Onshore Partner Visa (Subclass 820/801) — Apply From Within Australia
The Onshore Partner Visa (Subclass 820/801) allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia permanently. This visa is for applicants who are in Australia at the time of application and consists of two stages: the temporary Subclass 820 visa followed by the permanent Subclass 801 visa.
At VisaTasker, our MARA-registered migration agents specialise in partner visa applications and understand the emotional and practical complexities involved in reuniting couples and families.
How the Onshore Partner Visa Works
The Subclass 820/801 is a two-stage visa that you apply for simultaneously but which is assessed in two phases.
Stage 1: Temporary Partner Visa (Subclass 820)
The Subclass 820 is assessed first. If granted, it allows you to remain in Australia while your permanent visa application is being processed. With the Subclass 820, you can live and work in Australia, access Medicare, study in Australia, and travel to and from Australia (with a travel facility). You must be in Australia when this visa is both applied for and granted.
Stage 2: Permanent Partner Visa (Subclass 801)
The Subclass 801 is typically assessed approximately two years after the date of your initial application. This waiting period allows the Department of Home Affairs to verify that your relationship is genuine and ongoing. If your relationship has been registered or you have been in a de facto relationship for three or more years at the time of application, you may be eligible for immediate processing of the Subclass 801 without the two-year waiting period.
Eligibility Requirements
Relationship Requirements
You must be the married spouse or de facto partner of your sponsoring partner. Your relationship must be genuine and continuing, meaning you are committed to a shared life together to the exclusion of all others. Evidence of a genuine relationship typically includes financial aspects (joint bank accounts, shared expenses, joint assets or liabilities), the nature of the household (living together, sharing household responsibilities), social aspects (recognition by friends, family, and community as a couple), and the nature of your commitment to each other (future plans, length of relationship, knowledge of each other’s circumstances).
Sponsor Requirements
Your sponsoring partner must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. They must be at least 18 years old and can generally only sponsor two partners in their lifetime (with certain exceptions). Sponsors must also pass character checks.
General Requirements
Applicants must meet health and character requirements, be in Australia at the time of application and when the Subclass 820 is granted, and not have any outstanding debts to the Australian Government.
Onshore (820/801) vs Offshore (309/100) Partner Visa
The key difference between the onshore and offshore partner visa pathways is where you must be when you apply and when the visa is granted. The Subclass 820/801 (onshore) requires you to be in Australia at the time of application and when the temporary visa is granted. The Subclass 309/100 (offshore) requires you to be outside Australia when you apply and when the temporary visa is granted. Both pathways lead to permanent residency and have similar evidentiary requirements. VisaTasker can advise you on which pathway is best suited to your circumstances.
What Evidence Do You Need?
Partner visa applications require substantial evidence demonstrating that your relationship is genuine. The Department of Home Affairs looks at four key areas of evidence.
Financial evidence: Joint bank account statements, shared bills and utilities, joint leases or mortgage documents, shared insurance policies, and evidence of financial dependence or interdependence.
Household evidence: Joint tenancy agreements, shared address on official documents, evidence of shared household duties, and statutory declarations from people who have visited your shared home.
Social evidence: Joint invitations to events, photographs together over time, travel together, joint memberships, and statutory declarations from friends and family who know you as a couple.
Commitment evidence: Communication records, future plans together (property purchases, planned children, joint investments), knowledge of each other’s personal circumstances, and the length and nature of your relationship history.
Processing Times
Partner visa processing times can vary significantly. The Subclass 820 (temporary) visa is typically processed within 12 to 24 months from the date of application, though times can vary. Once the temporary visa is granted, the Subclass 801 (permanent) visa is usually assessed approximately two years after the initial application date. During the processing period, if you held a valid visa when you applied, you will be granted a Bridging Visa that allows you to remain in Australia with work rights.
How VisaTasker Helps with Partner Visa Applications
Partner visa applications are among the most evidence-intensive visa types. Getting the application right the first time is critical, as refusals can be costly and time-consuming to appeal. VisaTasker provides comprehensive partner visa assistance including initial eligibility assessment and pathway advice, document checklist tailored to your circumstances, evidence compilation and organisation, statutory declaration preparation, form completion and application lodgement, ongoing case management and communication with the Department, and preparation for the Subclass 801 stage assessment.
Frequently Asked Questions
Can I work in Australia while waiting for my partner visa?
Yes. If you held a valid visa with work rights when you applied, your Bridging Visa will typically include work rights. Once the Subclass 820 is granted, you have full work rights in Australia.
What if my relationship breaks down during processing?
If your relationship ends before the Subclass 801 is assessed, you may still be eligible for the permanent visa in limited circumstances, such as if there is family violence or if there are dependent children of the relationship.
Do I need to be living together?
While living together strengthens your application, it is not an absolute requirement. You will need to explain why you are not living together and provide evidence that the relationship is still genuine and continuing despite living apart.
How much does the partner visa cost?
The government application charge for the Subclass 820/801 partner visa is one of the highest of any Australian visa. Additional costs may include health examinations, police clearances, translation of documents, and professional migration agent fees. Contact VisaTasker for a detailed cost breakdown.
Start Your Partner Visa Application
Navigating the partner visa process requires careful preparation and thorough documentation. VisaTasker’s experienced MARA-registered migration agents have helped many couples successfully reunite in Australia. Contact us today for a confidential consultation to discuss your partner visa application.
