📋 In This Guide
- What is the Australia Partner visa (Subclass 820/801)?
- Who is eligible — applicant and sponsor requirements
- The two-stage process — 820 to 801 explained
- Relationship evidence — the most critical part of the application
- Documents required — full checklist
- Fees and total costs 2026
- Processing times 2026
- Special circumstances — family violence, death of sponsor, prospective marriage
- Common reasons for refusal and how to avoid them
- Frequently asked questions
- Conclusion and next steps
What Is the Australia Partner Visa (Subclass 820/801)?
The Australia Partner visa is the pathway to permanent residency for spouses and de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens — and both visas (the 820 temporary and the 801 permanent) are applied for at the same time in a single application. You do not need to apply separately for the 801 after the 820 is granted.
Many applicants arrive at this process believing the 820 and 801 are two separate applications that must be lodged at different times. They are not. You apply once, pay once, and the 820 temporary visa is granted first — giving you the right to live, work, and study in Australia. The 801 permanent visa is then assessed automatically after a 2-year waiting period from the date your application was lodged.
- Who can apply: Spouses and de facto partners (including same-sex couples) of Australian citizens, PRs, or eligible NZ citizens
- How it works: One application covers both the 820 (temporary) and 801 (permanent) — applied for and paid for at the same time
- What happens: The 820 temporary visa is granted first; after 2 years from the application lodgement date, the 801 permanent visa is assessed
- Fee: AUD $9,095 for the primary applicant — covers both visas, paid once
- Processing time: 75% of 820 applications: 17 months; 90%: 27 months
- No points test, no age limit, no occupation list required
De facto partners — including same-sex couples — qualify under identical rules to married couples, provided the de facto relationship has been ongoing for at least 12 months before applying (unless a registered relationship exists or compelling circumstances apply). This guide covers eligibility, relationship evidence requirements, fees, processing times, the path from 820 to 801 PR, and the most common refusal reasons. All fees, eligibility rules, and processing times are verified from immi.homeaffairs.gov.au — last reviewed April 2026.
Who Is Eligible — Applicant and Sponsor Requirements
Applicant eligibility
To apply for the Subclass 820/801 Partner visa, you must be the spouse or de facto partner of an eligible Australian sponsor. The specific requirements depend on your relationship type.
- Married applicants: your marriage must be legally valid — marriages conducted overseas are recognised if they were valid under the laws of the country where they took place. Include the marriage certificate and evidence of a genuine ceremony.
- De facto applicants: you must have been in a genuine de facto relationship with your partner for at least 12 months immediately before applying. This 12-month requirement can be waived if you have a registered relationship (registered under Australian state or territory law) or if there are compelling and compassionate circumstances.
- Same-sex couples: fully eligible — both married same-sex couples and same-sex de facto couples qualify under identical rules to opposite-sex couples.
- You must not be in a relationship with a close relative of your sponsor.
- Health and character requirements: a full medical examination by an approved panel physician and police clearance certificates from every country you have lived in for 12 months or more in the last 10 years are required.
Sponsor eligibility
| Sponsor must be | Condition |
|---|---|
| Australian citizen | No further conditions |
| Australian permanent resident | Must themselves be residing in Australia |
| Eligible New Zealand citizen | Must hold a Special Category visa (Subclass 444) and be usually resident in Australia |
| Age | Sponsor must be 18 years or older |
| Previous sponsor | A person can only sponsor 2 partners in total across their lifetime — a second sponsorship requires explicit Department approval before the application can proceed |
The Two-Stage Process — 820 to 801 Explained
The single most misunderstood feature of the partner visa is the relationship between the 820 and the 801. You lodge one application and pay one fee — this single application covers both visas. There is no second application to lodge at the 2-year mark.
Stage 1 — Subclass 820 granted: once your application is assessed as meeting the temporary visa criteria, the 820 is granted. This gives you the right to live, work, and study in Australia while the permanent stage is prepared.
