Partner Visa Australia 820/801 Requirements: the Onshore...

Partner Visa Australia 820/801 Requirements: Complete Guide to the Onshore Partner Visa Process

Applying for a partner visa in Australia is a two-stage process that starts with the temporary 820 visa and culminates in the permanent 801 visa. This guide breaks down every requirement for both stages, including eligibility, evidence of your relationship, costs, and common pitfalls. Whether you’re a de facto partner or spouse, this comprehensive outline will help you navigate the application with confidence.

---

Introduction to the Partner Visa 820/801

The Partner Visa (Subclass 820/801) is designed for the de facto partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. This visa pathway allows couples to live together in Australia while their relationship is assessed for permanency. The onshore Partner Visa is the primary focus of this guide, as it requires the applicant to be in Australia at the time of application and decision.

The process is strictly two-stage. Stage 1 is the temporary Partner Visa (Subclass 820), which grants work and study rights and access to Medicare. Stage 2 is the permanent Partner Visa (Subclass 801), which provides indefinite stay and all permanent residency benefits. Applicants lodge both applications simultaneously and pay a single fee, but the permanent visa is generally assessed two years after the temporary visa application.

Meeting all requirements from the outset is critical. A poorly prepared application can lead to refusal, lengthy delays, or even a requirement to reapply from offshore. As of 2024, the Department of Home Affairs reports processing times for the 820 visa ranging from 12 to 24 months for 90% of applications, and the 801 stage taking an additional 6 to 12 months (Department of Home Affairs, 2024). Therefore, a thorough and evidence-rich application is essential.

---

Eligibility Criteria for the 820/801 Partner Visa

To be eligible for the Partner Visa (820/801), you must satisfy several core criteria.

Relationship types: The visa covers married couples, de facto partners (including same-sex), and those in a registered relationship. For married couples, the marriage must be valid under Australian law. For de facto partners, you generally must have lived together for at least 12 months immediately before applying. Exceptions exist if you have a registered relationship (in an Australian state or territory) or if you have a dependent child together.

Sponsor requirements: The sponsor—who can be your partner or spouse—must be an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen (a New Zealand citizen who holds a Special Category Visa and meets certain residency criteria). The sponsor must also be over 18 years of age and must not have previously sponsored more than two other people for a partner visa, nor sponsored another partner in the last five years (unless compelling circumstances apply). Sponsors must also pass character and police checks.

Character and health requirements: All applicants aged 16 and over must meet character requirements, which includes providing police certificates from every country they have lived in for 12 months or more in the last 10 years. Health requirements involve undergoing a medical examination, including a chest x-ray and blood tests, to ensure you do not pose a health risk to the Australian community or burden the healthcare system (Department of Home Affairs, 2023b).

Schedule 3 constraints: If you currently hold a visa that is not a substantive visa (e.g., a bridging visa with no substantive visa in effect), you must satisfy Schedule 3 criteria. This is a complex area; applicants who have had their previous visa refused or cancelled may face additional hurdles. If you do not meet Schedule 3, you must demonstrate compelling circumstances—such as a child of the relationship or significant hardship—to avoid refusal.

---

Stage 1: Temporary Partner Visa (Subclass 820) Requirements

Stage 1 begins with lodging both the 820 and 801 applications together (a combined application). At the time of application, you must demonstrate that your relationship is genuine and continuing. Once submitted, you are usually granted a Bridging Visa A, which allows you to remain lawfully in Australia while the 820 is processed. This bridging visa also permits work and, in some cases, travel (though travel permission must be requested separately).

The evidence required for Stage 1 is extensive and is grouped into four key categories:

• Financial aspects: Joint bank accounts, joint loans, shared household bills, evidence of pooling finances, and co-ownership of assets.
• Nature of the household: Shared lease or mortgage, joint utility bills, evidence of sharing household chores, correspondence addressed to both at the same address.
• Social aspects: Photographs of the couple together with family and friends, invitations, social media evidence, statutory declarations from family and friends (Form 888).
• Nature of the commitment: Communication logs (phone calls, messages, emails), evidence of travel together, joint travel itineraries, and a detailed personal statement.

