IMMIGRATION BLOG

820 Visa Australia

October, 2026
Myer Lipschitz

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The Partner Visa Subclass 820 allows a person in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia temporarily while waiting for permanent residency. It provides a direct pathway to the permanent Partner Visa (Subclass 801), giving couples the chance to build their life together in Australia. This visa suits those already in Australia who want to stay legally with their partner during the transition to permanent status.

Applying for the 820 visa involves proving the authenticity of the relationship through evidence such as joint financial commitments, shared living arrangements, and ongoing emotional support. The process requires careful preparation, as incomplete or inconsistent documentation can delay or jeopardise approval.

Understanding the eligibility rules, required documents, and how the temporary stage leads to permanent residency helps applicants approach the process with confidence and accuracy. By knowing what to expect, couples can focus on meeting the visa requirements rather than worrying about uncertainty.

Key Takeaways

  • The 820 visa allows partners of Australians to live in Australia while awaiting permanent residency.
  • Strong evidence of a genuine relationship is essential for a successful application.
  • Careful planning and documentation improve the chances of a smooth visa process.

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Eligibility Criteria

Applicants must demonstrate a genuine and ongoing relationship with an eligible Australian partner, meet sponsorship conditions, and satisfy health and character standards. Each requirement supports the integrity of the Partner Visa program and ensures applicants can live safely and lawfully in Australia.

Relationship Requirements

To qualify for the Subclass 820 Partner Visa, the applicant must be in a married or de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. The relationship must be genuine, continuing, and mutually committed.

Evidence may include:

  • Joint financial records (bank statements, shared bills)
  • Shared living arrangements (lease, correspondence showing the same address)
  • Social recognition (photos, statements from friends or family)
  • Commitment evidence (joint travel, long-term plans)

De facto partners generally must have lived together for at least 12 months before applying, unless there are compelling circumstances such as having a child together or registration of the relationship under state or territory law. The Department of Home Affairs assesses the relationship across financial, household, social, and commitment factors.

Sponsor Requirements

The sponsor must be the applicant’s Australian partner, aged 18 years or older, and either an Australian citizen, permanent resident, or eligible New Zealand citizen. A sponsor can support only two partner visa applications in their lifetime, with at least five years between sponsorships.

Sponsors must provide police checks and consent to the Department sharing relevant information with the applicant. They must also demonstrate the capacity to support the applicant financially and provide accommodation for the initial period of stay.

If the sponsor has previously sponsored another partner or been sponsored themselves, additional scrutiny may apply. The Department may refuse sponsorship if the sponsor has certain criminal convictions or fails to meet character standards.

Health and Character Requirements

Applicants and any dependent family members must meet health and character requirements to ensure they do not pose risks to the Australian community.

Health checks usually include a medical examination, chest X-ray, and HIV test, depending on age and medical history. Applicants must use panel physicians approved by the Australian Government.

Character requirements involve obtaining police clearance certificates from every country where the applicant has lived for 12 months or more in the past 10 years. The Department assesses any criminal history or past visa compliance issues.

Failure to meet these requirements can result in visa refusal, even if relationship and sponsorship conditions are satisfied.

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Required Documents

Applicants must provide evidence that confirms their identity, genuine relationship, and their sponsor’s eligibility to support the application. Each document must be current, accurate, and, where necessary, translated into English by a certified translator.

Personal Identification

Applicants need to submit clear proof of identity. This usually includes a valid passport, birth certificate, and national identity card (if applicable). Each document must display the applicant’s full name, date of birth, and nationality.

Certified copies are acceptable, but originals may be requested during processing. If the applicant has changed their name, official change of name documents such as a deed poll or marriage certificate must also be included.

A recent passport-sized photograph that meets Australian immigration photo standards is required. Applicants must also provide evidence of lawful stay in Australia, such as a current visa grant notice or immigration status record.

Proof of Relationship

The Department of Home Affairs requires substantial evidence that the relationship is genuine and ongoing. Applicants should include marriage certificates or registered relationship documents if applicable.

