Partner Visa (Temporary & Permanent) (Subclass 820/801)

Partner Visa (Temporary & Permanent) (Subclass 820 / 801)

The Partner Visa (Subclass 820/801) allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia. This visa is processed in two stages:

Subclass 820 – Temporary Partner Visa
Subclass 801 – Permanent Partner Visa

Applicants first receive the temporary 820 visa, allowing them to live in Australia while their permanent 801 visa is processed. Once the relationship and visa requirements continue to be met, the applicant becomes eligible for the permanent 801 visa.

This visa pathway allows couples to build their life together in Australia - but the application process is detailed, evidence-heavy, and requires careful preparation to avoid delays or refusal. Working with an experienced migration team ensures your relationship evidence is strong, accurate, and professionally presented.

Key Eligibility Requirements

Partner Visa (Subclass 820 – Temporary Visa) Requirements

To qualify for the 820 visa, applicants must:

  • • Be 18 years or older
  • • Be married or in a genuine de facto relationship
  • • Have an eligible sponsor (Australian citizen, PR or eligible NZ citizen)
  • • Meet health and character criteria
  • • Have no outstanding debts to the Australian Government
  • • Not have had a visa refused or cancelled (exceptions apply)
The 820 visa allows you to live, work, and study in Australia while awaiting the decision on your permanent visa.

Partner Visa (Subclass 801 – Permanent Visa) Requirements

To be granted the permanent 801 visa, you must:

  • • Hold a valid temporary partner visa (820)
  • • Prove your relationship is ongoing and genuine
  • • Continue meeting all conditions of the 820 visa
  • • Meet health and character requirements
  • • Not have had a visa cancelled or refused while in Australia

In special circumstances (relationship breakdown due to domestic violence, death of the sponsor, or if children are involved), applicants may still be eligible for the 801 visa.

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Understanding the Partner Visa Process

Applying for a Partner Visa is not just about forms the Department requires extensive evidence to prove that your relationship is genuine and continuing. This includes:

Financial evidence (joint accounts, shared expenses, assets)
Social evidence (photos, messages, invitations, joint activities)
Household evidence (shared living arrangements, bills, tenancy agreements)
Commitment evidence (future plans, relationship history, statements)

Poorly prepared evidence results in delays or refusals. A professional migration agent ensures all documents are consistent, detailed, and presented in line with Department expectations.

Frequently Asked Questions – Partner Visa (820/801)

  • 1. What are the requirements for a partner visa in Australia?
    You must be in a genuine, committed relationship with an Australian citizen, PR, or eligible NZ citizen. You must be 18+, meet health and character requirements, and provide evidence of a de facto or married relationship.
  • 2. How long can I stay in Australia on a partner visa?
    Temporary 820 visa: Allows you to stay for several years while the permanent stage is processed.
    Permanent 801 visa: Grants permanent residency, allowing you to stay indefinitely.
  • 3. What is the difference between spouse, partner, and de facto visas?
    All these terms refer to the same partner visa pathway, but highlight different relationship types:
    Spouse visa: for married couples
    De facto visa: for couples living together in a committed relationship
    Partner visa: the overall visa program for both categories
  • 4. What evidence is needed to prove a genuine relationship?
    You must provide proof including:
    • Joint bank accounts
    • Shared bills and financial commitments
    • Photos, travel history, social events
    • Statutory declarations
    • Evidence of living together
    • Evidence of long-term relationship planning
  • 5. Can I apply for a partner visa before marriage?
    Yes. You may apply under:
    • A de facto relationship, or
    • A Prospective Marriage Visa (Subclass 300) if you plan to marry in Australia
  • 6. Do I need to be in Australia to apply for the 820 visa?
    Yes, the Subclass 820 visa must be lodged while you are onshore.
  • 7. Can my partner withdraw sponsorship?
    Yes — and it will affect your visa unless you are eligible under special circumstances (e.g., domestic violence provisions).
  • 8. Can I work on a partner visa?
    Yes. Both the 820 and 801 visas allow full work rights in Australia.
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