Onshore Partner Visa (Subclass 820/801): Your Path to Permanent Residency in Australia

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At Leading Edge Migration, we know that migrating to Australia is more than a visa application—it’s the beginning of your life together. As a trusted migration agency in Perth, Western Australia, our experienced team specialises in preparing partner visa applications that are clear, compelling, and “decision-ready.”

If you are currently in Australia on a valid temporary visa and want to remain with your Australian partner, the Subclass 820/801 Partner Visa pathway offers a direct route to permanent residency in Australia. We help simplify complex relationship histories, ensuring your application meets all Department of Home Affairs requirements while maximising your chances of approval.

Choose Leading Edge Migration for expert guidance on Australian partner visas, onshore visa applications, and permanent residency pathways—so you can focus on building your future together.

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Overview of the Onshore Partner Visa (820/801)

The Onshore Partner Visa is designed for the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. Unlike the offshore (309/100) stream, this visa requires the applicant to be physically present in Australia at the time of lodgement.

This visa is a "combined" application, meaning you apply for both the temporary (820) and permanent (801) visas at the same time for a single fee. It provides the security of remaining in Australia with your partner while your permanent residency is processed.

 

The Two-Stage Journey: Temporary to Permanent

The Australian migration system treats partner visas as a two-stage process to ensure the longevity and authenticity of the relationship.

Stage 1: Subclass 820 (Temporary)

Upon lodgement, you are typically granted a Bridging Visa, which allows you to stay in Australia lawfully. Once the Subclass 820 is granted, you have the right to work, study, and access Medicare. This visa remains valid until a decision is made on your permanent visa.

Stage 2: Subclass 801 (Permanent)

Usually, two years after the initial 820/801 application was lodged, the Department of Home Affairs (DHA) will invite you to provide "Stage 2" evidence. This is to confirm the relationship is still genuine and continuing. Once granted, you become an Australian Permanent Resident.

Expert Insight: If you have been in a "long-term relationship" (typically 3+ years, or 2+ years if there is a child of the relationship), the Department may grant the Subclass 801 immediately after the 820, skipping the two-year wait.

 

Eligibility Criteria for Applicants and Sponsors

To qualify for the 820/801 visa in 2026, you must meet the following core requirements:

The Applicant:

• Location: Must be in Australia at the time of application.

• Relationship: Must be the spouse (married) or de facto partner of an eligible sponsor.

• Age: Generally 18 years or older.

• Health & Character: Must pass medical examinations and provide police clearances for every country lived in for 12+ months over the last 10 years.

The Sponsor:

• Status: Must be an Australian citizen, permanent resident, or eligible New Zealand citizen.

• Limitations: A sponsor can generally only sponsor two partners in their lifetime, with a 5-year gap between sponsorships.

• Character: Sponsors must also provide police clearances to ensure they meet the "character" requirements for sponsorship.

 

The 12-Month Rule and Relationship Registration

If you are applying as a de facto partner, the Department generally requires proof that you have lived with your partner for at least 12 months immediately prior to lodgement.

 

Can the 12-Month Rule be Waived?

Yes. At Leading Edge Migration, we often assist couples who haven't yet reached the 12-month milestone by:

• Relationship Registration: If you live in a state like NSW, QLD, or VIC, registering your relationship with the Registry of Births, Deaths and Marriages can legally waive the 12-month cohabitation requirement.

• Compelling Circumstances: Such as having a child together.

 

The Four Pillars of Evidence: Proving Your Relationship

The Department does not just take your word for it. You must "prove" your love through four specific categories of documentation.

1. Financial -

• Joint bank statements,

• Shared bills,

• Joint lease/mortgage,

• Being beneficiaries of each other's superannuation.

 

2. Household -

• Shared mail to the same address,

• Joint responsibility for children,

• Statements on how you divide chores.

 

3. Social -

• Photos together,

• Joint invitations, evidence of travel together,

• Form 888 statements from friends/family.

