Partner Visa Subclass 820 and 801: The Complete 2026 Guide (Process, Cost and Processing Times)
The Subclass 820 partner visa is the onshore temporary stage of Australia’s two-step partner visa. The Subclass 801 is the permanent stage that follows. You apply for both at the same time, pay one Department application charge, and wait. As of May 2026, that charge is AUD $9,365 for the primary applicant and the temporary stage is taking, on the Department’s own figures, about 17 months for half of all applicants to be decided.
That is the short version. The longer version, which is what this guide covers, is where the careful preparation pays off. Most refusals we see are not because the relationship is unconvincing. They are because evidence was thin in one of the four mandatory categories, or because the sponsor application was treated as a tick-box exercise rather than the legal undertaking it actually is.
This is a guide for couples planning to lodge an onshore partner visa in 2026, or considering it. We cover eligibility, the application charge, processing times, the four pillars of evidence, the Bridging Visa A you receive on lodgement, the family violence provisions that protect applicants whose relationships end, and the common errors that delay or sink applications.
How the Subclass 820 and 801 fit together
The Subclass 820 (temporary) and Subclass 801 (permanent) are a single application processed in two stages. You lodge once. You pay once. The Department assesses the 820 first, then revisits the file roughly two years later to decide the 801.
The 820 lets you stay in Australia lawfully while the Department assesses your application. Once granted, it remains in effect indefinitely until the 801 decision. The 801 grants permanent residence.
There is one important nuance. Where the couple has been in a long-term relationship at the time of lodgement (typically three years or more, or two years if there is a child of the relationship), the 801 can be decided at the same time as or shortly after the 820. Most couples do not meet this threshold and will wait the standard two years between the 820 lodgement and the 801 decision.
For a deeper walk-through of the documentation side, our team has covered the most overlooked part of a partner visa application: the sponsor’s own paperwork, and we recommend reading that alongside this guide.
Who is eligible to apply for a Subclass 820
You must be in Australia when you lodge the application and when the 820 is decided. You must also be in a genuine, ongoing, exclusive relationship with an eligible sponsor. The Department recognises three relationship pathways:
- Married. A legally valid marriage recognised under Australian law. Foreign marriages are generally recognised if they were valid in the country where they took place.
- De facto. You must have been living together in a de facto relationship for at least 12 months immediately before lodgement, unless an exception applies.
- Registered relationship. Registering your relationship under a prescribed state or territory law (NSW, Victoria, Queensland, ACT, Tasmania, or South Australia) waives the 12-month de facto rule. Registration under Western Australia’s scheme is not recognised for migration purposes, and the Northern Territory has no registration scheme.
Same-sex couples have equal access to the partner visa pathway. The Marriage Amendment (Definition and Religious Freedoms) Act 2017 brought same-sex marriages into the same legal category as opposite-sex marriages, and de facto and registered relationship pathways have applied equally for far longer.
Your sponsor must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. They must usually be 18 or older. Their sponsorship has to be approved before your visa can be granted, even if the rest of your application is strong.
Sponsorship limits that catch people out
A sponsor cannot have approved more than two partner sponsorships in their lifetime, and they generally cannot lodge a fresh partner sponsorship within five years of a previous one. The five-year window runs from the date the earlier application was lodged, not the date it was decided.
Compelling and compassionate circumstances can sometimes waive both limits. A child of the new relationship is the most common ground, but a deceased previous partner, or a previous sponsorship made before the sponsor was an adult, are also recognised. These are case-by-case decisions and not safe to assume in advance.
Cost of the Subclass 820 in 2026
The current base application charge for the primary Subclass 820 applicant is AUD $9,365, as set out on the Department of Home Affairs visa pricing schedule and the official visa pricing estimator{:target=”_blank” rel=”noopener noreferrer”}. This single fee covers both stages of the application. There is no second Department charge when the 801 is decided.
The charge increases for additional applicants included in the application:
- A secondary applicant aged 18 or over attracts an additional charge of around half the primary charge.
