Step-by-Step: Applying for Australia Partner Visa (820/801)

Embarking on the journey to live permanently in Australia with your partner is an exciting prospect, but navigating the visa application process can seem complex. The Australian Partner Visa (Subclasses 820 and 801) offers a pathway for partners or spouses of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia. This visa is specifically for applicants who are in Australia (onshore) when they apply. This comprehensive guide provides a step-by-step breakdown of the application process, from understanding the visa structure to gathering evidence and lodging your application, helping you navigate your path towards permanent residency Down Under.

Introduction: Understanding the Onshore Partner Visa (820/801) Pathway

The Partner Visa (Subclass 820/801) is essentially a two-stage process designed for individuals already in Australia on a valid temporary visa (known as a substantive visa).

 

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1. Subclass 820 (Temporary) Visa: This is the first stage. If granted, it allows the applicant to live, work, and study in Australia while the Department of Home Affairs processes the permanent visa. It acts as a bridge, acknowledging the relationship while further assessment occurs.
2. Subclass 801 (Permanent) Visa: This is the second stage, leading to permanent residency. Eligibility for the 801 visa is typically assessed two years after the initial 820/801 application was lodged. The core requirement is proving that the genuine and continuing relationship still exists.

The critical element underpinning this entire process is the need to demonstrate a genuine and continuing relationship between the applicant and their Australian sponsor, to the exclusion of all others. This isn’t just about being married or living together; it’s about showing a shared life and mutual commitment across various aspects. The requirements differ significantly from temporary migration goals, such as those explored under Top Digital Nomad Visas | Work Remotely & Travel Worldwide, as the partner visa aims for permanent settlement based on a relationship.

Eligibility Criteria: Can You Apply for the 820/801 Visa?

Meeting the specific eligibility criteria is fundamental. Both the visa applicant and their Australian partner (the sponsor) must meet requirements, as must the relationship itself.

Applicant Requirements

1. Location: You must be in Australia when you apply for the 820/801 visa and usually also when the Subclass 820 visa is granted. Typically, you must hold a ‘substantive visa’ (e.g., visitor, student, temporary work visa) when applying. Applicants holding certain visas or those without a substantive visa face more complex rules (Schedule 3 criteria) and should seek specific advice.
2. Relationship Status: You must be the spouse (legally married) or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
3. Age: You must usually be 18 years or older.
4. Health: You must meet Australia’s minimum health requirements. This typically involves undergoing a medical examination, including tests like chest x-rays and HIV tests, conducted by a panel physician approved by the Department.
5. Character: You must meet the character requirements, demonstrating you are of good character. This involves providing police certificates from every country you have lived in for 12 months or more (cumulatively) over the last 10 years since turning 16. Serious criminal convictions can lead to visa refusal.

Sponsor Requirements

1. Status: Your sponsor must be an Australian citizen, Australian permanent resident, or an ‘eligible New Zealand citizen’.
2. Age: Your sponsor must usually be 18 years or older.
3. Sponsorship Approval: The sponsor must be approved by the Department. They must lodge a sponsorship application alongside the visa application.
4. Sponsorship Limitations: There are limitations on sponsorship. For instance, a sponsor might be restricted if they have previously sponsored other partners within certain timeframes or if they themselves were sponsored on a partner visa recently. Certain criminal convictions (especially those involving violence or offences against children) can prevent someone from being a sponsor.
5. No Conflicting Visas: The sponsor cannot hold certain specific visas that preclude sponsorship.

Relationship Requirements

This is the cornerstone of the application and requires substantial evidence.

1. Genuine and Continuing: Your relationship must be proven to be genuine and continuing. The Department assesses this based on the evidence you provide across four broad categories (discussed later).
2. Spouse or De Facto Partner:
   • Spouse: You must be legally married to your sponsor under Australian law or provide evidence that your overseas marriage is recognised in Australia.
   • De Facto Partner: You must generally show you have been in a de facto relationship (living together like a married couple) for at least 12 months immediately before applying. This 12-month requirement may be waived if your relationship is registered with an Australian state or territory government, if you have a child together, or under other compelling and compassionate circumstances. Proving a de facto relationship often requires similar depth of evidence as needed for pathways like the Canada Common-Law Partner Sponsorship | Indoor vs. Outdoor Stream Breakdown.
3. Living Together: Generally, you must live with your partner or be living apart only on a temporary basis.
4. Mutual Commitment: You must demonstrate a mutual commitment to a shared life together, to the exclusion of all others.

