Two visas, one application
You apply once. You pay the fee once. The 820 is granted first. The 801 is granted around 2 years later after the Department confirms the relationship is still ongoing.
Onshore · Two-Stage Visa · 2026 Guidance
Subclass 820/801, the onshore partner visa path.
If you are already in Australia and your partner is an Australian citizen, permanent resident, or eligible New Zealand citizen, the Subclass 820 is your path to permanent residency. It is a two-stage visa. The 820 is temporary. The 801 is permanent. Both come from the same application.
Key facts about the 820/801
What makes this visa different from other partner streams.
The 820/801 is structurally different from the offshore 309/100 and the Prospective Marriage 300. Understanding these differences matters before you lodge.
Onshore only
You must be in Australia when you lodge the application. If you are overseas, the equivalent visa is the Subclass 309/100.
Bridging Visa A while processing
Lodging the 820 gives you a Bridging Visa A that lets you stay and work in Australia while the 820 is being processed. The BVA activates when your current substantive visa ends.
Full rights from 820 grant
Once the 820 is granted, you have unrestricted work rights, study rights, and Medicare access. You are treated as a permanent resident in most practical ways from day one.
Eligible sponsors
Your sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen. Each has slightly different rules for the sponsorship side of the application.
Section 48 bar exception
Partner visas are one of the visa categories that escape the Section 48 bar. If you have had a previous visa refused, you can still lodge the 820 from onshore.
Who can apply for the 820/801
Six things every applicant must satisfy.
These are the basic eligibility gates. Miss one and the application cannot be lodged, regardless of how strong your evidence is.
Be in Australia
You must be in Australia at the time of application. If you are overseas, the equivalent offshore visa is the 309/100.
Married or de facto relationship
Be in a married or de facto relationship with your sponsor. Legally married couples apply immediately. De facto couples generally need 12 months.
12 months (or exception)
12-month de facto period, or one of the three exceptions: registered relationship, shared dependent child, or compelling circumstances.
Eligible Australian sponsor
Your sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen. Sponsor also needs to meet their own criteria.
Health and character
Both applicant and sponsor need to meet health and character requirements. Waivers exist for some health and character issues.
Not barred by Section 48
Partner visas are an exception to Section 48, so most previous refusals do not block you. But other bars still apply in specific cases.
The four evidence areas, 820 edition
What actually wins a 820 approval.
Evidence across all four areas over time. Not just in the last month before you applied. The Department knows what a fabricated relationship file looks like.
FinancialJoint bank accounts. Joint loans or credit cards. Joint property ownership or shared rental. Evidence of financial interdependence over time, not just in the last month before you applied.
SocialJoint invitations from friends and family. Photos across time showing you together. Statutory declarations from friends and family. Social media evidence of you as a couple.
HouseholdJoint lease or mortgage. Shared utility bills in both names. Shared insurance policies. Evidence of how you divide household responsibilities.
CommitmentWills naming each other. Superannuation beneficiary nominations. Evidence of long-term plans, including family, financial, and property plans. Statutory declarations from both partners.
The 801 stage, two years later
What happens when the permanent visa is assessed.
The Department looks at fresh evidence covering the 2-year period since lodgement. They want to see the relationship has continued and developed.
What the Department looks at
The evidence you provided in the 820 application, plus fresh evidence covering the 2-year period since lodgement. Continued and developed, not frozen.
What you need to provide
Updated financial, social, and household evidence covering the last 2 years. Fresh relationship statements from both partners. Any new statutory declarations.
If the relationship has ended
You may still be eligible under certain circumstances: family violence provisions, death of the sponsor, or shared responsibility for a dependent child. Get advice quickly.
About 20% of partner visa applications are refused.
The most common reason is thin or inconsistent evidence across the four relationship areas. The second most common reason is sponsor issues, including sponsors with criminal histories or who have previously sponsored other partners. A properly prepared application addresses both before lodgement, not after a refusal.
Common 820/801 problems and how we solve them
Situations that look hard, and usually are not.
Each of these shows up regularly in the files we handle. None of them are automatic refusals if prepared properly.
Relationship started online
Common, and not a problem if evidence is presented well. We help you assemble communication records, visits, family introductions, and commitment evidence to show the relationship was genuine even when you were apart.
Short cohabitation period
If you have lived together less than 12 months, we look at the three exceptions: registered relationships, shared dependent children, and compelling circumstances. At least one often applies.
Sponsor complications
If the sponsor has a criminal history, has previously sponsored someone, or has serious debts to the Commonwealth, the sponsor's application needs careful preparation.
Family violence during the 820
Australian migration law has specific provisions to protect victims of family violence. If you have suffered family violence during the 820 stage, you may still be eligible for the 801. Specialist advice matters here.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.