Stage 2 — Subclass 801 assessed: after 2 years have passed from the date your application was lodged — not from the date the 820 was granted — the Department contacts you to submit updated relationship evidence. The 801 is then assessed on the basis of that updated evidence.
| Item | Detail |
|---|---|
| When the 2 years starts | From the date the application was lodged — not the date the 820 was granted |
| What happens at 2 years | Department contacts applicant to provide updated relationship evidence for the 801 assessment |
| Can you leave Australia during the 820 stage | Yes — the 820 allows multiple entries and exits from Australia |
| If the relationship breaks down during the 820 stage | The 801 cannot be granted; the 820 may also be cancelled. Special provisions exist for victims of family violence — see Section 8. |
| Exception — long-established relationships | If you have been in the relationship for 3 or more years (or 2 years with a dependent child) before the application date, the 801 may be assessed without the 2-year wait |
Relationship Evidence — The Most Critical Part of the Application
Weak relationship evidence is the single most common reason for partner visa refusal. The Department of Home Affairs assesses genuine relationship evidence across four official categories. You must provide evidence in all four — weakness in any single category raises suspicion even if the other three are strong. The AUD $9,095 fee is non-refundable whether the application is approved or refused.
Category 1 — Financial aspects of the relationship
This category demonstrates that both partners share financial lives and responsibilities. Strong evidence includes joint bank account statements showing regular transactions by both partners, joint loan or mortgage documents, joint ownership of assets such as a shared car or investment accounts, evidence that one partner financially supports the other through regular transfers, and joint insurance policies covering health, car, or home contents.
Category 2 — Nature of the household
This category demonstrates that both partners share a home and domestic life. Strong evidence includes a joint tenancy agreement or mortgage statement showing the same residential address for both partners, joint utility bills in both names at the same address, statutory declarations from both applicant and sponsor confirming they live together, and evidence of shared domestic responsibilities such as photos of the shared home and joint household purchases.
Category 3 — Social aspects of the relationship
This category demonstrates that the relationship is recognised socially by both partners and those around them. Strong evidence includes photographs together across different events and time periods with captions showing dates and locations, social media evidence such as tagged photos and public acknowledgement of the relationship, statutory declarations from at least two people who have personally witnessed the relationship (friends, family, colleagues), evidence of travel together including boarding passes and hotel bookings, and evidence the couple has met each other's families.
Category 4 — Commitment to each other
This category demonstrates that both partners are genuinely committed to a shared future. Strong evidence includes the marriage certificate plus genuine ceremony evidence if married, future planning documents such as joint lease agreements or property purchases, evidence of detailed knowledge of each other's personal circumstances through statutory declarations describing each other's backgrounds, families, health, and daily life, and for long-distance relationships: call logs, messaging app records, email histories, and travel records showing visits.
Documents Required — Full Checklist 2026
✅ Applicant documents
- Valid passport — and all previous passports if they contain entry/exit stamps relevant to the relationship history
- Passport-style photograph meeting Department of Home Affairs photo requirements
- Medical examination — completed by an approved panel physician; book at immi.homeaffairs.gov.au/health — results from any non-approved doctor are not accepted
- Police clearance certificates — from every country you have lived in for 12 months or more in the last 10 years, including your home country
- Birth certificate — if applicable for name change evidence or if children are included in the application
- Decree absolute / divorce certificate — required if either the applicant or sponsor was previously married; without this, the current relationship cannot be assessed as valid
✅ Sponsor documents
- Evidence of Australian citizenship — Australian passport or Australian citizenship certificate
- Evidence of Australian PR — current visa grant notice or ImmiCard (if PR, not citizen)
- Evidence of NZ Special Category visa (Subclass 444) — if the sponsor is an eligible NZ citizen
- Sponsor's birth certificate — if applicable
- Sponsor's divorce certificate — if previously married
- Sponsorship declaration — completed via ImmiAccount at time of application
✅ Relationship evidence documents
- Marriage certificate — if married; must be accompanied by a certified English translation if not in English
- Registered relationship certificate — if applicable, registered under Australian state or territory law
- De facto relationship statutory declaration — signed by both partners confirming the relationship
- Statutory declarations from witnesses — minimum 2 people who personally know the couple, each on a separate declaration
- Evidence across all four relationship categories — financial aspects, nature of the household, social aspects, and commitment (see Section 4 for full details)
Fees and Total Costs — Australia Partner Visa 2026
The AUD $9,095 primary applicant fee covers both the 820 and 801 visas and is paid once at the time of lodgement. It is entirely non-refundable whether the application is approved or refused. Additional costs beyond the headline visa fee are significant — budget carefully before applying.