A key requirement is that de facto couples must prove they have lived together for at least 12 months. However, if you are married or have a registered relationship, this 12-month cohabitation period is not required. If you cannot meet the 12-month cohabitation requirement, you may be eligible for an exemption if you have a dependent child or your relationship is registered in an Australian state or territory.

---

Stage 2: Permanent Partner Visa (Subclass 801) Requirements

Stage 2 is assessed generally two years after you lodged the combined application. The Department reassesses your relationship to confirm it is still genuine and continuing. You will need to provide updated evidence demonstrating that your relationship has continued and that you are still living together.

Exemptions from the two-year wait apply if you have a long-standing relationship. Specifically, if you have been in a de facto relationship for three years or more at the time of the 801 assessment, or for two years if you have a dependent child, you may be granted the permanent visa immediately after the 820 is approved. This exemption is also available to applicants who have been married for three years or more (Department of Home Affairs, 2023a).

For those not exempt, the two-year period begins from the date the 820 application was lodged, not from the date it was granted. During this waiting period, you must continue to provide updates if your circumstances change (e.g., moving house, having a child, changing jobs).

You do not need to pay an additional application fee for the 801 if you lodged it together with the 820. You simply provide the updated evidence when the Department invites you to do so.

---

Application Process Step-by-Step

The application process can be broken down into seven clear steps:

1. Prepare all documents: Gather digital copies of all required documents. Any documents not in English must be accompanied by a certified translation. Organise your evidence into four categories (financial, household, social, commitment) to make it easy for the case officer to assess.

2. Complete the forms: The main visa application form is Form 47SP (Application for migration to Australia by a partner). The sponsor must complete Form 40SP (Sponsorship for a partner to migrate to Australia). Both forms can be lodged online via ImmiAccount.

3. Pay the fees and submit: As of 1 July 2024, the base application charge for the combined Partner Visa is $8,950 (Department of Home Affairs, 2024). Additional charges apply for secondary applicants (e.g., dependent children). Payment is made online.

4. Receive acknowledgment and Bridging Visa A: Once the application is received, you will receive an acknowledgment letter and, if applicable, a Bridging Visa A. This bridging visa does not come into effect until your current substantive visa expires.

5. Processing time: The Department currently aims to process 90% of 820 applications within 12–24 months. The 801 stage takes an additional 6–12 months for most applicants. Processing times vary based on the complexity of the case and the volume of applications.

6. Possible interview or request for more evidence: A case officer may request additional documents or invite you to an interview to verify the genuineness of your relationship. Respond promptly and thoroughly.

7. Decision: You will receive a decision first on the 820 visa. If granted, you will receive a grant letter and a visa label. Later, once the 801 is assessed, you will receive the permanent visa grant.

---

Required Evidence and Documents for the 820/801

To ensure your application is assessed smoothly, you must provide strong, organised, and well-labelled evidence. Below is a comprehensive list:

• Identity documents: Passports (both parties), birth certificates, national ID cards if applicable.
• Relationship statements: Personal statements from both the applicant and sponsor describing the history of the relationship, commitment, and future plans.
• Financial evidence: Joint bank account statements (showing regular transactions), joint loans, evidence of shared payment of bills (rent, utilities, insurance), and evidence of joint ownership of assets (e.g., a car or home).
• Household evidence: Lease agreement or mortgage statement showing both names, utility bills addressed to both, evidence of co-habitation (e.g., mail from the same address), and photos of shared living spaces.
• Social evidence: Photographs of the couple together at significant events, statutory declarations from family and friends (Form 888), invitations to weddings or family gatherings, and social media posts showing you as a couple.
• Commitment evidence: Communication records (call logs, SMS, emails, social media messages), travel itineraries and boarding passes, joint travel bookings, and evidence of future plans (e.g., joint travel tickets, shared goals, or a will).
• Sponsorship documents: Sponsor’s citizenship or permanent residency certificate, police clearance, and evidence of sponsorship history (if applicable).

