Who this pathway is for

Applicants in Australia who are the spouse (married) or de facto partner (same-sex or opposite-sex) of an Australian citizen, permanent resident, or eligible New Zealand citizen.

If you are outside Australia, the offshore Partner pathway (309/100) or Prospective Marriage visa (300) may be more appropriate.

Quick Summary

• Relationship: spouse (valid marriage) or de facto (generally 12 months, unless exempt e.g., registered relationship in an Australian state/territory).
• Location: you must be in Australia (not in immigration clearance) to lodge the 820/801 combined application and to be granted the 820.
• Combined lodgement: you always lodge 820 & 801 together
• Sponsor: your Australian spouse/de facto partner (or, if under 18, their parent/guardian) must lodge Sponsorship. Sponsor bars/limitations can apply.
• Character/health: you (and relevant family) must meet health and character requirement and values statement.

Special validity limits for certain regional visa holders (820 stage)

If you currently hold (or last held) a regional skilled provisional visa, extra timing rules apply before you can validly lodge the 820/801 application. These provisions help ensure regional obligations are not circumvented.

What happens after you lodge

• You will generally receive a Bridging visa to remain lawfully in Australia while the combined application is processed Check your specific bridging visa work/travel conditions in VEVO.
• The Department may contact you for additional relationship, health, character or sponsorship information.

Stage 1 — Subclass 820 (temporary)

• Grant location: you must be in Australia (not in immigration clearance) at the time of 820 grant.
• Visa length: lasts until the 801 decision is made (or the 801 application is withdrawn).
• Conditions: no mandatory conditions attach to the 820 itself; your bridging visa conditions (if any) apply before 820 grant.

Stage 2 — Subclass 801 (permanent)

• Usual timing: assessed about 2 years after the original combined application date (not “24 months on the 820”).
• Continuing relationship: you must still be in a genuine spousal/de facto relationship with your sponsoring partner at decision, unless an exception applies.
• Grant location: in or outside Australia.

Early grant or exceptions (no two-year wait)

An 801 can be decided before two years if any of the following apply

• Long-term partner relationship at the time of application (longer than 3 years, or longer than 2 years with a child of the relationship).
• Family violence occurred and relationship may have ceased.
• Death of the sponsor, if you would otherwise have met the relationship test and you have developed close ties in Australia.
• Custody/access/maintenance orders involving a child of the relationship.

Evidence for spouse / de facto

The Department assesses the genuineness of your relationship against the four broad factors (spouse) and (de facto):

• Financial aspects (shared finances, liabilities, bills, insurance, tax, etc.)
• Household (living arrangements, care responsibilities, domestic organisation)
• Social (how you present as a couple, statements from friends/family, joint activities)
• Commitment (length of relationship, future plans, ongoing nature)

De facto length: generally 12 months before lodgement, unless exempt (e.g., state/territory relationship registration, or compelling circumstances).

Fees (VAC) & how payment works

• Partner visas (820/801) are a combined application. You pay one VAC at lodgement, covering both stages.
• The current amount is published on the Home Affairs page and changes periodically. Always check the DOHA page for the latest fee before lodgement.

Processing times

Processing varies with caseload, evidence quality, and any health/character checks. Home Affairs provides indicative timeframes on the partner onshore page and may update them periodically.

Sponsor obligations, limits & police checks

• Sponsorship bars/limits can apply (e.g., limits for multiple sponsorships; child-safety and serious-offence provisions).
• Sponsors may be asked for police checks, especially if any applicant is under 18 (Child Safeguarding Framework).
• Sponsorship must be approved and remain in force at decision time.

If you don’t hold a substantive visa at lodgement

You can still make a valid onshore application in limited circumstances, but you must either:

• Meet Schedule 3 criteria, or
• Show compelling reasons why Schedule 3 should be waived, this is assessed case-by-case (e.g., reasons beyond your control, best interests of an Australian citizen child).

Bridging visas

When you lodge a valid 820/801 application onshore, you’ll generally be granted a Bridging visa to remain lawfully in Australia until a decision is made.

• Most applicants move to a BVA (no travel) and can request a BVB for travel, if required.
• Check VEVO for your bridging visa work and travel conditions and expiry details.

820 vs 801: Quick Comparison

Common misconceptions corrected

• “You must live 24 months on the 820 to get 801” Incorrect. The law requires two years from the date of the combined application (unless you qualify for an exception such as long-term relationship, family violence, sponsor death, or child custody).
• “You can lodge offshore” Incorrect for this pathway. The onshore route (820/801) requires you to lodge and be in Australia at 820 decision.
• “Sponsorship always ends 2 years after 820 grant” Sponsorship must be approved and in force for decision; sponsor bars/limits and police check requirements can apply and may affect eligibility.