Partner Visa (Subclass 820 / 801)

Partner Visa (Subclass 820 / 801)

The Partner visa is the main pathway for spouses, de facto partners and same-sex partners of Australian citizens, permanent residents (PRs) or eligible New Zealand citizens to live permanently in Australia.

Two-Stage Process

Unlike most visa types, the Partner visa involves a single application that results in two sequential grants:

1. 1.Subclass 820 — Temporary partner visa (granted first, usually within months of lodging)
2. 2.Subclass 801 — Permanent partner visa (granted after the mandatory 2-year waiting period or immediately if the relationship has been registered for 3+ years at time of lodgement)

Eligibility

You must be the spouse or de facto partner of an Australian citizen, Australian PR, or eligible New Zealand citizen. Same-sex relationships are fully recognised. De facto relationships must have existed for at least 12 months before applying (unless a de facto registration exists in a state or territory).

Mandatory Waiting Period

For most applicants, the permanent visa (801) is not granted until 2 years after the date of the initial 820 application. If the relationship has existed for 3+ years (or 2+ years with children), the waiting period may be waived.

Rights on 820 Visa

While holding the temporary 820, you can live and work in Australia, access Medicare (if eligible by country agreement), re-enter Australia multiple times and study.

Prospective Marriage Visa

If you are engaged but not yet married, you may need to apply for the Subclass 300 Prospective Marriage visa first, then apply for a Partner visa after marrying in Australia.