Knowledge topic

Partner visa onshore (subclass 820/801): the relationship-evidence guide

The onshore Partner visa is the pathway for the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen, when the applicant is inside Australia at the time of applying. It runs as two linked subclasses: 820 (temporary) and 801 (permanent). The core requirement is not a marriage certificate — it is showing a genuine and continuing relationship. This page explains how the pathway works and what you need to prepare.

What this visa is for

It lets the partner of an eligible sponsor live in Australia and move towards permanent residence. Its defining feature is a two-stage, temporary-then-permanent structure: you lodge a single application, but it is assessed in two steps.

  • Subclass 820 (temporary): usually granted first, letting the applicant stay, work, and study in Australia while the permanent stage is considered.
  • Subclass 801 (permanent): usually assessed after a period of time, when the department re-checks that the relationship is still continuing.

Because one application covers both stages, the case needs to be prepared carefully from the very start.

Who it usually suits

The onshore pathway tends to fit people who:

  • are in Australia lawfully (for example, holding another visa) and are the spouse or de facto partner of an eligible sponsor;
  • want to keep living and working in Australia while the application is processed, rather than waiting offshore;
  • already have a real relationship they can show developing naturally over time.

Someone who is outside Australia when they apply usually belongs in the offshore pathway (309/100) instead of onshore — that is the key distinction.

Common misunderstandings

  • This is not a “marriage means automatic approval” visa. A marriage certificate is only one part; the department still assesses, overall, whether the relationship is genuine and continuing.
  • It is not for people who only plan to marry in future. If you are not married and do not yet meet the de facto definition, the Prospective Marriage visa (subclass 300) may fit instead of 820/801.
  • Onshore does not always mean an automatic right to remain. Lodging onshore and your ability to stay while you wait depend on your current visa status and the conditions that apply, so check the current official source.

Key conditions to look at

These are the conceptual, slow-changing conditions:

  • Genuine and continuing relationship: a mutual commitment to a shared life, to the exclusion of others, and a relationship that is authentic.
  • Spouse or de facto status: either legally married in a way Australia recognises, or meeting the de facto definition.
  • An eligible sponsor: usually an Australian citizen, permanent resident, or eligible New Zealand citizen.
  • Health and character requirements: these apply to the applicant, as with many other visas.

Some factors have specific numeric thresholds — for example the minimum length of a de facto relationship, or limits on how many times a person can sponsor and the gap between sponsorships. Those numbers can change over time; when you check the Home Affairs page, confirm the figure that applies to your situation.

The sponsor’s and applicant’s roles

The sponsor undertakes to support the applicant financially and with accommodation for a period after the visa is granted, and is also one half of the relationship that must be shown. The department also looks at the sponsor’s history: there are limits on how many people someone has sponsored and on whether the sponsor themselves previously came to Australia on a partner visa (sponsorship limits). The concept is stable, but the specific numbers should be checked against the official source.

The applicant is the person being sponsored. In the two-stage structure, the applicant needs to maintain the relationship and, at the 801 stage, usually provides updated evidence that it is still continuing.

The relationship evidence you usually prepare

The department generally assesses relationship evidence across four categories. A strong case spreads evidence across all four:

  • Financial: joint accounts, jointly owned property or vehicles, shared insurance, shared financial commitments, bills in both names. What matters is the jointness, not large sums.
  • Household: a lease in both names, mail to the same address, sharing of chores and responsibilities. If you cannot live together, explain why and make up for it in the other categories.
  • Social: photos together across several periods, statements from friends and family describing specifically what they have observed, evidence of attending events together, being recognised as a couple.
  • Commitment: shared plans for the future, knowledge of each other’s circumstances, the length of the relationship, marriage or relationship registration (if any).

There is no fixed “how much is enough”. Quality and variety matter more than volume, and the case should show a relationship that grew naturally — not one assembled just before lodging.

The process at a glance

  1. Confirm the right pathway: onshore (820/801) or offshore (309/100), based on whether the applicant is inside or outside Australia.
  2. Prepare evidence across the four categories, plus identity, health, and character documents.
  3. Lodge the application and fee through the official system; the sponsor lodges the sponsorship part.
  4. Stage 820: usually assessed first; if granted, the applicant remains in Australia while they wait.
  5. Stage 801: usually assessed after a period, with updated relationship evidence.

The exact sequence and steps can change; follow the guidance on the official page at the time you lodge.

Fees, processing time, validity and conditions

Partner visa fees are substantial. According to the official Home Affairs page, the first instalment for most main applicants is from 11,710 AUDVerified 02/07/2026 · Source: Department of Home Affairs — and there may also be a second instalment at the later stage; people who previously held a Prospective Marriage (300) visa often have a lower first instalment. Processing times are typically long, and both the fee and the time can change with your circumstances. The timing of when the 801 stage is assessed, and the conditions attached to the 820 (such as work and study rights), can also change — do not rely on old figures. When you check the Home Affairs page, confirm the fee, processing-time range, and conditions currently applying to subclass 820/801 and to your situation. Rules can change.

Two official tools help you estimate against your own circumstances:

Refusal risks

  • Weak or lopsided relationship evidence: everything in one category (for example only photos), with little financial or household evidence.
  • Evidence that looks assembled: all of it appearing right before lodging.
  • Health or character issues not handled or explained properly.
  • Inconsistent statements between documents, or between the two partners’ accounts.
  • An ineligible sponsor because of earlier sponsorship limits.

Common mistakes

  • Assuming marriage is enough and skipping the four-category evidence.
  • Confusing the onshore and offshore pathways and lodging the wrong subclass.
  • Letting the 801 stage lapse, thinking the 820 was the finish line.
  • Relying on fee, time, or relationship-length figures heard from acquaintances instead of the official source.
  • Writing vague statements of support instead of describing specifically what the witness has observed.

When to ask a migration agent

Consider speaking to a registered migration agent (OMARA) when: there is a criminal record or character issue; you have had a visa refused before; the relationship has complicating factors (long distance, an earlier divorce, very different circumstances); or you are unsure how to present the evidence. An agent does not guarantee an outcome, but can help you avoid hard-to-fix mistakes. This is general information, not personal advice for your specific case.

A quick self-check

  • Is the applicant inside or outside Australia? (this decides onshore vs offshore)
  • Can the two of you show evidence in all four categories?
  • Is the sponsor eligible and clear of sponsorship limits?
  • Are you ready to prepare evidence again for the 801 stage, not just the 820?

Official sources

The Department of Home Affairs page for the onshore Partner visa (820/801): https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore — this is the single reliable source for fees, processing times, conditions, and the specific figures currently applying.

The Partner visa is one of the longer, more preparation-heavy pathways. Understanding the two-stage structure and the four evidence categories from the start helps you build a solid case — and always check the current official source for every figure.

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Sources for this page

Figures on this page link to the official sources below, with verification status shown where each figure appears.

  1. immi.homeaffairs.gov.au immi.homeaffairs.gov.au · legislation
  2. immi.homeaffairs.gov.au immi.homeaffairs.gov.au · legislation
  3. immi.homeaffairs.gov.au immi.homeaffairs.gov.au · legislation