The assessment considers the overall picture presented by your evidence. Different countries have varying requirements; for example, the UK Marriage Visa Sponsorship | Income Thresholds & English Tests places significant emphasis on financial thresholds and English language ability, which are assessed differently in the Australian context (though sponsors assume financial obligations).

The Combined Application Process: 820 leading to 801

Unlike some visa pathways where temporary and permanent stages require separate applications, the Australian onshore Partner Visa involves lodging a combined application for both the temporary (820) and permanent (801) visas at the same time, using a single application form and paying one primary application charge upfront.

The Department first assesses your eligibility for the temporary Subclass 820 visa. If granted, you live in Australia on this visa. Then, approximately two years after you first applied, the Department assesses your eligibility for the permanent Subclass 801 visa, requiring you to provide updated evidence that your relationship is still genuine and continuing. This two-stage approach ensures the relationship’s longevity before granting permanent residency, differentiating it from immediate residency pathways seen in some systems like the New Zealand Partner Resident Visa | Eligibility, Streams & Processing Times under certain streams.

Step-by-Step Application Guide for the Partner Visa (820/801)

Applying requires meticulous preparation and attention to detail. Follow these steps:

Step 1: Preparation and Document Gathering

• Thorough Preparation is Key: Start gathering documents well before you intend to apply. Missing information or poorly organised evidence can lead to significant delays.
• ImmiAccount: Applications for the 820/801 visa are lodged online through the Department of Home Affairs’ online portal, known as ImmiAccount. Both the applicant and the sponsor will need to create individual accounts to complete their respective parts of the application and upload documents. (Note: Do not search for or link to the official site per instructions).
• Key Applicant Documents:
  • Identity Documents: Passport bio-data page, birth certificate showing both parents’ names, national identity card (if applicable).
  • Passport Photos: Recent, compliant passport-sized photographs.
  • Name Change Documents: If your name has changed legally (e.g., via marriage, deed poll).
  • Character Documents: Police certificates from relevant countries. You may need to apply for these early as they can take time to obtain.
  • Relationship Status Documents: Marriage certificate (if married), evidence of termination of previous marriages (divorce decree, death certificate).
• Key Sponsor Documents:
  • Proof of Status: Evidence of Australian citizenship (birth certificate, passport, citizenship certificate), permanent residency (visa grant notice, passport stamp), or eligible NZ citizen status.
  • Identity Documents: Passport, driver’s licence, birth certificate.
  • Character Documents: Australian police certificate and potentially overseas police certificates depending on time spent abroad.
  • Relationship Status Documents: Evidence of termination of previous marriages, if applicable.
• Financial Document Preparation: Gathering financial documents requires organisation, a skill valuable in many professions, such as those detailed in $3000/month Bookkeeper Vacancies in Canada With Full Sponsorship.

Step 2: Compiling Relationship Evidence (The Four Pillars)

This is the most critical part of your application. You need to provide comprehensive evidence covering the four key aspects (‘pillars’) of your relationship:

1. Financial Aspects: Demonstrate shared financial responsibilities and arrangements.
   • Examples: Joint bank account statements showing pooled funds and shared expenses, jointly owned assets (property, cars, investments), joint loans or leases, household bills in both names, joint financial commitments.
2. Nature of the Household: Show how you live together and share domestic responsibilities.
   • Examples: Statements outlining how household chores are distributed, joint lease/mortgage documents, utility bills addressed to both partners at the same address, mail addressed individually to the same address, statements about your living arrangements.
3. Social Aspects: Prove that others recognise you as a couple and you engage socially together.
   • Examples: Joint travel documentation (tickets, itineraries), photos together (especially with family and friends over time), joint invitations or participation in events, proof of joint memberships (clubs, gyms), evidence of shared social activities, Form 888 Statutory Declarations from friends/family (see below). Documenting shared goals and planning, perhaps even career aspirations, can be part of this, reflecting the kind of forward-thinking seen in roles like Marketing Assistant Vacancies Abroad with Free Visa Sponsorship.
4. Nature of Commitment: Demonstrate your mutual commitment to a long-term, exclusive relationship.
   • Examples: Knowledge of each other’s personal circumstances (family, background), terms of your wills naming each other as beneficiaries, designating each other on superannuation or insurance policies, evidence of intention for the relationship to be long-term (future plans), correspondence (cards, emails, messages) showing ongoing contact, especially during any periods of separation. The depth of commitment required contrasts with the initial stages of processes like the US K-1 Fiancé(e) Visa Application Guide | Timeline & Interview Prep, which focuses on intent to marry.

