Subclass 820 Partner Visa – Temporary Partner Visa (Onshore)


If you are in Australia and in a genuine relationship with an Australian citizen, Australian permanent resident, or Eligible New Zealand Citizen, the Subclass 820 Partner Visa allows you to remain onshore and start your pathway to permanent residency.

The process can feel overwhelming — but at Via Migration, we specialise in making it clear, supportive, and as stress-free as possible. Here's everything you need to know about the 820 Partner Visa journey.


What is the Partner Visa 820?

The Subclass 820 Partner Visa is a temporary partner visa subclass that allows you to stay in Australia while awaiting the decision on your permanent Partner Visa 801 application — which grants you permanent residency. This transition from a temporary visa to a permanent visa is crucial for those seeking to stay indefinitely in Australia and potentially pursue citizenship.

The Subclass 820 Partner visa offers full work rights, study rights, and access to Medicare. It’s a critical first step for couples building a life together in Australia.

When you apply for the 820 Partner visa, you are automatically applying for the permanent partner visa 801 visa at the same time, even though they are assessed separately.

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Who Can Apply for the Subclass 820 Partner Visa?

To apply for the Partner Visa 820, you must:

  • Be in Australia at the time of application.

  • Be in a genuine and ongoing relationship with your sponsoring partner.

  • Be either legally married or in a de facto relationship.

  • Be sponsored by an Australian citizen, permanent resident, or Eligible New Zealand Citizen.

  • Meet health and character requirements.

Married vs De Facto Couples

  • Married couples must have a legally valid marriage under Australian law.

  • De facto couples must usually show 12 months of living together, unless exceptional circumstances apply (or have a registered relationship).

In some cases, compelling and compassionate circumstances can waive the 12-month de facto partnership requirement.

De facto and married applicants both need to provide evidence covering financial aspects, household arrangements, social recognition, and mutual commitment.

Sponsorship Requirements

Your sponsor must:

  • Be at least 18 years of age.

  • Be Australian Citizen, permanent resident or Eligible New Zealand Citizen.

  • Submit a sponsorship application (Form 40SP lodged online through ImmiAccount).

  • Commit to providing accommodation and financial support for you for two years.

  • Pass character checks — if the sponsor has a significant criminal history (e.g., violence, child offences), special waivers or refusals may apply.

There are lifetime limits: a sponsor can only sponsor two partners in their lifetime, and generally must wait five years between sponsorships unless there are compelling reasons, such as having children together or a deceased previous partner. You can read more about sponsorship requirements here.

What Documents Are Needed?

Building a strong case requires submitting all required documents, including:

  • Identity documents (passport, birth certificates)

  • Proof of your relationship (joint leases, bills, bank accounts)

  • Police checks for every country you’ve lived in for 12+ months

  • Health checks

  • Form 888 from family and friends

  • Marriage certificate or proof of de facto relationship (relationship registration certificate)

Incomplete or inconsistent documentation is one of the main reasons applications get delayed or refused.

At Via Migration, we guide you on the right evidence to submit and how to structure it for maximum clarity.

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How Much Does a Subclass 820 Partner Visa Cost?

The government Visa Application Charge (VAC) is currently (June 2025):

  • AUD 9,095 for the primary applicant.

  • Additional fees apply for dependents.

This fee covers both the Subclass 820 Partner Visa and the 801 Partner Visa application lodged together. You can read more about the costs related to the Partner visas here.

Applicants are also responsible for additional expenses related to required evidence, including police certificates, health checks, and biometrics. Migration agent fees depend on the circumstances of the applicant and sponsor, and how complicated the case is. You can enquire about our pricing in the Free Partner Visa Assessment meeting.

Special Cases: Schedule 3 Criteria

If you do not currently hold a substantive visa when applying (for example, you overstayed a tourist visa), you must meet additional Schedule 3 requirements.

Schedule 3 exists to discourage people from becoming unlawful in Australia and then applying for a visa. However, you may be able to seek a waiver of Schedule 3 if you can show compelling reasons, such as:

  • Shared children with your sponsor

  • Medical issues

It is crucial to hold a substantive visa at the time of application lodgement, especially for onshore visa subclasses 820/801, to avoid the need to meet the high threshold of Schedule 3 criteria.

