Complete Guide for Subclass 820 and 801 Partner Visa: Australia’s Onshore Partner Visa Pathway

The Subclass 820 and 801 Partner Visas allow the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia temporarily and then permanently. This visa pathway is for couples who apply onshore and want a direct transition from temporary residence to permanent residency based on their relationship.

Why the Subclass 820 and 801 Visa Pathway Matters

When you apply for a partner visa in Australia, you lodge one combined application for both the temporary (Subclass 820) and the permanent (Subclass 801) visa stages. The process begins with the grant of the temporary 820 visa, and after a two-year waiting period from the application lodgement date, the Department assesses your eligibility for the permanent 801 visa.

This structure allows you to stay in Australia lawfully during processing and eliminates the need to reapply or pay an additional fee for the 801 visa.

Subclass 820 Partner Visa (Temporary Stage)

The Subclass 820 visa is the first stage of the onshore partner visa process. It allows you to live in Australia temporarily while your long-term relationship is assessed over time. You must be in Australia both when you apply and when the visa is granted.

Key Benefits of Subclass 820

• Stay lawfully in Australia during processing

• Work and study without restriction

• Access Medicare (Australia’s public health system)

• Travel freely in and out of the country

• Attend free English classes via AMEP if eligible

Core Eligibility Requirements

To qualify for the Subclass 820 visa, you must:

• Be in a genuine and ongoing spousal or de facto relationship with your sponsor

• Be in Australia when you apply and when the visa is decided

• Be sponsored by an Australian citizen, permanent resident, or eligible New Zealand citizen

• Provide at least two statutory declarations from Australian citizens or permanent residents confirming your relationship

• Meet health and character requirements

• If previously on certain regional visas (e.g. Subclass 491 or 494), meet required waiting periods

Subclass 801 Partner Visa (Permanent Stage)

The Subclass 801 visa is the second and final stage of the partner visa process. Once granted, it allows you to remain in Australia permanently with full work, study, and travel rights.

This visa is typically assessed two years after you lodge your combined Subclass 820/801 application, provided you still meet the eligibility criteria and your relationship is ongoing.

Benefits of Subclass 801

• Live in Australia as a permanent resident

• Work and study with no restrictions

• Sponsor eligible family members to migrate

• Apply for Australian citizenship (if eligible)

• Travel with a five-year multiple entry facility

Eligibility for Subclass 801

To be granted the Subclass 801 visa, you must:

• Hold a Subclass 820 or Dependent Child (Subclass 445) visa

• Still be in a genuine and exclusive relationship with your original sponsor (unless exempt due to family violence or death)

• Provide updated relationship evidence (joint bills, statements, housing, and social proof)

• Meet any additional health or character checks requested

• Have no outstanding debts to the Australian Government

How Subclass 820 and 801 Work Together

You do not apply for Subclass 801 separately. Instead, when you lodge your combined partner visa application, you’re considered for both stages.

• Step 1: Subclass 820 visa is granted first, allowing you to stay in Australia temporarily

• Step 2: After two years from the application date, you become eligible for Subclass 801 assessment

• Step 3: You submit updated documents, and if your relationship meets the criteria, the 801 visa is granted

This streamlined system gives couples peace of mind and allows uninterrupted residence in Australia during the processing period.

Fast-Tracking the Subclass 801 Visa

In some circumstances, you may be granted the Subclass 801 visa earlier than two years after application lodgement. This may occur if your relationship was already long-term when you applied.

Common Fast-Track Scenarios

• You were in a relationship for 3+ years at time of application

• You were in a relationship for 2+ years with a dependent child

• Your partner held a permanent humanitarian visa when your relationship began

• Your application falls under family violence or partner death provisions

Ongoing Responsibilities for Visa Holders

To ensure a smooth transition to Subclass 801, you must continue to maintain and document your relationship.

• Keep joint bank accounts, leases, and bills

• Save photos, invitations, and travel records

• Lodge updated relationship statements if requested

• Notify the Department of changes in address or relationship status

The Department may contact you for further information during the 801 assessment, so it's important to remain contactable and responsive via your ImmiAccount.

Start Your Partner Visa Application with Confidence

The Subclass 820 and 801 Partner Visa process is a major step toward settling in Australia long-term with your partner. With the right preparation and documentation, you can maximise your chances of success at both stages.

RACC Australia provides expert guidance for couples navigating the partner visa journey. From document checklists to relationship evidence strategy, we’ll help you every step of the way. Book your free consultation today!