- A secondary applicant under 18 attracts a smaller additional charge.
A 1.4% surcharge applies to credit card payments made online, which adds roughly AUD $131 to a $9,365 charge for the primary applicant on its own.
The application charge is one part of the cost. You will also pay for:
- Health examinations at a Department-approved panel physician (typically AUD $400 to $600 per adult).
- Police clearance certificates from every country in which you have lived for 12 or more months in the past 10 years.
- Translations of any documents not in English, into English by a NAATI-certified translator.
- Professional fees if you engage a migration lawyer or agent.
Visa fees and charges are reviewed annually, with most increases taking effect on 1 July. The figures in this article are current as of 21 May 2026, and you should always confirm them on immi.gov.au’s current visa pricing page{:target=”_blank” rel=”noopener noreferrer”} before paying.
Subclass 820 processing times in 2026
The Department updates its Global visa processing times page{:target=”_blank” rel=”noopener noreferrer”} monthly. As of May 2026, the figures for the Subclass 820 are:
- 50% of applications decided within 17 months
- 90% of applications decided within 24 months
These are statistical bands across the entire cohort. A well-prepared file with strong evidence and no character or health complications tends to land closer to the median. Applications with missing evidence, character flags, or sponsor-side delays sit closer to the 90% mark or beyond it.
The 801 stage is generally decided about two years after the 820 was lodged, but the Department reviews relationship evidence again at that point. You will be asked to provide updated documents and a fresh statement before the permanent grant.
We have covered the bigger picture of Australian partner visa processing times in 2026 and what affects them in a dedicated post if you want to understand the cohort data more deeply.
The four pillars of relationship evidence
The Migration Regulations 1994 require the Department to consider four categories of evidence when deciding whether a couple is in a genuine, exclusive, ongoing relationship. These are the four pillars, and they apply to married, de facto, and registered relationships alike.
The framework comes from Regulation 1.09A of the Migration Regulations 1994{:target=”_blank” rel=”noopener noreferrer”}, which sets out exactly what factors the Department must consider for a de facto relationship. Department policy applies the same four-pillar framework to married applicants.
1. Financial aspects
The Department looks at how you share money. Joint bank accounts, joint liabilities (mortgages, loans, leases), shared utility bills, joint insurance policies, and any pooling of financial resources towards major commitments.
You do not need every account to be joint. You do need to show that your finances are intertwined in ways that go beyond living in the same house and splitting rent.
2. Nature of the household
How you live together. Tenancy or mortgage documents in both names. Mail addressed to each of you at the same address. Joint responsibility for children or pets. Statements (yours and supporting witnesses’) describing how household tasks and bills are managed.
This pillar matters even when one partner travels frequently for work or has a separate study address. Explain the arrangement directly. Do not leave it to the case officer to infer.
3. Social aspects
How your relationship is seen by the people around you. Photos at family and social events, joint travel records, joint participation in sporting or community groups, statutory declarations from at least two Australian citizens or permanent residents (Form 888) describing the relationship from the outside, and evidence that you present as a couple publicly.
4. Nature of commitment
The intangibles, evidenced concretely. Length of the relationship, exclusivity, plans for the future, awareness of each other’s family and personal history, evidence of emotional reliance during difficult periods (illness, death in the family, job loss).
A common error is to over-invest in the financial pillar and treat the commitment pillar as an afterthought. The decision maker is not approving a contract. They are deciding whether two people are a couple. Each pillar carries weight.
For a closer look at how to organise this material, our earlier guide on organising and presenting partner visa evidence walks through the document-by-document logic.
What happens after you lodge
Lodgement is online through ImmiAccount. Once your application is correctly lodged, three things tend to happen quickly.
First, you are granted a Bridging Visa A (BVA). The BVA is automatic on lodgement of an onshore 820 by a substantive visa holder. You do not lodge a separate BVA application. While your current substantive visa is in effect, the BVA stays inactive. When the substantive visa expires, the BVA activates and lets you remain in Australia lawfully until the 820 is decided.