| Fee item | Amount (2026) | Notes |
|---|---|---|
| Partner visa application fee — primary applicant | AUD $9,095 | Covers both 820 (temporary) and 801 (permanent) — paid once at application. Non-refundable. |
| Additional applicant fee — each secondary applicant aged 18+ | AUD $4,550 | For any adult dependants included in the application |
| Additional applicant fee — each secondary applicant under 18 | AUD $2,275 | For dependent children included in the application |
| Medical examination — per person | AUD $300–$450 | Must use an approved panel physician; cost varies by location. All included applicants require a medical. |
| Police clearance certificate — per country | AUD $30–$150 | Cost and processing time varies by country; Australian Federal Police check is approximately AUD $42 |
| Document translation — per document | AUD $50–$150 | Required for all documents not in English; must be by a NAATI-certified translator |
| Registered migration agent (optional but recommended) | AUD $2,500–$6,000+ | Not legally required but significantly reduces the risk of a costly refusal; costs vary by case complexity |
| Total estimated cost — couple only (no dependants) | AUD $10,000–$11,500+ | Visa fee + medicals + police checks + translations |
| Total estimated cost — family with 2 children | AUD $14,000–$16,000+ | Visa fee + additional applicant fees + medicals for all + police checks |
Processing Times — Australia Partner Visa 2026
| Stage | 75% of applications | 90% of applications |
|---|---|---|
| Subclass 820 — temporary visa | 17 months | 27 months |
| Subclass 801 — permanent visa | Assessed after 2 years from application lodgement date — additional processing of several months after the 2-year mark | |
Source: immi.homeaffairs.gov.au processing time data, April 2026.
Important processing notes
- Processing times run from when all required documents are submitted — not from the application lodgement date. Incomplete applications wait until all documents are received before substantive assessment begins.
- If you are outside Australia when the 820 is granted, you must enter Australia to activate the visa — it does not become effective until you first enter the country on it.
- The offshore equivalent: if you are applying from outside Australia, the equivalent visas are the Subclass 309 (temporary) and Subclass 100 (permanent). The Subclass 820/801 is specifically for applicants who are physically inside Australia at the time of lodgement.
- If your current visa expires before the 820 is granted, a Bridging Visa A is automatically granted — this allows you to remain lawfully in Australia and work full-time while the 820 is being processed.
- Respond promptly to any requests for further information — processing pauses when the Department requests additional documents and only restarts when you respond.
Special Circumstances — Family Violence, Death of Sponsor, and Prospective Marriage
Family violence provisions
If the relationship breaks down because of family violence committed by the Australian sponsor, the applicant may still be eligible to be granted the 801 permanent visa. This protection exists specifically so that victims of family violence are not forced to remain in a violent relationship to maintain their immigration status.
Evidence of family violence that the Department accepts includes intervention orders, police reports, medical records, statutory declarations from medical professionals or support workers, and decisions from family violence courts. If you are in this situation, seek immediate support from 1800RESPECT (1800 737 732) and legal advice from a MARA-registered migration agent — do not simply abandon the visa application without professional advice first.
Death of the sponsor
If the sponsoring partner dies after the application is lodged but before the 801 is granted, the applicant may still be eligible to be granted the permanent visa, provided the relationship was genuine and continuing at the time of the sponsor's death. Contact the Department of Home Affairs immediately if this occurs — do not allow the application to lapse without seeking advice.
Prospective marriage pathway (Subclass 300)
If you are not yet married but are engaged to an Australian citizen, you can apply for a Subclass 300 Prospective Marriage visa. This allows you to enter Australia, get married, and then apply to transition to the 820/801 Partner visa. You must marry within 9 months of the Subclass 300 being granted — if you do not marry within this period, the 300 expires and you must leave Australia.
Common Reasons for Refusal — and How to Avoid Them
A refused partner visa costs the applicant the full AUD $9,095 fee with no refund. Work through every item below before lodging.
