| The Subclass 820/801 is the onshore Australian partner visa pathway for spouses and de facto partners of Australian citizens, permanent residents and eligible New Zealand citizens. Applicants must be in Australia at lodgement. The combined application charge is approximately AUD $9,365 (verify against Home Affairs before applying). Median processing for the temporary Subclass 820 stage is approximately 16 months, with 90% of applications decided within 24 months as of early 2026. The permanent Subclass 801 is assessed roughly two years after the original lodgement date — no separate application or fee is required. |
Two operational shifts have changed how the Department of Home Affairs is processing partner visa applications this year, and both raise the cost of a weak application. This guide covers what the Subclass 820/801 is, who can apply, what it costs, how long it takes, what evidence the Department now expects at lodgement, and where applications most commonly fall over in 2026.
What has changed in 2026 for partner visa applicants
Trend towards decision-ready applications
The Department now prefers applications to be decision-ready at lodgement. In practical terms, every required document — identity, as much relationship evidence as possible, sponsor character, health and police clearances — should be uploaded at the point of lodgement. It is, however, necessary to keep providing fresh evidence of your relationship, even after the application has been lodged. Some case officers will issue only one request for further information (RFI) before deciding the application on the file in front of them.
Relationship consistency under closer review
Case officers are paying more attention to inconsistencies between the applicant’s and sponsor’s respective accounts of how the relationship developed. Dates that do not reconcile across statements, social media records and supporting declarations might be treated as adverse credibility signals, rather than minor errors.
Both these changes mean that even more work goes into the file before it is lodged, to avoid requests after.
Who can apply for the Subclass 820/801
| You qualify for the Subclass 820 if you are in Australia, you are the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen, you hold a substantive visa or a bridging visa not affected by a Section 48 bar, and you meet health, character and identity requirements. |
To qualify for the Subclass 820, you must:
- Be in Australia at the time of application and at the time of decision
- Be the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen
- Hold a substantive visa, or a bridging visa, not affected by a Section 48 bar, or be able to meet schedule 3 requirements (strong reasons why the application should be approved, such as a child born of the couple or one partner has serious health issues;
- Meet health, character and identity requirements
- Demonstrate a genuine and continuing relationship
Australian migration law treats married, de facto and same-sex relationships equally. The same evidentiary standards apply across all three.
The 12-month de facto rule and registration option
De facto applicants must present clear evidence of 12 months of cohabitation before lodging. This requirement can be waived where the couple has registered their relationship with an Australian state or territory relationship register — available in New South Wales, Victoria, Queensland, Tasmania, ACT and South Australia. The waiver does not apply automatically; it must be triggered by formal registration either before or after lodgement, preferably before.
Comparison Table — 820 vs 309 vs 300
| Feature | Subclass 820 (Onshore) | Subclass 309 (Offshore) | Subclass 300 (Prospective Marriage) |
|---|---|---|---|
| Location at application | In Australia | Outside Australia | Outside Australia |
| Relationship status required | Married or de facto | Married or de facto | Engaged, not yet married |
| Base application charge (2026) | ~AUD $9,365 | ~AUD $9,365 | ~AUD $9,365 |
| Bridging visa included on lodgement | Yes (BVA) | No | No |
| Work rights while waiting | Full (no cap) | None until the grant | None until the grant |
| Medicare access while waiting | Yes (via BVA) | No | No |
| Median temp-stage processing (2026) | ~16 months | ~14 months | ~17 months |
| Path to permanent residency | Via 801 (~2 years later) | Via 100 (~2 years later) | Must marry, then lodge 820/801 |
| Reduced fee path available | Yes — from 300 (~$1,560) | No | No |
The application path from lodgement to permanent residency
The 820/801 is a two-stage process lodged as a single application. Here is what happens from start to finish:
- Eligibility assessment and document collection. Before lodging, you build the evidence file across the four pillars, gather identity and character documents, and book medical examinations.
- Combined application lodgement via ImmiAccount. You lodge the 820 and 801 together and pay the single combined fee. The sponsor lodges a separate sponsorship application.
