Partner Visa Subclass 820/801 Explained: Requirements, Processing Time & Benefits (2026 Guide)

Building a future in Australia with your partner is an exciting journey, but the visa process can often feel like a mountain of paperwork and complex legal requirements. As we move through 2026, the Australian Department of Home Affairs has maintained its focus on "decision-ready" applications and rigorous evidence of genuine relationships.

At Leading Edge Migration, our mission is to simplify this journey. This guide breaks down everything you need to know about the Partner Visa Subclass 820 and 801 to help you move forward with confidence.

What is the Partner Visa Subclass 820/801?

The Subclass 820/801 is an onshore visa pathway, meaning the applicant must be in Australia at the time of lodgement. It is a two-stage process:

1. Subclass 820 (Temporary): This is the first stage. It allows you to stay, work, and study in Australia while the Department assesses your eligibility for permanent residency.

2. Subclass 801 (Permanent): Generally assessed two years after you first applied, this stage grants you Permanent Residency (PR) in Australia.

Pro Tip: While you apply for both simultaneously and pay one fee, the permanent stage (801) is not automatic. You must provide updated evidence of your ongoing relationship when invited by the Department.

Eligibility Requirements in 2026

To qualify, you must be the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen.

1. The "Genuine and Continuing" Relationship

You must prove that your relationship is authentic. The Department looks at the "Four Pillars" of evidence:

• Financial: Joint bank accounts, shared assets (like a car or house), and joint household bills.

• Nature of Household: Shared domestic responsibilities, joint lease agreements, and mail addressed to both of you at the same residence.

• Social Matters: Recognition of your relationship by friends and family, joint invitations, and proof of travel or social activities together.

• Commitment: Evidence of your long-term plans, knowledge of each other’s backgrounds, and your intent to stay together indefinitely.

2. The 12-Month Rule (For De Facto Couples)

If you are not married, you must generally show you have lived together for at least 12 months before applying.

• Exemption: You can waive the 12-month requirement by registering your relationship with a State or Territory government (e.g., in VIC or NSW).

3. Health and Character

Applicants must meet strict health criteria (medical exams) and character requirements (police clearances from every country you have lived in for 12 months or more over the last 10 years).

2026 Processing Times: What to Expect

Processing times fluctuate based on the volume of applications and the complexity of your case. As of early 2026, the typical windows are:

Visa Stage	Estimated Processing Time
Subclass 820 (Temporary)	12 – 20 Months
Subclass 801 (Permanent)	6 – 15 Months

Note: "Long-term" relationships (3+ years together, or 2+ years with a child) may see both the 820 and 801 granted at the same time.

Benefits of the 820/801 Pathway

Holding a Partner Visa opens doors to a stable life in Australia:

• Full Work Rights: You can work for any employer in any industry.

• Medicare Access: Enrol in Australia’s public healthcare system as soon as you apply for the 820.

• Study Rights: Pursue education (though you will likely pay international fees until PR is granted).

• Travel Flexibility: Travel in and out of Australia as many times as you like.

• Pathway to Citizenship: Once the 801 PR is granted and residency requirements are met, you can apply for Australian Citizenship.

Why Choose Leading Edge Migration?

In 2026, the "spotlight" on partner visas is brighter than ever. Vague statements and missing documents lead to lengthy delays or refusals. At Leading Edge Migration, we provide:

• Schedule 3 Expertise: If you are currently on a bridging visa or are "unlawful," we specialise in the complex legal submissions required to keep you in Australia.

• Decision-Ready Applications: We ensure every "pillar" of evidence is robust so the Case Officer has everything they need to say "yes" quickly.

• Fixed-Fee Model: No hidden costs. We provide a transparent quote and flexible payment plans to manage government fees.

• Local Perth Presence: Located in the heart of the Perth CBD, we offer personalised, face-to-face support for couples in Western Australia.

A DIY mistake can lead to a refusal and the total loss of your nearly $10,000 fee. Our Registered Migration Agents in Perth provide a forensic review of your case to ensure your "Four Pillars" are bulletproof.

Don't risk your future on a cut-price agent with no track record. Join the hundreds of couples who have successfully started their lives together in Australia with our help.

Start Your Success Story Today

Don’t leave your future to chance. Whether you're just starting to collect evidence or dealing with a complex visa history, we are here to help.

Book a Partner Visa Strategy Session with Leading Edge Migration today or visit us at Unit 3, 239 Adelaide Terrace, Perth, WA 6000.

📞 Call us: 08 9221 8472

📩 Email: info@leadingedgemigration.com.au

Frequently Asked Questions: Partner Visa Subclass 820/801

Applying for a partner visa is a major emotional and financial investment. To help you navigate the process, Leading Edge Migration has compiled the most common questions regarding the 820/801 onshore pathway.

1. What is the difference between the Subclass 820 and Subclass 801 visas?

The Subclass 820 is a temporary visa that is the first stage of the process. It allows you to live, work, and study in Australia while the Department of Home Affairs assesses your long-term eligibility. The Subclass 801 is the permanent residency (PR) stage, which is usually granted two years after your initial application, provided the relationship is still genuine and continuing.

2. How long does it take to get a Partner Visa in 2026?

Processing times can vary based on the complexity of your case, but currently:

• Subclass 820 (Temporary): 12 to 20 months.

• Subclass 801 (Permanent): 6 to 15 months. Note: High-quality, "decision-ready" applications prepared by professional migration agents often see faster results.

3. Can I apply for a Partner Visa if we aren't married?

Yes. You can apply as a de facto partner. Generally, you must prove that you have lived together for at least 12 months prior to applying. However, you may be exempt from this 12-month requirement if you register your relationship with a State or Territory government (such as in VIC or NSW) or if there are compelling circumstances.

4. What are the "Four Pillars" of evidence?

To grant the visa, the Department looks for evidence across four specific areas:

• Financial: Joint bank accounts, shared assets, or joint bills.

• Household: How you share domestic chores, joint leases, and mail addressed to both of you.

• Social: How friends and family perceive your relationship and proof of joint social activities.

• Commitment: Evidence of your long-term plans together and your history as a couple.

5. Can I work and use Medicare while waiting for my 820 visa?

Yes! Once you lodge a valid Subclass 820 application onshore, you will typically be granted a Bridging Visa that gives you full work rights. Furthermore, you become eligible to enroll in Medicare, Australia’s public healthcare system, as soon as your application is lodged.

6. What if my relationship has lasted a long time or we have children?

If you have been in a "long-term relationship" (usually 3+ years, or 2+ years if you have a child together), the Department may grant both the temporary 820 and the permanent 801 visas at the same time, effectively skipping the two-year waiting period for PR.

7. What happens if my current visa is expiring or has already expired?

If you are "unlawful" or on a bridging visa, you may face Schedule 3 requirements. This is a complex legal area that requires showing "compelling reasons" why you should be allowed to apply for a partner visa while onshore. At Leading Edge Migration, we specialise in these high-stakes cases to help keep couples together.

Don’t risk a refusal on a $9,000+ application fee. The 2026 migration environment is strict, and minor errors can lead to major delays. Book a Strategy Session with Leading Edge Migration today to ensure your application is bulletproof.

Disclaimer: This blog provides general information only and does not constitute legal advice. It's crucial to consult with a registered migration agent for personalised guidance based on your specific circumstances