| Refusal reason | How to avoid it |
|---|---|
| Relationship not considered genuine — evidence thin or staged | Submit evidence across all four categories spanning the full history of the relationship — not just recent months. The Department looks for consistent, organic evidence over time. A minimum of 3–5 strong items per category is the practical standard used by registered migration agents. |
| De facto relationship less than 12 months at time of application | Do not apply until the de facto relationship has been ongoing for 12 months — unless you have a registered relationship or compelling circumstances. Applications lodged before 12 months without a registered relationship are refused at the eligibility stage. |
| Medical examination from non-approved panel physician | Only panel physicians listed at immi.homeaffairs.gov.au/health are accepted. Results from any other doctor are treated as if no medical was submitted. Book with an approved physician before lodging your application. |
| Police clearance from wrong countries or missing entirely | Provide police certificates from every country you have lived in for 12 months or more in the last 10 years — not just your home country. Countries are checked against your travel history and passport stamps. |
| Sponsor previously sponsored a partner — not declared | Always declare all previous sponsorships — the Department checks the full application history. Non-disclosure is treated as deliberate deception and results in refusal and a ban. A second sponsorship requires prior Departmental approval before the application can proceed. |
| Updated relationship evidence not provided at 801 stage | When the Department contacts you at the 2-year mark requesting updated evidence, respond promptly and comprehensively. Evidence from the original application alone is not sufficient — the 801 assessment requires current evidence showing the relationship is genuine and continuing at that point. |
| Previous marriage not evidenced as legally dissolved | If either the applicant or sponsor was previously married, include the decree absolute or official divorce certificate. A previous marriage that cannot be proved to be legally dissolved makes the current relationship ineligible as a matter of law. |
Frequently Asked Questions
Yes — once the Subclass 820 temporary partner visa is granted, you have full rights to work and study in Australia with no restrictions. While the 820 is still being processed and your current visa expires, a Bridging Visa A is automatically granted, which also allows you to work full-time in Australia without interruption.
Yes — dependent children under 18 can be included as secondary applicants. Each child pays a separate additional applicant fee of AUD $2,275. Children included in your application receive the same visa grant — a temporary 820 and then a permanent 801 — alongside you. Children who turn 18 during the processing period may need to make a separate application.
The Subclass 820/801 is for applicants who are physically inside Australia at the time they lodge the application. The Subclass 309 (temporary) / Subclass 100 (permanent) offshore partner visa is for applicants who are outside Australia when they apply. The eligibility requirements and relationship evidence standards are identical — only the location at time of lodgement differs.
The Department of Home Affairs does not specify a minimum number of documents — but weak evidence is the most common reason for refusal. You should provide substantial evidence across all four official categories: financial aspects, nature of the household, social aspects, and commitment. The practical standard used by registered migration agents is a minimum of 3–5 strong items per category, with evidence spanning the full duration of the relationship — not just recent months.
If the relationship genuinely ends after the 820 is granted, the 801 permanent visa cannot be granted — the relationship must be genuine and continuing at the time of the 801 assessment. The 820 may also be cancelled in this circumstance. The only exception is if the relationship broke down due to family violence committed by the sponsor — in that case the 801 may still be granted under the family violence provisions described in Section 8.
In most cases yes — you can apply for the Subclass 820/801 while in Australia on a tourist visa (Subclass 600), provided you are lawfully in Australia at the time of lodgement. However, if you entered Australia as a genuine visitor and applied for a partner visa shortly after arrival, the Department may scrutinise whether your original visitor visa entry was made in good faith. If you have been in Australia on a tourist visa for an extended period, seek advice from a MARA-registered migration agent before applying.
Yes — the pathway is: Subclass 820 (temporary partner visa) → Subclass 801 (permanent partner visa / PR) → Australian citizenship by conferral. After receiving the 801 permanent visa, you must hold PR for at least 4 years — including at least 1 year as a permanent resident — and meet the residence requirement before applying for citizenship. The residence requirement is physical presence in Australia for at least 4 years, including at least 1 year as a permanent resident, in the 4 years before applying.
Conclusion and Next Steps
Three things to carry forward from this guide. First: apply for both the 820 and 801 in one application and pay once — there is no separate second application at the 2-year mark. Second: relationship evidence across all four categories spanning the full history of the relationship is the most critical element of any partner visa application — not the fee, not the form. Third: the AUD $9,095 fee is entirely non-refundable, so a thorough, well-evidenced application is essential before lodging.
Partner visa applications are among the most evidence-intensive Australian visa applications. If your relationship evidence is limited, your situation involves a previous relationship, a significant age gap, a short history, or any complexity, a MARA-registered migration agent significantly reduces the risk of a costly refusal at the first attempt. Find a registered agent at mara.gov.au.
All fees and processing times in this guide are verified from immi.homeaffairs.gov.au — April 2026. Fees are reviewed annually — always verify current figures before paying.
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