• Statutory Declarations (Form 888): You must provide at least two Form 888 declarations completed by Australian citizens or permanent residents who know both you and your sponsor and can attest to your relationship being genuine. These supporting witnesses should provide specific examples of why they believe your relationship is real and ongoing.

Provide evidence across all four pillars and throughout the entire duration of your relationship, especially the 12 months prior if applying as de facto partners.

Step 3: Lodging the Visa Application Online

• Using ImmiAccount: The applicant completes the main Partner Visa application form (which covers both 820 and 801) via their ImmiAccount. The sponsor completes a separate Sponsorship for a Partner to Migrate to Australia form via their ImmiAccount, linking it to the applicant’s application.
• Accuracy is Vital: Answer all questions honestly and accurately. Inconsistencies can lead to delays or refusal.
• Upload Documents: Scan and upload clear copies of all your supporting documents into the appropriate categories within ImmiAccount. Ensure files meet size and format requirements. Unlike some older systems, potentially referenced in guides like Schengen Family Visa Through Marriage | Stay in Europe with Your Spouse, Australia’s partner visa process is heavily reliant on this online platform.

Step 4: Paying the Visa Application Charge (VAC)

• Payment: The VAC must be paid at the time of application lodgement. This is a substantial fee (check the Department’s website for current costs, as they change regularly – it was over AUD $8,850 in early 2025 but verify independently).
• Methods: Payment is typically made online via credit card through ImmiAccount. Other methods like BPAY might be available. The application is not considered fully lodged until the fee is paid.

Step 5: Post-Lodgement Actions

• Acknowledgement: You will receive an acknowledgement notification confirming your application has been lodged and the VAC paid.
• Bridging Visa: If you held a substantive visa when you applied for the 820/801, you will typically be granted a Bridging Visa A (BVA). The BVA usually comes into effect only when your current substantive visa expires. The BVA allows you to remain lawfully in Australia while your 820 visa application is processed. Importantly, a BVA granted in relation to an 820 application usually carries full work rights, a significant benefit compared to waiting periods in some other countries before work authorisation is granted, like often seen post-entry with K-1 visas before AOS approval, but similar to the immediate rights detailed in the Canada Spousal Sponsorship & Job Guide: From Marriage to Work Permit for sponsored spouses arriving as PRs. If you need to travel outside Australia while on a BVA, you must apply for a Bridging Visa B (BVB) before you leave.
• Biometrics: You may be requested to provide biometrics (fingerprints and facial photograph) at an Australian Biometrics Collection Centre.
• Health Examinations: You will be required to undergo health examinations with a Bupa Medical Visa Services clinic in Australia (or another approved panel physician). You will typically receive instructions on how and when to book this after lodging your application.

Processing the Subclass 820 (Temporary) Visa

• Processing Times: Processing times for the Subclass 820 visa vary significantly based on application complexity, caseloads, and how well the application is prepared. Check the Department’s global visa processing times tool for current estimates, but be aware these are indicative only. Lodging a complete, ‘decision-ready’ application can help streamline processing.
• Request for Information (RFI): The Department may request further information or clarification during processing. Respond promptly and completely to any RFIs.
• Decision: You will be notified of the decision on your Subclass 820 visa application in writing. If granted, the notification will include your visa grant number, conditions, and validity period. You must be in Australia for the visa to be granted.

Table Insertion Point

Many people moving to Australia seek employment. While the Partner Visa provides work rights, understanding the broader job market can be useful. Here are examples of job categories available internationally, often with visa sponsorship possibilities in countries like Canada. These are unrelated to the Australian Partner Visa process itself.

Table 1: Service & Hospitality Roles Abroad

Front-line food service, retail, and hospitality positions with estimated USD salary ranges.

Table 2: Caregiving & Support Roles Abroad

Essential caregiving and support roles, often part-time or shift-based, with USD salary estimates.