- Granting of Bridging Visa A. A BVA is granted automatically once your current substantive visa expires, allowing you to live, work and study in Australia while waiting for a decision. Medicare access is available once the 820n application is lodged, even before going on a BVA.
- Decision on Temporary Subclass 820 eligibility. A case officer reviews the file. If approved, the 820 visa is granted and replaces your bridging visa.
- Assessment of Permanent Subclass 801 eligibility. Two years after your original lodgement date, the 801 can be lodged. You need to provide updated evidence that the relationship is still genuine and continuing. If the relationship satisfies the requirements, the 801 is granted, and you become a permanent resident.This can take another 9 – 12 months. The full cycle is around 3 years from lodgement of the 820 to the approval of the 801.
In some cases — long-term relationships, of around 5 years, at the time of original application, or relationships of about 3 years, where there is a child born of the couple— the 801 can be granted at the same time as the 820 is granted. However, there is no guarantee of the 801 grant at the same time even in these circumstances.
Costs and fees in 2026
| The base visa application charge for the primary applicant is approximately AUD $9,365 from 1 July 2025 to 30 June 2026. The fee covers both the 820 and 801 stages — no separate fee at the permanent stage. Additional charges apply for secondary applicants and dependent children. Verify the current charge on the Home Affairs website before lodging — fees increase each 1 July. |
The Subclass 820/801 carries one of the highest application fees in the Australian migration programme. Other costs to budget for:
- Health examinations: approximately $300 to $500 per person
- Police clearances: $50 to $200 per country lived in for 12 months or more
- NAATI-accredited document translations: $30 to $80 per page.
Once paid, the lodgmenty fee is non-refundable, even if the visa is withdrawn or refused.
Reduced fee path: Applicants who previously held a Subclass 300 Prospective Marriage Visa pay a substantially reduced fee — approximately AUD $1,560 — because the main charge was paid at the 300 stage.
Processing times — what to expect
The Department of Home Affairs publishes percentile processing data rather than averages. Based on early 2026 figures:
- Subclass 820 (Temporary): 50% decided within approximately 16 months; 90% within 24 months
- Subclass 801 (Permanent): 50% decided within approximately 8 months from eligibility; 90% within 26 months
Real-world timing depends on case complexity, country of citizenship, the strength of relationship evidence. The single biggest factor within an applicant’s control is the quality of the application at lodgement and supporting documents lodged after lodgment.
The four pillars of relationship evidence
Migration Regulation 1.15A requires the Department to assess four aspects of the relationship. A decision-ready application addresses each one with documented evidence, not just verbal statements.
- Financial aspects. Joint bank statements, shared loans or credit, joint utility bills, evidence of shared expenses, and any joint property or investments.
- Nature of the household. Shared residential address records (lease, council rates, utility bills in both names), evidence of shared domestic arrangements and the division of household responsibilities.
- Social aspects. Form 888 statutory declarations from Australian citizens or permanent residents who know both parties as a couple, joint event records, photos with friends and family across an extended period, and travel records together.
- Nature of commitment. Written statements from both partners covering the development of the relationship, future plans and the level of mutual commitment, supported by evidence such as wills, beneficiary nominations, and shared long-term financial arrangements.
A common error is producing a heavy volume of photos without supporting evidence across the other three pillars. The evidence weight should be balanced across all four.
Why some partner visa applications get refused — and how to prevent it
The most common refusal grounds in 2026:
- Relationship evidence is weighted too heavily toward one pillar (often social) and is thin on the other three
- Inconsistencies between applicant statements, sponsor statements and supporting declarations
- Form 888 declarations that are short, generic, or written by people who cannot actually attest to the relationship in detail
- Sponsor character issues that were not addressed proactively in the application
- Health condition findings without an adequately argued health waiver, where applicable
- Lodging while a Section 48 bar applies after a previous onshore refusal and a weak schedule 3 submission;
- Character issues especially on the part of the visa applicant;
- If the 820 application is refused on medical grounds, the applicant can lodge a health waiver, arguing what benefit they are or their partner bring to Australia, such as highly skilled, benefit to Australian economy etc
Refusal at the application stage triggers review rights at the Administrative Review Tribunal, with current waits of 18 to 24 months.