The BVA generally permits work and study. It does not permit travel. To leave Australia and return without abandoning your application, you would need a Bridging Visa B (BVB), which is a separate application with a separate fee. We have explained the full bridging visa landscape in our guide to bridging visas in Australia.
Second, you will be asked to complete health examinations and provide police certificates. Most applicants do this proactively at the point of lodgement to avoid a request later.
Third, you wait. The Department may request further documents at any point. Respond within the time limit given, and respond completely.
Switching from a Visitor visa to a Subclass 820
Many couples come to us already on a Subclass 600 Visitor visa, asking whether they can lodge a partner visa from inside Australia. The answer depends on the conditions attached to the visitor visa.
If the visitor visa has condition 8503 (No Further Stay) attached, an onshore Subclass 820 application is not permitted unless the condition is waived. Condition 8503 waivers are granted in narrow circumstances only. Separately, from 1 July 2024 the Department restricted certain onshore visa hopping pathways. Those rules mainly target student visa holders moving onshore to other temporary visas and do not block partner applications generally, but they can affect specific bridging combinations, which we cover in our post on Australia’s visa hopping rules.
If you are on a Visitor visa and unsure, get advice before paying any application charge. A refused or invalid 820 lodgement does not refund the fee.
Health and character checks
Both stages of the partner visa require health and character clearance. The 820 stage usually involves:
- A general medical examination at a Department-approved panel physician
- A chest X-ray
- Blood tests where required (HIV testing is standard for applicants aged 15 and over)
- Additional examinations if there is a medical history that warrants them
The character requirement is met through police certificates. You need a certificate from every country in which you have lived for 12 months or more in the past 10 years. Certificates have a shelf life (generally 12 months) and may need to be refreshed if the application drags.
Health disclosures are particularly sensitive. We have written a detailed post on why accurate health information is critical in a partner visa application and what happens when applicants under-disclose a known condition.
What happens at the Subclass 801 stage
Around two years after lodgement, the Department will reopen the file to decide the 801. You will receive a request for updated evidence. The relationship needs to still be genuine, ongoing and exclusive at the time of the 801 decision.
Typical updated evidence includes:
- Fresh joint financial documents (last 12 months of joint bank statements, utilities, liabilities)
- Updated household evidence (tenancy or mortgage renewals, joint mail)
- Two or more Form 888 statutory declarations dated within the recent months
- An updated relationship statement from each partner
- Updated police certificates and, in some cases, a fresh health examination
The 801 is a permanent visa. Once granted, it does not need to be renewed. The visa holder is then on the same standing as any other Australian permanent resident in terms of work, study, Medicare and most government services.
If your relationship ends after the 820 is granted
This is one of the most asked-about scenarios. The general rule is that if your relationship breaks down before the 801 is decided, the 801 cannot be granted because the relationship test is no longer met. There are exceptions.
The family violence provisions
If the relationship has ended because of family violence committed by the sponsoring partner, you may be able to continue with the 801. This is the “family violence provisions” framework in the Migration Regulations, and it exists so that applicants do not feel forced to remain in an abusive relationship to keep their pathway to permanent residence.
The applicant must show:
- The relationship with the sponsor was genuine and ongoing at the time the visa application was lodged
- The applicant or a member of the family unit experienced “relevant family violence” perpetrated by the sponsor
- The family violence occurred during the relationship
“Relevant family violence” is defined as conduct, actual or threatened, that causes the alleged victim to reasonably fear for, or be reasonably apprehensive about, their own wellbeing or safety, or that of their family.
Evidence can be presented through judicially determined claims (court orders such as an apprehended violence order, family violence order or a criminal conviction) or through non-judicially determined claims (statutory declaration by the applicant plus reports from “competent persons” defined in the regulations, such as registered psychologists, social workers, medical practitioners and certain specialist family violence professionals).
The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 expanded protections, including to certain offshore Subclass 309 and 100 applicants. Our team has discussed these reforms in our earlier coverage of support for visa holders experiencing domestic and family violence.
If you are in this situation, you should not navigate it alone. Speak with a migration lawyer and a family violence support service.
