820 & 801 Visa: Partner Visa Onshore (Subclass 820 & 801)

If you’re already in Australia and wish to stay with your Australian citizen partner or an Australian permanent resident, the 820 visa is your starting point, followed by the 801 PR visa. This two-stage process requires careful attention, and working with a Registered Migration Agent ensures you stay on track with the deadlines for both parts.

This visa is a temporary-to-permanent option. Two years after lodging the initial application, you’ll need to submit more evidence to demonstrate your ongoing relationship to qualify for Australian permanent residency.

820/801 Visa Process

The 820 and 801 visa process follows two steps, transitioning you from temporary residency to permanent residency.

In most cases, the 820 visa is granted first, followed by the 801 visa approximately 24 months later. A single government application fee is paid at the beginning, covering both stages.

You can remain in Australia on the 820 visa until the permanent 801 visa is approved. Once the 801 visa is granted, you’ll be considered a permanent resident and may eventually apply for Australian citizenship.

While on the subclass 820 visa, you can:

• Work in Australia
• Study in Australia (without government financial assistance)
• Leave and re-enter Australia as needed
• Access free English classes

Proving Your Ongoing Relationship

You must be living together when submitting your 820 visa application. Any family members included must also be in Australia at the time of application. Children living overseas can be added later as non-migrating dependents.

Since November 24, 2023, there’s no distinction between onshore and offshore applicants for the 820 visa—both can be granted while outside Australia. If you’re outside Australia, other visa options, like the prospective marriage visa (subclass 300) or offshore partner visa (subclass 309/100), may be more suitable.

Demonstrating the Nature of Your Relationship
To apply for the 820/801 visa, you must submit evidence proving your relationship is genuine and ongoing. This includes:

• Financial commitment to each other
• Shared living arrangements
• Social recognition of your relationship

You’ll need to continuously submit evidence throughout the application process. A case officer may interview you, either by phone or in person, to assess the nature of your relationship.

For most applicants, proof of 12 months of cohabitation is required. However, in some regions, registering your relationship may waive this requirement.

Permanent Residency with the 801 Visa

If you’ve been living with your partner for three years before lodging the application, or have lived together for two years with a child, you may be eligible to apply directly for the permanent 801 visa.

820 Visa Duration

The subclass 820 visa lasts until the permanent 801 visa is granted. Once you hold the 801 visa, you’ll be a permanent resident and can remain in Australia indefinitely, with the option to apply for citizenship later.

Including Family Members on the 820/801 Visa

You can include your children and step-children in your visa application, provided you have sole custody or permission from their other biological parent.

Medicare Rights

Once your visa application is lodged, you’ll be able to enroll in Australia’s Medicare system.

Work Rights

• Bridging Visa A (BVA): When you lodge your onshore partner visa application, a Bridging Visa A (BVA) is issued, effective when your current visa expires. This allows you to work during processing.
• Bridging Visa E (BVE): If your current visa has a long validity, your BVA only kicks in when it expires. If you hold a BVE and wish to work, you’ll need to demonstrate financial hardship.

Time of Application (TOA)

Your partner visa application must meet the “time of application” criteria, meaning you must be in a committed relationship at the time of lodging. Partner visas can take a long time to process, but your application can be updated with new evidence if your circumstances change.

Can I Register My Relationship?

Relationship registration is available in some states, but not all. If you can register your relationship, it may help bypass the 12-month cohabitation requirement before lodging the partner visa application.

• NSW: Relationship registration is allowed if one of you has lived in NSW for a specified time.
• QLD: Registration can be done if at least one partner has resided in Queensland.
• Victoria: Registration is required if you haven’t lived together for the past 12 months.
• ACT: ACT registration allows you to apply before meeting the 12-month requirement.
• South Australia: Registration allows you to lodge the 820 visa application early.
• Tasmania: Registration is necessary if you haven’t lived together for 12 months.
• WA and NT: Relationship registration is not available in these regions for migration purposes.

Partner Visa Changes (2024-25 Budget)

The 2024-25 budget allocated 52,500 family visa places, with 40,500 expected for partner visas.