When to engage a MARA-registered migration agent
You are not legally required to use a migration agent for a partner visa application. If you do, it must be a registered agent listed with the Office of the Migration Agents Registration Authority (OMARA) holding a current Migration Agents Registration Number (MARN). Offering immigration assistance for a fee without a current MARN is unlawful.
Engaging a MARA-registered agent is effective where:
- Gets the application right and in accordance with the Department’s expectations, as the underlying regulations are more likely to be met
- Either party has prior visa refusals, cancellations or character issues
- A Section 48 bar may apply
- The relationship has periods of separation that need careful documentation
- One partner has dependants from a previous relationship
- Health waivers may need to be sought
- English is not the first language of either applicant
Next step: book an eligibility assessment
If you are weighing up the onshore partner visa path, the first step is an honest review of your eligibility, the strength of your evidence and any risk factors specific to your case. Our MARA-registered, friendlyu team can review your circumstances and give you a plan for a clear path forward.
Book a Partner Visa Consultation
Disclaimer: This article is general information current at the date shown and does not constitute migration or legal advice for your individual circumstances. Visa rules change frequently, and decisions are made solely by the Australian Department of Home Affairs. We do not guarantee any visa outcome. For advice tailored to your situation, book a consultation with a MARA-registered migration agent. You can verify any agent’s registration on the Office of the Migration Agents Registration Authority website.
FAQ Section (7 questions)
Q1. Can I work in Australia while my Subclass 820 application is being processed?
Yes. Only once your substantive visa expires, your Bridging Visa A activates automatically, giving you full work rights with no cap on hours, study rights and Medicare access. These rights continue until the 820 is decided. If you had work rights on your visa you held at time of lodging the same will continue until the Bridging Visa A activates and thereafter there is no restriction on work rights;
Q2. Can I leave Australia while waiting for my 820 to be decided?
Not on the Bridging Visa A. To travel overseas during processing while holding a bridging visa A, you need to apply for and be granted a Bridging Visa B (BVB) before you depart Australia. If you depart Australia on a Bridging Visa A, you will need to apply for a visitor visa to return to Australia and this means that you will not be allowed to work for 3 months while on the visitor visa. The bridging visa can be re-activated on your return but won’t come into effect until the vsisitor visa expires (usually 3 months)
Q3. What happens if my Subclass 820 is refused?
You have the right to apply for merits review at the Administrative Review Tribunal (ART) within 28 days of the refusal. ART review currently takes 18 to 24 months. If you remain in Australia during review and your bridging visa remains active, and you can continue to work and access Medicare during that period.
Q4. Do I need a registered relationship to apply as a de facto partner?
If you clearly have at least 12 months of de facto cohabitation evidence (living together under the same roof) before lodgement, then no need to register your relationship but if you do not have this evidence, then you need to register your relationship. Please note that in WA and NT, it is not possible to register a relationship, in which case, getting married may be your best option.
Q5. Can my sponsor have sponsored someone else before?
Yes, but with limitations. A sponsor can generally sponsor a partner only twice in a lifetime, with at least five years between lodging the first sponsorship to the second. Exceptions exist for the death of a previous partner. Sponsor character is also assessed, and serious convictions — particularly against children — can lead to refusal.
Q6. What is the difference between the Subclass 820 and the Subclass 309?
The 820 is the onshore pathway, lodged while the applicant is in Australia. The 309 is the offshore pathway, lodged while the applicant is outside Australia. Both lead to permanent residency (801 and 100, respectively). The 820 includes the Bridging Visa A advantage; the 309 does not.
Q7. Can the permanent Subclass 801 be granted at the same time as the 820?
In limited cases, yes. If the relationship has been in place for a long duration (generally five years or more, or two years with a dependent child) at the time of original lodgement, the case officer can grant both stages together without the standard two-year wait.
