Partner Visa 820 & 801

What is a Partner Visa Subclass 820 and 801?

If you are either an Australian permanent resident or citizen, or an eligible New Zealand citize, you are qualified to apply for the Partner visa 820. Partner visa 820 is a temporary visa, and securing it is the first step to attaining a permanent visa (subclass 801). It lets a de facto partner (unmarried but committed to a serious relationship) or spouse live in Australia on a temporary basis. With the Partner visa 820, you can have access to quality education, healthcare, and career opportunities in Australia. It can also pave the way to permanent residency which can include your dependent children. Note that you should be in Australia when you apply for the 820 partner visa.

Your length of stay as a temporary partner visa holder can extend up to 24 months or until your permanent visa application is finalised or otherwise withdrawn.

Benefits of Subclass 820/801 Partner Visa

Having a visa partner 820 gives you the following benefits and privileges:

• Reside and render work in Australia while your permanent visa is being processed
• Study in your chosen course of study and apply for scholarships for reduced fees
• Enrol in Medicare and receive healthcare services at low to no costs
• Travel to and from the country anytime, anywhere
• Apply your dependent children

If your substantive visa under subclass 801 was granted, expect the following benefits and privileges as well:

• Study in Australia with reduced fees
• Gain employment and even manage a business
• Receive Centrelink benefits for social security, such as childcare support and income subsidy
• Be eligible for the First Home Owner Grant if you buy your first house in Australia
• If your partner or dependents have low English proficiency level, they can enrol in the Adult Migration English Program and get 512 hours’ worth of free English lessons
• Your children who are under the age of 18 can study in public schools completely free of charge
• If they meet the requirements, you can sponsor other family members to Australia
• Lodge your application for Australian citizenship, provided you meet the eligibility requirements

Basic Eligibility Criteria for 820 Partner Visa

Needless to say, you need to fulfil some eligibility requirements first before being granted an appropriate visa. To be eligible for a partner 820 visa, you must meet the following criteria:

You Must be in a Committed Relationship

• You must be married to or in a committed relationship with an Australian or eligible New Zealand citizen, or a permanent resident Australian partner.
• You and your partner or spouse must both be of the legal age, which is 18 or older.
• If in a de facto relationship, you must have lived together for at least 12 months. Long distance relationships are typically not counted.

Your Partner Must be Eligible to Sponsor You

• Your sponsoring partner, or you, as the sponsored partner, must not have been sponsored by, or has sponsored, a different partner within the last five years.

You Must Hold a Substantive Visa

• You also need to be based in Australia and hold a substantive visa upon application for the 820 Partner visa. However, you might need to seek advice from experts if your visa has already expired. 

You Must Meet Health and Character Requirements

• You must be in excellent health. To prove this, you need to be examined by a healthcare professional and be issued a medical certificate confirming your good health.
• You must be of good moral character and have never had a history of criminal and unlawful activities.

Partner Visa 820 Checklist of Requirements

To make sure your partner visa application will be successful, you must prepare a checklist of requirements and submit them accordingly, including:

Eligibility Requirements: 

• Sponsorship requirements – Your partner must be an Australian citizen or permanent resident, or eligible New Zealand citizen
• Relationship requirements – Either married or in a de facto relationship (at least a year of living together unless qualified for exemption) 
• Health and character requirements – Police clearances and medical exams

Personal Documents: 

• Passport: You must submit electronically scanned copies of your passport pages showing your personal details and issue and expiry dates. 
• Birth Certificate: It must show the names of both your parents. If you cannot provide a valid birth certificate, you can instead submit supplementary identity evidence, namely:

• Family book
• Court- or government-issued identification documents

• Proof of name change: You must submit any of the following supporting evidence (where applicable): 

• Marriage Certificate
• Deed poll
• Statutory Declaration

• If married, a Marriage Certificate. If divorced or separated, Divorce Certificate or Separation papers.

