The Australian partner visa is one of the most applied-for visas in the country — and one of the most complex. Whether you are married to an Australian citizen, in a de facto relationship with a permanent resident, or planning to bring your partner to Australia, understanding how the system works before you apply is essential.

This complete guide covers everything about the Subclass 820 and 801 partner visa pathway in 2026 — from eligibility through to permanent residency and the pathway to citizenship.

At Magpie Consultants, Umar Ashraf (MARN 2619222) prepares partner visa applications including complex de facto, long-distance, and previously refused cases.

This article is for general information only. Partner visa law is complex — consult a registered migration agent for advice on your specific situation.

Two-Stage Partner Visa: Subclass 820 and 801

The Australian partner visa is a two-stage visa:

Stage	Visa Subclass	Type	Duration
Stage 1	Subclass 820	Temporary	Until Stage 2 is decided
Stage 2	Subclass 801	Permanent	Permanent residency

Both stages are applied for at the same time — you submit one application and pay one combined fee. The Department grants Stage 1 (820) first, then assesses Stage 2 (801) after the required waiting period.

Stage 2 (801 permanent visa) is typically assessed 2 years after the initial 820 application, provided the relationship is ongoing at that point.

Offshore Partner Visa: Subclass 309 and 100

If you are outside Australia at the time of application, the equivalent visa subclasses are:

Subclass 309 — temporary offshore partner visa (equivalent to 820)
Subclass 100 — permanent offshore partner visa (equivalent to 801)

This guide focuses primarily on the onshore 820/801 pathway (applicant in Australia at time of lodging). For the offshore 309/100 pathway, the eligibility criteria are broadly similar but the process differs.

Who Can Apply for the Partner Visa?

The Applicant Must:

Be in a genuine relationship with the sponsor (married or de facto)
For married couples: be legally married (the marriage must be recognised under Australian law)
For de facto couples: have been in the de facto relationship for at least 12 months immediately before the application — unless registered as de facto partners or compelling circumstances exist
Meet health requirements (medical examination)
Meet character requirements (police clearances)
Not be in a temporary visa class that is barred from applying onshore (check your current visa conditions)

The Sponsor Must:

Be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
Be 18 years or older
Not have been refused as a sponsor for a previous partner visa
Not be subject to a sponsorship bar (imposed due to prior partner visa issues, domestic violence, or fraud)
Commit to supporting the applicant during the temporary stage

What Evidence Is Required?

The Department assesses the genuineness of the relationship across four categories. Evidence is required in each:

1. Financial Aspects

Joint bank accounts, shared financial commitments, one partner supporting the other financially, joint property ownership or lease, insurance naming each other as beneficiaries.

2. Nature of the Household

Evidence of cohabitation — joint lease or property, mail addressed to both at the same address, utility bills, evidence of shared household responsibilities.

3. Social Aspects

Photos together over time, social media, invitations as a couple, statutory declarations from people who know you as a couple, attendance at family events together.

4. Commitment to Each Other

Knowledge of each other’s personal history and family, future plans together, duration and development of the relationship, evidence of how the relationship has been maintained through any periods of separation.

For detailed advice on building the evidence package, including strategies when evidence is limited, see: De Facto Partner Visa: Proving Your Relationship With Limited Evidence.

How Much Does the Partner Visa Cost?

The partner visa involves a combined application fee covering both Stage 1 and Stage 2. As of 2025–2026:

Applicant	Approximate Fee
Primary applicant (onshore 820/801)	~$8,850
Secondary adult included in application	~$4,430
Secondary child (under 18)	~$2,215

These are among the highest visa application fees in Australia. Add migration agent fees ($2,000–$5,000+) and health/police clearance costs, and the total cost of a partner visa application for a couple can exceed $15,000–$20,000.

Fees are non-refundable if the application is refused. Quality preparation matters.

Partner Visa Processing Times in 2026

Partner visa processing is one of the slower streams in Australian migration. Current indicative timeframes:

Stage 1 (820) grant: 12–24 months from lodgement
Stage 2 (801) assessment: typically begins approximately 2 years after lodgement; permanent visa granted after Stage 2 assessment is complete

Total time from application to permanent residency (801 grant): typically 3–5 years in practice, depending on when Stage 2 is assessed.