For de facto partners, proof that the couple has lived together for at least 12 months is essential. Acceptable evidence includes joint lease agreements, shared utility bills, and joint bank account statements.

Additional supporting materials, such as photos together, travel records, and written statements describing the relationship history, can strengthen the application. Each partner must also provide Form 888 or similar statutory declarations from friends or family who can confirm the authenticity of the relationship.

Sponsor Documentation

The sponsor, who must be an Australian citizen, permanent resident, or eligible New Zealand citizen, must provide documents confirming their status. This includes a passport, citizenship certificate, or evidence of permanent residency.

Sponsors must also submit Form 40SP (Sponsorship for a Partner to Migrate to Australia) and provide personal identification such as a birth certificate or driver’s licence.

If the sponsor has previously sponsored another partner, details of that sponsorship must be disclosed. Financial evidence, such as employment records or tax documents, may be requested to confirm the sponsor’s capacity to support the applicant.

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Application Process

Applying for the Subclass 820 Partner Visa requires careful preparation, correct documentation, and an understanding of visa conditions. Applicants must complete the online form, pay the required fee, and provide evidence of a genuine relationship and lawful stay in Australia.

Lodging the Application

Applicants must lodge the Subclass 820 visa online through the Department of Home Affairs (ImmiAccount). The application includes both the temporary (820) and permanent (801) stages, though the 801 stage is assessed later.

Before applying, the applicant must already be in Australia and hold a valid visa that allows onshore application. They must also be in a genuine and continuing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.

Supporting documents should include:

  • Identity evidence (passport, birth certificate)
  • Relationship proof (joint bills, photos, statements)
  • Character documents (police checks)
  • Health assessments if requested

It is important to submit all documents in English or with certified translations. Incomplete or inconsistent evidence can delay processing. Applicants can attach additional information later if requested by the Department.

Fees and Charges

The application fee for the 820/801 visa package is paid at the time of submission and covers both stages. As of 2025, the base charge is approximately AUD 8,850, though fees may change annually.

Additional charges apply for dependent children or family members included in the same application. Payment must be made online via credit card or other accepted methods through ImmiAccount.

Applicants may also incur extra costs for:

  • Health examinations
  • Police certificates
  • Document translations

The Department does not refund the application fee if the visa is refused or withdrawn. Applicants should confirm all costs before submission to avoid unexpected expenses.

Bridging Visa Information

When an applicant lodges the 820 visa while holding a valid visa, they are usually granted a Bridging Visa A (BVA). This bridging visa allows them to stay lawfully in Australia while the 820 application is processed.

The BVA typically activates when the current visa expires. It usually includes work rights and study rights, depending on the applicant’s previous visa conditions.

If the applicant needs to travel outside Australia before the 820 visa is granted, they must apply for a Bridging Visa B (BVB), which permits travel and re-entry. Failure to obtain a BVB before leaving Australia can result in the 820 application being considered withdrawn.

820 visa

820 Visa Processing Times and Stages

Processing the Partner Visa (subclass 820) involves a structured assessment of eligibility, documentation, and relationship evidence. The timeframe varies depending on each applicant’s circumstances, document quality, and Department of Home Affairs workload.

Assessment Steps

The subclass 820 visa follows a two-stage onshore process. Applicants first apply for the temporary 820 visa, which allows them to stay in Australia while the permanent subclass 801 visa is later assessed.

The Department of Home Affairs reviews eligibility, relationship evidence, and compliance with visa conditions. Officers verify identity documents, health and character checks, and proof of a genuine and continuing relationship.

Applicants may receive requests for further information if documentation is incomplete. Providing complete and accurate evidence early can help prevent delays.
Common supporting materials include:

  • Form 888 declarations
  • Joint financial records (bank statements, leases)
  • Shared commitments such as bills or joint travel
  • Personal statements outlining the relationship history

Once approved, the 820 visa grants temporary residence, work, and study rights until the 801 stage is finalised.

Typical Timeframes

Processing times vary and are updated monthly by the Department of Home Affairs. Recent public data shows that most 820 visa applications are finalised within approximately 12 to 24 months.