This is a highly technical area, and getting it wrong can lead to refusal. Via Migration specialises in strong submissions to waive Schedule 3 when necessary.

Step-by-Step Subclass 820 Partner Visa Process

  1. Initial Consultation: Via Migration assesses your eligibility and creates a strategy.

  2. Evidence Gathering: We work closely with you to collect the strongest relationship evidence.

  3. Application Lodgement: Your 820/801 application and your sponsor’s application are lodged together.

    It is crucial to meet specific criteria related to the temporary visa application, including compliance with visa conditions and the inclusion of dependents if applicable.

  4. Bridging Visa Grant: If you are already in Australia, you will usually be granted a Bridging Visa A to remain lawfully while your 820 is processed.

  5. Subclass 820 Visa Assessment: The Department processes the temporary partner visa first.

  6. Temporary Visa Grant: Once approved, you stay in Australia on the temporary subclass 820 partner visa until eligible for the 801 permanent partner visa.

How Long Does the 820 Visa Take to Process?

According to current (June 2025) Department of Home Affairs data:

  • 50% of Partner Visa 820 applications are processed within 14 months.

  • 90% are processed within 26 months.

Processing times can be faster for decision-ready applications. That’s why working with an experienced migration agent is so important. Seeking professional immigration advice can help ensure a smooth application process by providing expert guidance tailored to your individual circumstances.

What Happens After the 820 Visa is Granted?

After your Subclass 820 Partner Visa is granted, you can:

  • Stay in Australia indefinitely while awaiting the permanent partner visa subclass 801 decision

  • Work and study without restriction

  • Enrol in Medicare (you can do this already when you have submitted your Partner visa application)

  • Travel in and out of Australia freely (check Bridging Visa conditions if travelling before the temporary partner visa grant)

Approximately two years after your initial lodgement, you’ll be invited to provide updated evidence to support your permanent Partner Visa subclass 801 application. Once the 801 Visa is granted, you can stay in Australia permanently.

Common Mistakes to Avoid

  • Submitting insufficient evidence of the relationship

  • Waiting too long to apply for police clearances or medicals

  • Travelling overseas without understanding the Bridging Visa conditions

  • Assuming de facto means “dating for 12 months” without living together

  • Ignoring Schedule 3 issues for unlawful applicants

  • Not understanding the implications of having a visa cancelled on your eligibility for the Partner visa subclass 820

A mistake could cost you thousands of dollars or risk visa refusal. Via Migration ensures your application is complete and strategic from the start.

Frequently Asked Questions about Subclass 820 Partner Visa

Q: Can I include my children in the Partner Visa 820 application?

A: Yes, dependent children can be included as secondary applicants. Extra fees apply.

Q: What are the requirements for including a dependent child in the Partner Visa 820 application?

A: To include a dependent child in your Partner Visa 820 application, the child must meet certain eligibility criteria, including health and character assessments and be in Australia at the time of lodgement. The child must be dependent on you or your partner.

Q: What if my relationship ends after I apply?

A: Depending on your situation (such as family violence or child custody), you may still be eligible for the visa. You can read more about it here.

Q: Can I travel while waiting for the 820 decision?

A: You may need to apply for a Bridging Visa B if you want to travel and return while your 820 is processing.

Q: What if my sponsor has a criminal record?

A: Serious offences, especially related to violence or children, can affect sponsorship approval. Each case must be assessed individually.

How Via Migration Helps You Succeed

The Partner Visa 820 is a big emotional and financial commitment. Getting it right the first time gives you peace of mind and keeps you on track toward permanent residency.

Via Migration offers:

  • Detailed eligibility assessments

  • Tailored document checklists

  • Professional preparation of your visa and sponsorship forms

  • Expert Schedule 3 waiver submissions

  • Health Waiver submissions

  • Ongoing support while your application is processing

Book a consultation today and take the first confident step toward your future together in Australia.