Proof of Relationship and Cohabitation:

• Proof of cohabitation. This includes joint property ownership documents, utility bills with you and your partner’s names, joint lease agreements, and even photos of your home.
• Proof of joint finances. This includes joint bank account statements, mortgage payments, joint loan agreements, and utility bills with both your names, among others. 
• Form 80. It is a 19-page form on “Personal particulars for assessment including character assessment.”
• Form 888s. You must provide at least two Statutory Declarations from supporting witnesses who can confirm that you and your partner are, in fact, in a serious and committed relationship. 

Other Documents: 

Dependent documents, if included in the application. These are identity documents such as their birth certificates, parental consent if under 18, or proof of financial dependence on the applicant. 

Police clearances. You must secure police clearance for each country, if any, that you have lived in for a year or so for the last 10 years.

Health certificates. You must have a medical certificate signed by a qualified healthcare professional indicating you are in excellent health.

Application Fees and Processing Time for Partner Visa

Application fees and processing time for a partner visa can feel overwhelming. Here is your guide for the fees and time so you can plan ahead.

Application Fees:

Standard application fee costs AUD $9,365. For those who previously held a Prospective Marriage Visa (Subclass 300), a Partner visa will cost you AUD $1,560. Additional fees may apply if you are including dependents on your visa application.

Processing Time:

The estimated processing time is usually within 36 months for the majority of applications. However, waiting time could be shorter depending on circumstances such as:

• Total number of ongoing applications.
• Health, character, and security assessments.
• Your response to the immigration when asked for further details.
• Whether you have submitted all the required documents.

Bridging Visa While Waiting for 820 Visa

A Bridging Visa A (BVA) is a temporary visa that lets you stay in Australia legally while awaiting the approval of your subclass 820 partner visa. BVA is free and no extra charges apply. There’s also no standard processing time, but usually granted immediately after submitting a valid partner visa application. 

As to whether you can work or study on a Bridging visa, it depends on certain situations. You may be allowed to work, but depending on your individual visa conditions. If your bridging visa specifies not being allowed to work, you can apply for work rights under certain circumstances. 

You can also study in Australia while holding a BVA. However, you won’t have access to government-funded education support.

Common Mistakes for Partner Visa Rejection

Here are the most common mistakes for Partner Visa rejection you should avoid: 

1. Insufficient Relationship Evidence

One of the biggest reasons for rejection is not providing enough proof of a genuine relationship:

• Financial commitment (joint bank accounts, shared expenses)
• Social recognition (photos, travel records, messages)
• Household responsibilities (rental agreements, shared bills)
• Ongoing commitment (future plans, wills, or joint insurance)

2. Misunderstanding the De Facto Relationship Duration

If we’re applying as de facto partners, we must have lived together for at least 12 months before applying—long-distance relationships don’t count unless exceptional circumstances apply.

3. Incorrect or Incomplete Forms

Filling out the wrong form or leaving out required documents could mean an automatic rejection.

• We use Form 47SP (for the main applicant) and Form 40SP (for the sponsor).
• All details are consistent across documents.
• We submit two statutory declarations from Australian citizens or PRs vouching for our relationship.

4. Failing to Pay the Visa Application Fee

The visa application fee is a mandatory requirement. Missing this payment will mean our application won’t even be processed.

5. Not Meeting Schedule 3 Criteria (If Applicable)

If we don’t hold a substantive visa, we may have extra hurdles under Schedule 3 regulations. If this applies, we must show compelling reasons why we should still be granted the visa.

Why Apply For This Visa With Parish Patience?

Looking for a legal partner to help with visa processing and lodgement? Here’s why the Parish Patience team is a perfect fit for your immigration goals and needs.

In legal service since 1888

Trust a team of experienced legal professionals in a highly regarded Sydney-based law firm that’s in existence for well more than 135 years.

High visa success rates

Our client results speak for themselves. We’ve assisted thousands of visa applicants become full-fledged permanent residents and Australian citizens.

Client-first approach

Your goals and needs are front and centre of what we do. We will fight for your rights for whichever visa you are best suited for.

Transparent approach

No hidden fees or unethical practices. You will be working with an Australian immigration firm that values and practises transparency and integrity.