Other exceptions where the relationship has ended
Two other recognised exceptions exist:
- Death of the sponsor. Where the sponsor has died and the applicant can show the relationship would otherwise have continued, and the applicant has developed close ties to Australia, the 801 can be decided.
- Shared child. Where there is a child of the relationship for whom there are residence, contact or maintenance obligations between the parties, the 801 may be granted even where the couple has separated.
Common reasons partner visas are delayed or refused
The most common reasons we see, in roughly the order they show up in caseloads:
- Thin or uneven evidence across the four pillars. Strong financial evidence does not rescue weak social evidence.
- Sponsor application not lodged or not approved. The sponsor application is a separate decision and must be approved before the visa can be granted.
- Form 888 statutory declarations from supporters who do not personally know enough about the relationship to make a credible statement.
- Health examinations or police certificates left until late, expiring before the 801 stage.
- Lodging an onshore 820 in breach of a “no further stay” condition without first obtaining a waiver.
- Sponsor sponsorship limits triggered by a previous partner application made in the last five years.
- Inaccurate disclosure of past visa refusals or criminal history.
Each of these is fixable when caught early. Most become hard to recover from once the application has been refused.
Should you engage a lawyer for an 820 application
You do not have to. Many applicants prepare partner visa applications themselves, and many succeed. The cases that benefit most from legal involvement are the ones where:
- One partner has a complex visa history (refusals, cancellations, character flags)
- The relationship is short and the registration pathway is needed
- The sponsor has previously sponsored another partner
- Health disclosure is sensitive
- The relationship has ended and family violence provisions are being considered
- An onshore lodgement is being made from a Visitor visa or another temporary visa with conditions
Our team handles partner visa applications nationally from our offices in Sydney and Melbourne. You can read more about our partner and family migration service or contact us about your own circumstances.
Frequently asked questions
How long does the Subclass 820 take in 2026?
About 17 months for half of all applicants and 24 months for 90% of applicants, on the Department’s May 2026 Global Visa Processing Times data. Well-prepared applications without character or health complications tend to land in the lower band.
Can I work in Australia while waiting for my Subclass 820?
In most cases, yes. The Bridging Visa A granted on lodgement of an onshore 820 generally allows work. The conditions are tied to the substantive visa you held at lodgement and may carry over. Always check your BVA conditions on VEVO.
How much is the partner visa fee in 2026?
AUD $9,365 for the primary applicant, current as at 21 May 2026. A surcharge of 1.4% applies to credit card payments. Additional charges apply for secondary applicants and dependent children. Confirm the current charge on immi.gov.au before paying.
Can I include my children in the application?
Yes. Dependent children can be included in the partner visa application. New children born after lodgement can be added before the 801 decision.
What happens if my relationship ends before the 801?
Generally, the 801 cannot be granted. The exceptions are family violence committed by the sponsor, death of the sponsor, or a shared child of the relationship with ongoing obligations. Each exception has its own evidence requirements, and you should get legal advice before responding to the Department in any of these scenarios.
A realistic next step
If you are planning a Subclass 820 application, the realistic next step is to map your evidence against the four pillars before you pay anything. Identify the gaps. Decide whether to register the relationship if you are short of the 12-month de facto period. Confirm the sponsor’s eligibility and history. Then decide whether your situation is one of the straightforward ones or one of the situations where professional help is worth the investment.
If you want a second opinion before lodging, you can book a consultation with our migration lawyers and we will assess your eligibility and the evidence on file.
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About the author: Tina Nematian is the Principal Lawyer at One Planet Migration Law. She is admitted as an Australian Legal Practitioner, and has guided clients through partner, skilled, employer-sponsored, student, and humanitarian visa applications across Australia.
Visa fees, processing times and policy in this article were current as of 21 May 2026. Always check immi.gov.au before lodging.
This article is general information only and does not constitute legal or migration advice. Visa rules change frequently and outcomes depend on individual circumstances. Speak with a registered migration lawyer or agent before making any application.
