Onshore Partner Visa
(Subclass 820 and 801)
The Onshore Partner Visa (subclass 820/801) allows the de facto partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live and work in Australia.
It is one of the most common pathways for couples who want to build a life together in Australia, and one of the most heavily scrutinised, which is why getting the application right the first time matters.
What is the Partner Visa (subclass 820/801)?
The Partner (subclass 820/801) visa is a two-stage visa for the partner or spouse of an eligible Australian or New Zealand sponsor. You lodge one combined application that is assessed in two parts:
- Subclass 820 (temporary): grants you the right to live and work in Australia while your application is assessed.
- Subclass 801 (permanent): considered once you have held the subclass 820 visa for a qualifying period, generally around two years from your initial lodgement, provided your relationship is still genuine and ongoing.
The application also has two components that are assessed together: the visa application (lodged by you, the applicant) and the sponsorship application (lodged by your partner, the sponsor).
Who is eligible for the Onshore Partner Visa?
To apply for the Onshore Partner Visa (subclass 820/801), you must be in a genuine relationship with a partner who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, and that partner must be willing and able to sponsor you.
You will generally need to be married to your partner, or able to show that you have lived together in a de facto relationship for at least 12 months immediately before you apply.
Some exceptions to the 12-month de facto rule apply, including where the relationship is registered with an Australian state or territory relationship register, or where compelling and compassionate circumstances exist.
What evidence do you need for a Partner Visa?
The Department of Home Affairs requires substantial evidence across every aspect of your relationship. Broadly, this evidence needs to demonstrate that:
- you and your partner are mutually committed to a shared life together, to the exclusion of all others
- your relationship is genuine and continuing, not one entered into for the purpose of obtaining a visa
- you live together, or live apart only on a temporary basis
- you are not related by family
Home Affairs typically groups this evidence into four categories: the financial aspects of your relationship, the social aspects, the nature of your household, and the nature of your commitment to each other. You and your sponsor will also need to satisfy additional requirements, including health and character checks.
How Ramsden Law can help with your Partner Visa application
Our migration lawyers at Ramsden Lawyers regularly assist couples through the Partner Visa process, and understand how stressful it can be to have your relationship assessed against a strict legal framework. With offices in Brisbane, the Gold Coast, Sydney and Melbourne, and the ability to assist clients Australia-wide, we help clients build their future in Australia by:
- explaining the requirements and process for both the sponsorship and the main visa application
- outlining the specific documents you need in a tailored checklist, so you always know what’s required and why
- collating and reviewing your supporting documentation before it is submitted
- preparing detailed written submissions to the Department of Home Affairs that address each legal requirement and set out the evidence relied on
- preparing and lodging your visa application, sponsorship application, and supporting evidence
- advising you on the status of your application, your ongoing obligations, and current processing times
If you are considering applying for an Onshore Partner Visa or have already started the process and want it reviewed, contact our immigration team to discuss your circumstances.
Frequently asked questions
What Is the Difference Between the Subclass 820 And Subclass 801 Partner Visa?
The subclass 820 is the temporary Partner Visa, which lets you live and work in Australia while your application is processed. The subclass 801 is the permanent Partner Visa, which is assessed after you have held the subclass 820 for a qualifying period, generally around two years, provided your relationship remains genuine and ongoing.
Do I Need to Be Married to Apply for a Partner Visa in Australia?
No. You can apply as a de facto partner if you can show that you have lived together in a genuine de facto relationship for at least 12 months before applying, subject to some exceptions, such as a registered relationship.
Who Can Sponsor a Partner Visa Applicant?
Your sponsor must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen, and must be in a genuine relationship with you as your spouse or de facto partner.
How Long Does It Take to Get Permanent Residency Through a Partner Visa?
Permanent residency (subclass 801) is generally considered around two years after you first lodge your combined 820/801 application, though this can vary depending on your circumstances and current processing times.
What Evidence Is Required for a Partner Visa Application?
You need evidence covering the financial, social, and household aspects of your relationship, along with evidence of your mutual commitment. This can include joint finances, joint leases or property, correspondence addressed to you both, photos, and statements from family or friends.
Can a Partner Visa Application Be Refused?
Yes. Partner Visa applications are refused where Home Affairs is not satisfied that the relationship is genuine and continuing, or where health, character, or other legal requirements are not met. This is why well-prepared evidence and submissions matter.
Where Can I Get Help with a Partner Visa Application?
Ramsden Law has offices in Brisbane, the Gold Coast, Sydney and Melbourne, and can assist clients with Partner Visa applications across Australia.