The timeframe depends on factors such as application completeness, whether the applicant holds a substantive visa, and the time taken to provide requested information.
Applications with thorough supporting evidence and clear documentation often progress faster.

Processing StageAverage TimeframeNotes
Subclass 820 (Temporary)12–24 monthsMay extend if additional checks required
Subclass 801 (Permanent)12–18 months after 820Depends on relationship duration and eligibility

Holding a valid bridging visa allows the applicant to remain lawfully in Australia while waiting for a decision.

Rights and Conditions of the 820 Visa

The Subclass 820 Partner Visa grants temporary residence in Australia while the permanent Partner Visa (Subclass 801) is processed. Holders can live, work, and study in Australia and must comply with visa conditions, maintain a genuine relationship, and follow Australian laws.

Work Rights

Holders of the 820 Visa have full work rights in Australia. They can work for any employer, in any occupation, and are not restricted to a specific job or industry. This flexibility helps visa holders support themselves financially while awaiting permanent residency.

Employers must still follow Australian employment laws, including minimum wage and workplace conditions. The visa holder has the same workplace protections as any Australian employee under the Fair Work Act 2009.

Some may need to provide a Tax File Number (TFN) to their employer and ensure tax obligations are met. Access to public sector roles or security-sensitive positions may still require Australian citizenship or permanent residency, depending on the employer’s requirements.

Maintaining lawful employment also supports the integrity of the visa application, as consistent income and stability can demonstrate genuine settlement intentions in Australia.

Study Rights

The 820 Visa allows holders to study in Australia without restriction. They may enrol in full-time or part-time courses at universities, vocational colleges, or English language schools. However, they are generally not eligible for government-subsidised tuition under the Higher Education Loan Program (HELP) or other student loan schemes.

Visa holders must pay international student fees, which vary by institution and course type. Some may choose shorter or flexible study options to balance work and family responsibilities while awaiting the permanent visa decision.

Access to public education for dependent children depends on the state or territory. In some areas, school fees may apply to children of temporary visa holders. It is advisable to confirm costs and enrolment conditions with local education authorities.

Travel Permissions

While holding the 820 Visa, applicants can travel freely in and out of Australia. The visa includes multiple travel rights, meaning holders can leave and re-enter the country as often as needed while the visa remains valid.

Travel flexibility supports family visits, work trips, or personal travel abroad. However, visa holders must ensure their visa remains active and that they are in Australia when applying for the permanent Partner Visa (Subclass 801).

If the visa expires while overseas, re-entry may not be possible without a new visa. Keeping travel records and contact details updated with the Department of Home Affairs helps prevent delays or communication issues during the processing period.

Pathway to Permanent Residency

Applicants who hold a Subclass 820 visa can progress to permanent residency once they meet specific eligibility requirements. The process focuses on verifying the ongoing, genuine nature of the relationship and ensuring the applicant continues to meet health, character, and sponsorship conditions.

Transition to Subclass 801 Visa

The Subclass 801 Partner Visa represents the permanent stage of the onshore partner visa process. Applicants typically become eligible for assessment about two years after lodging the combined 820/801 application.

To qualify, they must continue to live in a genuine and ongoing relationship with their sponsoring partner, who must remain an Australian citizen, permanent resident, or eligible New Zealand citizen. Evidence such as joint financial commitments, shared living arrangements, and social recognition of the relationship supports the application.

The Department of Home Affairs may request updated documents or conduct further checks before granting the permanent visa. In certain cases, such as long-term relationships or where children are involved, the permanent stage may be granted sooner.

Once approved, the Subclass 801 visa removes time limits on stay and provides full access to work, study, and Medicare benefits in Australia.

Long-Term Residency Benefits

Holding the Subclass 801 visa grants the same rights and responsibilities as other permanent residents. The visa holder can live, work, and study in Australia indefinitely and sponsor eligible family members for migration.

They also gain access to social security benefits after meeting residency waiting periods and can travel freely in and out of Australia for five years from the date of grant. After this period, a Resident Return Visa may be required for further travel.

