Australian Partner Visas (subclasses 820 and 801) allow the partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia.
The 820 Visa is a temporary partner visa and is granted first.
After living in Australia for at least 24 months on a temporary 820 Visa, you may be eligible to be assessed for the 801 Visa, which is a permanent partner visa.
820 Visa & 801 Visa – Eligibility
To apply for an Australian Partner Visa, you must be either:
- Married to your partner, or
- In a de facto relationship with your partner
And your partner must be one of the following:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen
To give yourself the best chance of success, you should ensure that:
If you are married
- Your marriage is recognised as valid under Australian law
- Usually, this means both partners must be at least 18 years old
- If you are 16 or 17, you will require parental permission
If you are in a de facto relationship
- You have been in the relationship for at least 12 months
Other key requirements
- If applying for the initial 820 Visa, you must be in Australia when you apply and when the decision is made
- You already hold another valid visa (e.g. student visa, visitor visa, working holiday visa)
- You do not have an 8503 – No Further Stay condition
- You do not have debts to the Australian Government (unless under a formal repayment agreement)
- You meet standard health and character requirements
NB: You must be in Australia when you lodge your 820 Visa application, though you can be outside Australia when a decision is made on your permanent 801 Visa.
If you want to lodge a partner visa application from outside Australia, you may wish to consider:
- Prospective Marriage Visa (subclass 300), or
- Offshore Partner Visa (subclasses 309 and 100)
Partner Visa Assessment
(Insert your internal link / CTA button here)
820 Visa & 801 Visa – De Facto Relationships
To apply for a partner visa on de facto grounds, you generally need to show that you have lived with your partner for at least 12 months.
The 12-month cohabitation requirement also applies to legal spouses when applying for the following visa types:
- Permanent visas
- Business Skills (Provisional)
- Student visas
- General Skilled Migration visas
Exemption to the 12-month requirement
An exemption can be granted if you register your relationship in an Australian state or territory.
If you choose this option, you will still need to show that you and your partner are and have been living together, but not necessarily for 12 months.
Registration provides legal recognition as a couple under relevant state or territory law and can be beneficial for immigration purposes.
This option is available to both same-sex and different-sex couples.
Relationship registration requirements (usually)
To register a relationship, most states/territories require that:
- Both partners are 18 years or older
- Neither partner is in another relationship as a couple (including marriage or another de facto relationship)
- The partners are not in a familial relationship
Relationship Register for Partners
(Insert your internal link / CTA button here)
820 Visa & 801 Visa – Long Term Relationships
If, at the time you apply, you have been in a long term relationship with your partner, you may be granted a permanent 801 Visa immediately after your temporary 820 Partner Visa.
A long term relationship is generally defined as:
- At least 3 years living together, or
- At least 2 years if you have a child together
820 Visa & 801 Visa – Costs
The application fee for a Subclass 820 Visa is AUD 9,365 for most applicants.
Holders of a Prospective Marriage Visa (subclass 300) can expect to pay a lower fee, starting from AUD 1,560.
Applicants pay one fee only, which covers both the temporary and permanent partner visa stages.
This fee is usually non-refundable, even if:
- You withdraw your application, or
- Your partner visa application is refused
Additional costs
If you include children as dependents, there is an additional fee.
You may also need to pay for extra evidence requirements, such as:
- Health checks
- Police certificates
- Biometrics
How long does an Australian Partner Visa last?
820 Visa duration
The 820 Visa is temporary. It lasts from the date it is granted until a decision is made on your permanent partner visa (subclass 801).
801 Visa duration
The 801 Visa is permanent and lasts indefinitely from the date it is granted.
Related: How long does it take to get 801 visa after 820?
If your current visa is about to end
You will usually be allowed to remain in Australia on a Bridging Visa while you await the outcome of your application.
Your obligations
You and your children must comply with:
- Australian laws, and
- Your visa conditions
You can check your visa conditions in VEVO.
Limitations on Partner Visa Australia sponsorship
You might not be able to sponsor a partner if:
- You hold or have held certain visas, or
- Certain disqualifying circumstances apply
How long Partner Visa Australia sponsorship lasts
Your sponsorship ends two years after your partner is granted their initial 820 Visa.
This applies even if the permanent 801 Visa is granted immediately after the temporary 820 Visa.
Partner Visas and work rights
Visitor visa to Partner visa
If you hold an eligible visitor visa and lodge your 820 partner visa, you transition onto a Bridging Visa A (BVA) or Bridging Visa A when the visitor visa expires.
You have full work rights on your BVA during partner visa processing.
457 / TSS 482 visa to Partner visa
If you lodge a partner application while holding a 457 visa, you cannot stop working for the sponsor until your 820 visa is granted.
Book a consultation for a detailed analysis if you are concerned this may affect you.
Working Holiday 417 visa to Partner visa
If you have a 417 visa and lodge a partner visa, you may be able to apply for a work rights waiver, allowing you to remain working longer than the allowed six months for one employer.
Related: Family Violence and Partner Visas
The new changes to Sponsored Family Visas have not been implemented for Partner Visas.
These changes would have required sponsorships to be lodged first and approved before Partner Visas could be lodged. This would have negatively impacted onshore Partner Visa applicants who want to lodge a visa application before their substantive visa expires.
If you are planning to apply for a Partner Visa, we recommend booking an appointment to discuss how these changes may impact you.
Partner Visa Assessment
Book a meeting with our Registered Migration Agents in Melbourne for a commitment-free consultation covering all your Australian visa options.
