top of page

Onshore Partner Visa Australia
(Subclass 820 & 801)

Last Updated: 7 April 2026

Can You Apply for a Partner Visa While in Australia?

Yes — you can apply for a partner visa while you are in Australia if you are in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.

This pathway is called the onshore partner visa, and it applies when:

  • You are physically in Australia at the time of application

  • You meet relationship requirements

  • Your visa allows you to apply

You must be in Australia when you lodge your application.

If your situation meets these conditions, you can apply for:

You lodge both stages together, but the Department assesses them separately.

To understand the full partner visa pathway, see our complete partner visa Australia guide.

Should You Apply for an Onshore Partner Visa?

Applying onshore is not always the best option.

You should assess your situation carefully before applying, especially if:

  • Your visa has condition 8503 (no further stay)  

  • Your visa is close to expiry  

  • You do not hold a substantive visa  

  • Your relationship evidence is not strong  

In some cases, applying at the wrong time can increase the risk of refusal or delay. Your visa status and timing play a critical role in your application outcome.

Who Should Apply for an Onshore Partner Visa?

This pathway suits you if:

  • You already live in Australia on a valid visa

  • You want to remain in Australia while your application is processed

  • You prefer not to leave Australia to apply

Many applicants apply while holding:

  • Visitor visas

  • Student visas

  • Temporary work visas

However, your eligibility depends on your visa conditions. You should check your visa conditions through VEVO before applying.

How the Onshore Partner Visa Works

The process follows a two-stage structure:

  • You stay in Australia lawfully

  • You can work and study

  • You may access Medicare if eligible

Learn more about the Subclass 820 partner visa requirements and process.

  • You become a permanent resident

  • You can stay indefinitely

  • You may apply for citizenship if eligible

Learn more about the Subclass 801 permanent partner visa stage.

What Happens After You Apply?

After you lodge your application:

  • You may receive a Bridging Visa

  • You can remain in Australia while your application is processed

  • Your legal status continues during the waiting period

If your current visa expires, your bridging visa becomes active and allows you to stay lawfully in Australia.

If you applied while holding a valid visa, you are usually granted a Bridging Visa A, which becomes active when your current visa expires.

Can You Stay and Work While Waiting?

In most cases:

  • You can stay in Australia during processing

  • You may have work rights depending on your visa status

Many applicants transition onto a bridging visa after lodging their application.

When an Onshore Partner Visa Becomes Complex

Some situations require careful assessment before applying.

Your case may become complex if:

  • Your visa has condition 8503 (no further stay)

  • You do not hold a substantive visa

  • Your visa has expired

  • You have previous refusals or cancellations

In these cases, you may need to:

  • Apply for a waiver

  • Show compelling reasons

  • Meet additional legal requirements

Your visa status directly affects your eligibility.

What If Your Visa Has Expired?

You may still apply in certain situations, but strict conditions apply.

If you do not hold a substantive visa:

  • You must show compelling reasons for applying

  • Additional criteria apply to your application

Applying after your visa expires increases risk and complexity.

Applications in this situation are assessed under stricter criteria and may carry a higher risk of refusal.

Processing Time for Onshore Partner Visa

Typical timelines:

  • Subclass 820: 8 to 18 months

  • Subclass 801: assessed around 2 years after application

Processing time depends on:

  • Completeness of your application

  • Strength of relationship evidence

  • Health and character checks

Well-prepared applications move faster. For detailed timelines and factors affecting processing, see our partner visa processing time guide.

Cost of Onshore Partner Visa

The cost starts from:

  • AUD 9,365 for most applicants

This includes:

  • Subclass 820

  • Subclass 801

You pay once at application.

Additional costs may include:

  • Health checks

  • Police certificates

  • Document translation

For a full cost breakdown, see our partner visa cost guide.

Key Requirement You Must Meet

Applications are assessed under Australian migration law by the Department of Home Affairs.

The most important requirement is:

You must prove your relationship is genuine and continuing

The Department assesses your relationship across:

  • Financial aspects

  • Household arrangements

  • Social recognition

  • Long-term commitment

​For a detailed breakdown of eligibility and supporting documents, see our partner visa requirements guide.

Onshore vs Offshore Partner Visa

Compare this with the offshore partner visa pathway.

Frequently Asked Questions

Can I apply for a partner visa while on a tourist visa?

Yes, in many cases.

However, your eligibility depends on your visa conditions. If your visa includes restrictions such as condition 8503, you may need a waiver before applying.

What is condition 8503 and why does it matter?

Condition 8503 prevents you from applying for most visas while in Australia.

If your visa includes this condition, you must request a waiver before applying for a partner visa.

Can I stay in Australia while waiting for my partner visa?

Yes.

If you apply onshore, you can usually stay in Australia on a bridging visa while your application is processed.

Can I work while waiting for my partner visa?

In many cases, yes.

Work rights depend on your visa status or bridging visa conditions.

Can I leave Australia after applying?

You can travel, but you must hold a valid visa to return.

If you leave Australia without the correct bridging visa, you may not be able to re-enter.

Do I need to be married?

No.

You can apply as a spouse or de facto partner. Marriage does not guarantee approval. The Department focuses on evidence of a genuine relationship.

What happens if I apply before my visa expires?

If you apply while holding a valid visa, you can remain in Australia lawfully. A bridging visa usually allows you to stay after your current visa expires while your application is processed.

Need assistance with an Onshore Partner Visa application?

RACC’s registered migration agents can assess your eligibility, explain the appropriate partner visa pathway, and assist with preparing an application that meets Australian Government requirements.

Small careless mistakes may result in visa rejection. Book a FREE consultation with Registered Migration Agents will help you get the visa without any headaches.

Why RACC?

  • 20+ years of experience

  • Prepare for your application to the Immigration

  • Preparation of Police Check

  • Arrange for new Insurance

  • Advice on Medical Checkup

  • Don't let small careless mistake resulting in a Visa rejection

  • You can also apply from outside Australia

  • 4.8 out of 5 customer satisfaction

  • Our Team speak multiple languages

  • English, Mandarin, Cantonese, Bahasa, Sinhalese, Malay, Thai, Tagalog, Vietnamese, Hindi, Punjabi etc...

  • Registered Migration Agents (MARN1572962, MARN1172003, MARN2518802

CONSULTATION

We give the best advice based on your needs

ASSESSMENT

We assess your situation to 

ensure you meet the 

requirements

PREPARATION

We compile all of your

important documents

APPLICATION

We submit your application​

and keep you informed

Address

Australia Office:
343 Little Collins Street 

Melbourne VIC 3000

Level 7, Suite 715 - 716

Office Hour

9 am - 6 pm Mon - Fri.

Closed on public holidays

© 2024 RACC Australia; Migration Agent Registration Number (MARN) 1572961

bottom of page