Tip: Quality over quantity. Instead of submitting hundreds of pages of irrelevant documents, provide a well-presented and summarised set of evidence. Use a cover letter to narrate your relationship timeline and map each piece of evidence to the four criteria. This helps the case officer quickly see that you meet all requirements.

---

Common Mistakes and Tips for a Successful Application

Avoiding common pitfalls can save you months of delays and reduce the risk of refusal. Here are the most frequent mistakes:

• Underestimating the need for extensive evidence. Many applicants submit minimal documentation, assuming the relationship is obvious. This is the most common reason for refusal. Especially for de facto couples, strong evidence of cohabitation and shared life is essential.
• Failing to meet Schedule 3 criteria. If you are applying from a bridging visa with no substantive visa, you must address Schedule 3 requirements. Seek professional advice if you are in this situation.
• Not updating the Department when your circumstances change. If you move house, have a baby, or change jobs, you must notify the Department. Failure to do so can lead to complications.
• Lack of consistent living arrangements. If you and your partner do not live together due to work or study reasons, you must provide compelling evidence that the separation is temporary and that your relationship remains genuine. This is a common area for refusal.

Tips for success:

• Consult a registered migration agent (MARA-registered). Complex partner visa cases—especially those involving Schedule 3, de facto relationships with gaps, or previous visa refusals—benefit significantly from professional assistance.
• Create a relationship timeline. Include when you met, when you began living together, when your relationship became committed, and any major milestones (engagements, holidays, moving house). This timeline helps the case officer understand your story.
• Respond promptly to requests. If the Department asks for more information, respond within the timeframe (usually 28 days). Use a clear checklist to ensure you provide everything requested.
• Final checklist before submission:
  • [ ] Are all documents in English or certified translated?
  • [ ] Have I included police checks for all countries lived in for 12+ months?
  • [ ] Have I completed both Form 47SP and Form 40SP?
  • [ ] Does my evidence clearly cover all four categories?
  • [ ] Is my relationship statement detailed and honest?

---

Resources & Tools

To help you prepare a strong application, the following official and recommended resources are essential:

• Official Department of Home Affairs Partner Visa Page: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore-820-801 – Contains the latest policy, forms, and fee updates.
• ImmiAccount: https://online.immi.gov.au – The online portal for lodging applications, tracking progress, and uploading documents.
• Form 47SP (Partner Visa Application): Downloadable from the Department’s website. Ensure you use the most recent version.
• Form 40SP (Sponsorship for Partner Visa): Also available for download.
• Form 888 (Statutory Declaration by a Supporting Witness): Essential for social evidence.
• Visa Processing Times Dashboard: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times – Check current processing times for the 820 and 801.
• Fee Estimator Tool: https://immi.homeaffairs.gov.au/fees-charges/fee-estimator – Calculate your exact application fee.
• Medicare Program (Australian Government): For information on how to enrol in Medicare once you hold the 820 visa.
• Australian Migration Agents Registration Authority (MARA): https://www.mara.gov.au – Find a registered migration agent for professional advice.

---

References

Department of Home Affairs. (2023a). Partner Visa (Subclass 820/801): Information for applicants. Australian Government. https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore-820-801

Department of Home Affairs. (2023b). Health requirements for Australian visas. Australian Government. https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health

Department of Home Affairs. (2024). Partner Visa processing times. Australian Government. https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times

Department of Home Affairs. (2024). Visa pricing table: Partner visa (onshore). Australian Government. https://immi.homeaffairs.gov.au/fees-charges/visa-pricing-table

Migration Institute of Australia (MIA). (2024). Partner visa evidence requirements: Four pillars of a genuine relationship. MIA Professional Development. https://www.mia.org.au

Australian Government. (2024). Migration Regulations 1994 – Schedule 3: Criteria for certain bridging visas. Federal Register of Legislation. https://www.legislation.gov.au

Attorney-General’s Department. (2023). National Police Checking Service: Required documents for visa applicants. Australian Government. https://www.afp.gov.au/what-we-do/national-police-checks