Permanent residency also opens a pathway to Australian citizenship, provided the applicant meets residence and character requirements. This stability allows couples to plan long-term goals such as home ownership, education, and family development within Australia.

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Common Reasons for Refusal

Many 820 visa refusals occur because applicants miss required evidence or fail to meet eligibility criteria under Australian migration law. Accuracy, honesty, and complete documentation are critical to avoid delays or rejection.

Incomplete Documentation

The Department of Home Affairs often refuses applications that lack key supporting evidence. Missing identity papers, incomplete relationship statements, or expired police checks can lead to immediate refusal.

Applicants must provide certified copies of all identity documents, including passports and birth certificates. Evidence of a genuine relationship—such as joint financial records, shared leases, and communication history—must be consistent and up to date.

Even minor errors, such as unsigned forms or mismatched dates, can raise doubts about authenticity. It is essential that applicants review all uploaded documents before submission.

A simple checklist can help:

Document TypeCommon IssueResult
Identity proofMissing certificationApplication deemed invalid
Relationship evidenceInsufficient or inconsistentRelationship questioned
Character checksExpired or absentRefusal under character grounds

Ineligible Relationships

The 820 visa requires that partners be in a genuine and continuing relationship. The Department assesses this through financial, social, household, and commitment factors.

Applications often fail when couples cannot demonstrate shared life arrangements or when evidence suggests the relationship exists mainly for migration purposes. For example, short-term relationships without cohabitation or limited contact history may raise red flags.

Applicants must also meet legal requirements for partnership status. If one partner is still legally married to another person, or if the relationship has not existed for a sufficient period, the visa can be refused.

Providing consistent, verifiable evidence—such as joint bills, travel records, and statements from friends or family—strengthens credibility and reduces the risk of refusal.

Recent Changes and Updates

From 1 July 2025, several updates took effect for the Subclass 820 Partner Visa to improve flexibility and reduce processing delays. Applicants no longer need to be physically in Australia at the time of visa grant, allowing for more adaptable processing arrangements.

The Department of Home Affairs also introduced streamlined procedures to simplify documentation requirements. These adjustments aim to support couples who may lack traditional evidence of their relationship but can demonstrate genuine commitment through other means.

Application fees increased in July 2025 across partner visa subclasses, including the 820/801 and 309/100 streams. The revised charges reflect broader immigration program adjustments for the new financial year.

Key updates include:

  • Greater flexibility in visa grant location (onshore or offshore)
  • Enhanced processing efficiency to reduce waiting times
  • Updated guidance on relationship evidence and eligibility
  • Continued recognition of family violence provisions to protect applicants
Change AreaDescriptionEffective Date
Visa Grant LocationApplicants can be in or outside Australia when granted1 July 2025
Application FeesIncreased across partner visa subclasses1 July 2025
DocumentationSimplified evidence requirements for genuine relationships2025
ProcessingStreamlined to reduce delays2025

These updates reflect the government’s ongoing effort to make the partner visa process more accessible and efficient while maintaining integrity and fairness in decision-making.

Take Your First Steps To

Migrate to Australia

Our immigration lawyers and registered migration agents in Melbourne will be able to find you the best visa for your unique situation. Fill out a FREE Preliminary Evaluation to assess your eligibility to immigrate.

Looking to join your partner in Australia? Check out these helpful guides to understand your options: the Partner Visas in Australia overview, the onshore 820 Visa and 801 Visa pathway, the offshore 309 Visa and 100 Visa route, and the 300 Visa for engaged couples. These resources will help you choose the right visa for your relationship and migration goals.

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ABOUT THE AUTHOR

Myer Lipschitz

Myer Lipschitz was born in Johannesburg and is a graduate of the University of the Witwatersrand. In 1985 he was conferred the degree Bachelor of Laws. Myer completed his Articles of Clerkship with Ivor Trackman, Attorneys and was admitted as an Attorney to the Supreme Court of South Africa in 1988. Myer immigrated to New Zealand in 1989 and was admitted to practice law in New Zealand as a Barrister and Solicitor of the High Court of New Zealand...

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