 

4. Commitment -

• Knowledge of each other's personal background,

• Length of the relationship,

• Future plans and wills.​

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Schedule 3 Requirements: When You Don't Hold a Substantive Visa

If your current visa has expired or you are on a Bridging Visa when you apply for the 820, you may be subject to Schedule 3 criteria. This is a complex legal barrier that requires you to prove "compelling and compassionate reasons" for the visa to be granted.

Do not attempt a Schedule 3 application alone. Leading Edge Migration specialises in drafting the legal submissions necessary to overcome these hurdles.

 

Bridging Visas: Working and Living While You Wait

When you lodge an onshore application, you are usually granted a Bridging Visa A (BVA).

• Work Rights: In 2026, most 820 applicants receive full work rights on their BVA.

• Travel: If you need to travel overseas while waiting, you must apply for a Bridging Visa B (BVB) to ensure you can return to Australia.

 

The Step-by-Step Application Process

1. Strategic Consultation: We assess your relationship and visa history.

2. Document Collection: We provide a secure portal for you to upload identity and relationship proof.

3. Submission: We lodge the 820/801 application and the sponsorship form.

4. Bridging Visa Management: Ensuring you remain lawful throughout the process.

5. Health & Character Checks: We guide you on when to book your Bupa medicals.

6. Stage 2 (801) Processing: Two years later, we handle the final push for permanent residency.

 

2026 Processing Times and Department Fees

As of early 2026, the Department of Home Affairs fees for a Partner Visa (Subclass 820/801) are approximately $9,095 AUD for the main applicant.

Processing Times:

• Subclass 820: 12 to 24 months.

• Subclass 801: 6 to 18 months after the eligibility date.

Note: These times fluctuate based on the quality of your evidence. "Decision-ready" applications via an agent are often processed faster.

 

Common Reasons for Refusal and How to Avoid Them

• Insufficient Evidence: Not having enough joint financial or social proof.

• Inconsistencies: Discrepancies in your "Love Story" statements.

• Poor Form 888s: Statements from friends that are too brief or lack detail.

• Health/Character Issues: Failing to disclose past medical conditions or minor legal run-ins.

 

Life on an 820 Visa: Medicare, Work, and Study Rights

The Subclass 820 is a powerful temporary visa. It allows you to:

• Work for any employer in Australia.

• Study (though you may pay international fees until the 801 is granted).

• Access Medicare: You can apply for your Medicare card as soon as you lodge the 820 application—you don't have to wait for the grant!

 

Why Choose Leading Edge Migration?

At Leading Edge Migration, we go beyond basic paperwork—we are your dedicated migration agents in Perth and trusted advocates throughout your Australian visa journey.

• Local Perth Expertise: Based in Perth, Western Australia, we understand the WA lifestyle and relevant state-specific relationship and migration requirements, giving your partner visa application a strategic advantage.

• Proven High Success Rate: Our team is known for detailed document checks, compliance reviews, and decision-ready visa applications, helping maximise approval outcomes for Australian partner visas (Subclass 820/801).

• Empathetic, Multilingual Support: We provide clear, personalised guidance in multiple languages, making the migration process to Australia less stressful and easier to navigate for you and your partner.

 

Choose Leading Edge Migration for reliable support with partner visas, onshore visa applications, and Australian permanent residency pathways—backed by expertise you can trust.

 

Frequently Asked Questions (FAQs)

Q: Can I apply if I have a "No Further Stay" (8503) condition?

A: You may need a waiver before applying. We can assist with the waiver request.

 

Q: What if our relationship ends during the process?

A: There are "Family Violence Provisions" and other exceptions that may still allow you to stay in Australia. Contact us immediately for a confidential talk.

 

Q: Do I need a Migration Agent?

A: Given the $9,000+ government fee, an error is an expensive mistake. An agent ensures your investment is protected.

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Secure Your Future in Australia Today.

Don't leave your relationship to chance. Contact Leading Edge Migration for a detailed assessment of your Onshore Partner Visa options.

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