass 801 - Partner (Permanent) Visa
Applicant Requirements
What it is for: The second stage of the process, granting permanent residency.
What it allows: Living, working, and studying in Australia indefinitely; access to social security; and a pathway to Australian citizenship.
Key Requirements:
- Must hold a Subclass 820 or 445 visa.
- At least 2 years must have passed since the initial application was lodged (unless a "long-term relationship" waiver applies).
- Must continue to demonstrate an ongoing, genuine relationship with the sponsor.
- Must meet health and character requirements.
Length of stay: Permanent.
Work Rights: Unrestricted.
Sponsor Requirements
Eligibility: Must be the same sponsoring partner who sponsored the Subclass 820 visa.
Key Limitations:
- The sponsorship must remain in effect and not have been withdrawn.
- Exceptions apply in cases of family violence or the death of the sponsoring partner.
Maintaining compliance
- Ongoing Genuineness: You must maintain evidence of your relationship (joint accounts, social travel, shared bills) during the 2-year provisional period.
- Notification of Change: You must notify the Department if your relationship ends or your contact details change.
- Stage 2 Lodgement: While the subclass 820 and subclass 801 are applied for together, you must provide updated evidence for the permanent stage (subclass 801) two years after the initial lodgement.
The Four Pillars of Relationship Evidence
Financial Aspects
Joint ownership of assets, joint liabilities, and pooling of financial resources.
Nature of the Household
Shared domestic responsibilities, joint care of children, and living arrangements.
Social Aspects
How the couple is perceived by others, joint social activities, and evidence that the couple presents as married/de facto to government or commercial bodies.
Nature of Commitment
Duration of the relationship, companionship, emotional support, and the perception of the relationship as long-term.
For 820/801 Visa Applicants
The Subclass 820/801 requires you to meet all Four Pillars of your relationship requirements. At Immilex, we assess your evidence to ensure your relationship history is logically documented and supported by verifiable facts such as joint financial liabilities, social recognition, and household shared responsibilities.
It is also important to plan for the 2-Year Wait Period. If you are in a long-term relationship (3+ years), the Permanent 801 visa may be granted immediately upon approval of the 820.
Frequently Asked Questions
Only if you have registered your relationship with a state or territory government or can prove compelling and compassionate circumstances.
If you are on a substantive visa (like a 482 or 500) when you apply, those rights continue. Once your substantive visa expires and your Bridging Visa A (BVA) kicks in, you may have full work rights.
You must have been in the relationship for at least 3 years, or 2 years if there is a dependent child of the relationship.