Transitioning from a temporary stay to permanent residency is a major milestone. For couples in genuine relationships, the Subclass 820/801 Partner Visa offers the pathway to live together in Australia. This guide explains the process step by step — including eligibility, timelines, and how Tolic Lawyers helps you build a decision-ready application for the best possible outcome.
Understanding the Subclass 820 and 801 Partner Visa
The Partner Visa (Subclass 820 and 801) is designed for couples where one partner is an Australian citizen, permanent resident, or eligible New Zealand citizen, and the other is already in Australia.
- The 820 visa grants temporary residence, allowing you to live, work, and study in Australia while your permanent stage is processed.
- The 801 visa then transitions you to permanent residency, provided the relationship remains genuine and ongoing.
Because both visas are lodged together, your journey begins with one combined application — making preparation and documentation crucial from the start.
Why Apply Onshore?
Applying onshore allows couples to stay together during processing. For Sydney residents and applicants in other states, the onshore route ensures stability, work rights, and access to Medicare.
Furthermore, the eligibility and evidence requirements remain consistent nationwide, which means that no matter whether you are in Sydney, Brisbane, Perth, or a regional area, the same strong evidence will support your case.
Key Eligibility Criteria
To qualify for the 820/801 visa, both the applicant and sponsor must meet specific requirements:
Applicant must:
- Be in Australia when applying and hold a substantive visa or bridging visa A, B, C. If you hold no valid visa, an application can still be made but is very complex.
- Be married to or in a de facto relationship with an eligible sponsor.
- Demonstrate a genuine and continuing relationship.
- Satisfy health and character requirements.
Sponsor must:
- Be an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Meet sponsorship requirements and pass character checks.
In addition, you must provide substantial evidence under the four pillars of a genuine relationship — financial, social, household, and commitment aspects.
Step-by-Step Application Process
Step 1: Prepare Your Application
Before lodging, it’s essential to gather detailed evidence such as joint bank statements, shared bills, photos, and statutory declarations. A decision-ready application reduces the likelihood of a Section 56 request from the Department of Home Affairs.
Step 2: Lodge the Combined 820/801 Application
The process begins by submitting one combined application through ImmiAccount. Once lodged, you’ll usually receive a Bridging Visa A (BVA), allowing you to remain lawfully in Australia while awaiting the outcome.
Step 3: Temporary Stage (Subclass 820)
Once granted, the 820 visa gives you the right to live and work in Australia. During this time, you can build additional evidence to support your permanent stage.
Step 4: Permanent Stage (Subclass 801)
Generally, after two years, the Department reassesses your application to confirm that the relationship is still genuine. If successful, you’ll be granted permanent residency, giving you full rights to live, work, and stay in Australia indefinitely.
Building a Decision-Ready Application
At Tolic Lawyers, we focus on creating decision-ready partner visa applications. This means ensuring every piece of evidence, statement, and supporting document is complete, consistent, and well-organised before lodgement.
Moreover, we guide clients through complex scenarios such as Schedule 3 waivers, previous visa cancellations, or character concerns, ensuring your application anticipates potential Department queries.
In practice, decision-ready submissions often reduce processing delays and demonstrate that you understand your obligations and the Department’s expectations.
Common Pitfalls and How to Avoid Them
Even strong relationships can face hurdles in migration law. Therefore, it’s vital to avoid the following:
- Incomplete or inconsistent evidence of cohabitation.
- Submitting while outside Australia (which invalidates an 820 application).
- Failing to update the Department about address or relationship changes.
By contrast, well-prepared applications with clear, indexed evidence help the Department verify your claims quickly and favourably.
Why Choose Tolic Lawyers
At Tolic Lawyers, we combine in-depth migration law expertise with practical experience managing hundreds of successful partner visa matters across Australia.
Our firm offers:
- Expert guidance on complex Schedule 3 and bridging-visa situations.
- Decision-ready file preparation to minimise delays.
- Strategic advice to handle health, character, or sponsor issues.
- Representation for partner-visa refusals and ART reviews.
Frequently Asked Questions
How long does the process take?
Processing times vary, but most applicants receive the temporary 820 visa within 12–24 months, with the 801 stage following about two years after lodgement.
Do I need to be in Australia when I apply?
Yes — both at lodgement and generally at decision. This visa is for onshore applicants only.
Can I apply without 12 months of living together?
Yes, in some states, relationship registration removes the 12-month cohabitation requirement.
What if I was unlawful before applying?
Schedule 3 may apply if you are on bridging visa in A, B, C but there are waiver pathways. Professional advice is strongly recommended in such cases.
Take the Next Step with Tolic Lawyers
Take the Next Step with Tolic Lawyers
Your relationship deserves the best chance of success. Whether you’re based in Sydney or any other Australian state, we’ll help you prepare, lodge, and manage your Partner Visa Subclass 820/801 with precision and care.
? Call us today: 0280772562
? Book online: toliclawyers.com.au/contact-us
Disclaimer:
The information in this article is provided for general educational purposes only and does not constitute legal or migration advice. Every visa application depends on individual circumstances, and requirements may change over time. Before lodging your application, you should seek personalised legal guidance from a registered migration lawyer or agent to ensure your situation is accurately assessed.
