1. How the 820/801 Pathway Works
The onshore partner visa is a two-stage application lodged as a single combined package. Both stages are covered by the one application fee paid at the time of lodgement. The applicant does not need to lodge a separate application for the second stage.
Stage 1 — Subclass 820 (Temporary): When the 820 is granted, the applicant receives a temporary partner visa with full work and study rights. This stage is typically reached 12–24 months after lodgement, though processing times vary.
Stage 2 — Subclass 801 (Permanent): After a minimum of 2 years from the original lodgement date, the Department assesses eligibility for the permanent 801 visa. The applicant must still be in a genuine and continuing relationship with the sponsor at the time of the 801 assessment. If the relationship is intact and all requirements are met, the 801 is granted — providing permanent residence.
Offshore equivalent: Applicants who are outside Australia at the time of lodgement apply for the Subclass 309 (temporary) and 100 (permanent) pathway. The 309/100 follows the same structure as the 820/801 but is assessed offshore.
2. Eligibility: Who Can Apply
To be eligible for the 820/801, the applicant must:
- Be in Australia at the time of lodgement (for the 820 onshore pathway)
- Hold a valid substantive visa at the time of lodgement (there are very limited circumstances where a person without a current visa can lodge)
- Be in a genuine spousal or de facto relationship with an eligible sponsor
- Meet health and character requirements
- Not be subject to any exclusion that prevents making a further visa application
3. The Four Relationship Categories
The partner visa covers four types of qualifying relationships:
| Category | Requirements | Notes |
|---|---|---|
| Married | Legal marriage recognised under Australian law | Must be a valid marriage; proxy and some religious marriages may require additional evidence |
| De Facto | Genuine de facto relationship for at least 12 months | Waived if registered relationship or child together |
| Same-sex relationship | Same-sex de facto or married couples are treated identically to opposite-sex couples | Full equality since 2017 marriage law reform |
| Prospective marriage (Subclass 300) | Intention to marry an Australian citizen — separate visa pathway | Must marry within 9 months of arriving in Australia; different visa subclass |
4. What Evidence to Provide
The Department assesses the genuineness and continuity of the relationship across four established categories. Understanding these categories and providing targeted evidence for each is the single most important step in building a strong application.
Category 1: Financial Aspects
Evidence that demonstrates financial interdependence and shared commitment:
- Joint bank account statements showing regular transactions by both parties
- Joint liability documents — shared lease, mortgage, or loan
- Evidence of joint financial commitments: shared utility bills, insurance policies naming both parties, joint investments
- Evidence of financially supporting each other — payments, remittances, or financial assistance
- Joint ownership of property or significant assets
Category 2: Nature of Household
Evidence that the couple shares a household or domestic life:
- Shared residential address across utility bills, bank statements, government correspondence
- Lease agreement or property ownership showing both names or the same address
- Evidence of shared household responsibilities — shared grocery shopping, household accounts
- Explanation and supporting evidence for periods of living apart (work, study, family reasons)
Category 3: Social Aspects
Evidence that the relationship is recognised socially:
- Photographs of the couple together at social events, family gatherings, travel, and daily life — dated and with context notes
- Statutory declarations from friends and family who know the couple as a couple
- Social media evidence showing the relationship is publicly acknowledged
- Travel records — shared travel, holiday bookings together
- Invitations, cards, or correspondence addressed to both parties
Category 4: Commitment
Evidence of mutual commitment to a shared life:
- Communications between the parties — messages, emails, letters, especially during periods of separation
- Length of the relationship and the history of how it developed
- Knowledge of each other's personal circumstances — family, background, health, daily life
- Future plans together — property purchase plans, joint visa applications, planned events
- Beneficiary designations naming each other on wills, insurance, or superannuation
How Much Evidence Is Enough?
There is no prescribed minimum number of documents. The Department looks for evidence that is genuine, consistent, and addresses all four categories. A 50-page application with weak evidence across all categories is less persuasive than a 20-page application with clear, targeted evidence for each category. Quality and coherence matter more than volume.
5. The Two-Year Wait
The minimum waiting period before the 801 permanent stage can be assessed is 2 years from the original 820/801 lodgement date — not 2 years from the 820 grant date. This means the permanent stage clock starts running from the day the combined application is lodged.
At the 2-year mark, the Department reviews the application and assesses whether:
- The relationship is still genuine and continuing
- The sponsor is still eligible to sponsor
- Any new health, character, or personal circumstances have arisen that affect eligibility
If the relationship has ended by the time of the 801 assessment, the application will be refused — unless the relationship ended due to the death of the sponsor or family violence by the sponsor. These two circumstances are governed by specific legislative provisions.
Domestic Violence Provision
The partner visa framework includes a specific provision for applicants who have experienced family violence perpetrated by the sponsoring partner. Where there is credible evidence of family violence, the applicant may be eligible for the 801 permanent visa even if the relationship has ended. Evidence of family violence is assessed by an approved assessor, and applicants should seek advice from a registered migration agent or family violence specialist if this applies to their situation.
6. Partner Sponsorship Requirements
The sponsoring partner must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. They must also:
- Be at least 18 years old
- Not have sponsored two or more previous partners for a partner visa
- Not have been sponsored for a partner visa themselves within the past 5 years (unless the Department waives this in compelling circumstances)
- Meet character requirements — a sponsor with serious criminal convictions may have their sponsorship refused
The two-partner limit on sponsorship is strictly applied. If a sponsor has previously sponsored two partners (regardless of the outcome of those visas), they will generally not be approved to sponsor a third.