Table 3: Manual Labour & Driving Roles Abroad

Hands-on and transport roles with hourly or annualized USD salary estimates.

Waiting for the Subclass 801 (Permanent) Visa Assessment

After the Subclass 820 visa is granted, there is a waiting period before the permanent Subclass 801 visa is assessed.

• Eligibility Date: You generally become eligible for the Department to assess your 801 visa two years after you initially lodged your combined 820/801 application.
• Submitting Further Evidence: As the eligibility date approaches, the Department will usually invite you to submit further evidence proving that your relationship with your sponsor is still genuine and continuing. This involves providing updated documents covering the four pillars (financial, household, social, commitment) for the period since your 820 visa was granted. You will also typically need to provide updated police certificates.
• Continued Demonstration: It’s crucial to continue documenting your shared life during the waiting period. Don’t assume that because the 820 was granted, the 801 is automatic. The long-term nature distinguishes it from potentially shorter-term arrangements seen in processes like How to Secure a UAE Spousal Residency Visa After Marriage.

Processing and Decision on the Subclass 801 (Permanent) Visa

• Assessment: Once you provide the requested documents for the 801 stage, the Department will assess your eligibility for the permanent visa.
• Processing Times: Processing times for the 801 stage also vary. Check the Department’s website for current estimates.
• Decision: You will be notified of the decision in writing. If granted, you become an Australian Permanent Resident, with the associated rights and entitlements. This final step solidifies the long-term commitment, a different outcome compared to the defined processes and requirements detailed in guides like the UK Marriage Visa Sponsorship | Income Thresholds & English Tests. If refused, the notification will state the reasons, and you may have review rights (appeal).

Costs Associated with the 820/801 Partner Visa

Applying for the Partner Visa is a significant financial undertaking. Key costs include:

• Visa Application Charge (VAC): This is the largest expense, payable upon lodging the combined 820/801 application (over AUD $8,850 in early 2025, but verify).
• Health Examinations: Costs vary but expect several hundred Australian dollars per applicant.
• Police Certificates: Fees vary depending on the country/issuing authority.
• Document Translations: If any documents are not in English, certified translations are required at cost.
• Migration Agent Fees (Optional): If you use a registered migration agent, their professional fees will be an additional cost.
• Sponsor’s Financial Stability: While Australia doesn’t have strict income thresholds like the UK, the sponsor undertakes financial obligations (‘Assurance of Support’ may sometimes be requested), implying a need for stable income, perhaps from roles like Administrative Officer Openings in Canada with Employer-Sponsored Visas or similar stable employment.

Common Pitfalls and Tips for Success

• Insufficient Relationship Evidence: This is the most common reason for refusal. Provide detailed, consistent evidence across all four pillars covering the duration of your relationship.
• Inconsistent Information: Ensure information provided in forms, statements, and by supporting witnesses is consistent.
• Not Meeting Health or Character: Address any potential health or character issues upfront if possible. Seek advice if you have concerns.
• Failing to Update the Department: Inform the Department of any significant changes in circumstances (address, contact details, birth of a child, relationship breakdown).
• Assuming 801 is Automatic: Actively prepare and submit strong evidence for the second stage assessment.
• Lodging a ‘Decision-Ready’ Application: Aim to provide all necessary documents and comprehensive evidence upfront to minimise delays and RFIs. Unlike pathways focused purely on business or skills, such as the Canada Start-Up Entrepreneur Visa | Launch Your Business & Settle, the partner visa hinges entirely on proving the relationship’s authenticity. Failure to do so, even if one holds skills relevant to roles like Meat Cutter Positions for Immigrants | Canada Visa Sponsorship, will result in refusal if the relationship evidence is weak.

Conclusion: Your Pathway to Permanence in Australia

The journey through the Australian Partner Visa (820/801) is a marathon, not a sprint. It requires patience, meticulous preparation, and above all, irrefutable evidence of a genuine and ongoing relationship. By understanding the two-stage process, diligently gathering comprehensive documents across the four pillars, lodging a well-prepared application via ImmiAccount, and promptly responding to any Department requests, you pave the way for a smoother transition to permanent residency. While the process demands significant effort and financial investment, successfully obtaining the Subclass 801 visa marks the culmination of your journey, allowing you and your partner to build your future together permanently in Australia.