For a full breakdown of what affects processing, see: Partner Visa Processing Times Australia 2026.

What Happens During the Temporary Stage (820)?

Once granted the 820 temporary visa, you can:

Live in Australia lawfully
Work for any employer without restriction
Study
Travel in and out of Australia (unlimited travel)
Access Medicare (Australian public healthcare)

The 820 is valid until Stage 2 (801) is decided — there is no set expiry date on the temporary stage.

The Pathway From Partner Visa to Citizenship

Once you hold the 801 permanent partner visa, the pathway to Australian citizenship is:

Live in Australia as a permanent resident for at least 4 years (with at least 1 year as a permanent resident)
Meet the character, English language (basic), and residency requirements
Pass the Australian citizenship test
Attend a citizenship ceremony

For a full breakdown of the partner visa to citizenship timeline, see: Partner Visa to Permanent Residency: Pathway from 820 to 801 to Citizenship.

What If the Partner Visa Is Refused?

If the 820 is refused, you can seek review at the Administrative Review Tribunal (ART) within 21 days. The ART conducts a fresh assessment and allows new evidence — many refusals are overturned at the ART with proper preparation. See our guide: Partner Visa 820 Refused: How to Appeal at ART.

Frequently Asked Questions

What is the difference between the 820 and 801 partner visa?

The 820 is the temporary stage (Stage 1) and the 801 is the permanent stage (Stage 2). Both are applied for at the same time. The 820 is granted first (typically within 12–24 months); the 801 is assessed approximately 2 years later if the relationship is still ongoing.

How long do I have to be in a de facto relationship before applying?

You must have been in the de facto relationship for at least 12 months immediately before the visa application — unless you are registered as de facto partners under a state law, or compelling circumstances exist (e.g., a child of the relationship).

Can I work in Australia while my partner visa is being processed?

During the processing period, you remain on your current visa. If your current visa has work rights, you can work. Once the 820 is granted, you have full, unrestricted work rights. If your current visa does not allow work, seek advice about a bridging arrangement.

Does the partner visa give me permanent residency?

The 820 (Stage 1) is temporary. The 801 (Stage 2) is permanent. Both are applied for together — the permanent 801 is typically granted 2+ years after lodgement if the relationship is ongoing and genuine at that point.

Can I include my children in the partner visa application?

Yes — dependent children can be included as secondary applicants. They receive the same visa grant as the primary applicant (820 then 801) and have the same work and study rights.

Where can I find a professional migration agent for a partner visa?

Look for a MARA-registered migration agent (registered with the Migration Agents Registration Authority). You can verify any agent’s registration at mara.gov.au. Magpie Consultants’ Umar Ashraf is MARN 2619222.

Key Takeaways

The partner visa is a two-stage application — 820 (temporary) then 801 (permanent), applied for together.
De facto couples need 12 months of cohabitation before applying (unless registered).
Evidence must cover four aspects — financial, household, social, commitment.
Processing takes 3–5 years total from application to permanent residency.
The 801 permanent visa leads to citizenship eligibility after 4 years of Australian residence.
Refusals can be appealed at the ART — professional help significantly improves outcomes.

Applying for a Partner Visa? Contact Magpie Consultants

Partner visa applications are evidence-intensive and high-stakes. Getting them right the first time avoids refusals, costly ART appeals, and years of delay.

At Magpie Consultants, Umar Ashraf (MARN 2619222) prepares partner visa applications of all types. We advise in English, Urdu, Punjabi, and Hindi.

Book a consultation: magpieconsultants.com.au/book-appointment
Location: Office 3, 8/10 Childs Road, Epping VIC 3076, Melbourne

DISCLAIMER: This article is for general information only and does not constitute migration advice. Partner visa law is complex — seek advice from a MARA-registered migration agent. Umar Ashraf — MARN 2619222 — verify at mara.gov.au.

Partner Visa Australia Complete Guide 2026: Subclass 820 and 801 Explained