Partner Visas in Australia: A Complete Guide to Subclass 820 and 801

<p>For many couples, the Australian partner visa is the most important application they will ever lodge. It is also one of the most complex — requiring extensive documentation, a thorough understanding of the eligibility criteria, and the patience to navigate a process that can take several years from start to finish.</p><p>This guide explains how the partner visa works, what you need to prove, and where applications most commonly go wrong.</p><hr/><h2>What Is the Partner Visa?</h2><p>The Australian partner visa is a two-stage visa pathway for the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. It consists of two linked subclasses:</p><ul><li><strong>Subclass 820</strong> — the temporary stage, which allows the applicant to live and work in Australia while the permanent visa is assessed</li><li><strong>Subclass 801</strong> — the permanent stage, which grants permanent residency once the relationship has been assessed over time</li></ul><p>Both stages are applied for at the same time, in a single application. The Department of Home Affairs assesses the temporary stage first, then the permanent stage after a waiting period — usually two years from the date the application was lodged.</p><p>There is also an offshore equivalent: the <strong>subclass 309</strong> (temporary) and <strong>subclass 100</strong> (permanent) for applicants who are outside Australia when they apply. The eligibility criteria are the same; the key difference is where you are when you lodge.</p><hr/><h2>Who Is Eligible?</h2><p>To be eligible for a partner visa, you must be in a genuine, ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. The relationship must be one of the following:</p><h3>Married</h3><p>You and your sponsor must be legally married under Australian law. Marriages conducted overseas are generally recognised in Australia, provided they were valid under the law of the country where they took place and are not prohibited under Australian law (for example, marriages between close relatives or involving a person who was already married).</p><h3>De Facto</h3><p>You and your sponsor must have been in a genuine de facto relationship for at least 12 months immediately before lodging the application. A de facto relationship means you have been living together on a genuine domestic basis — not simply sharing accommodation for convenience.</p><p>The 12-month requirement can be waived if you are registered under a state or territory relationship register, or if there are compelling and compassionate circumstances.</p><h3>Prospective Marriage (Subclass 300)</h3><p>If you are not yet married or in a de facto relationship, there is a separate <strong>prospective marriage visa (subclass 300)</strong> that allows you to come to Australia to marry your sponsor. Once married, you can then apply for the partner visa onshore.</p><hr/><h2>The Four Pillars of a Partner Visa Application</h2><p>The Department of Home Affairs assesses partner visa applications against four categories of evidence. A strong application provides compelling evidence across all four.</p><h3>1. Financial Aspects</h3><p>Evidence that you and your partner share financial commitments and responsibilities. This can include:</p><ul><li>Joint bank accounts or joint savings</li><li>Joint ownership of property or assets</li><li>Joint names on a lease or mortgage</li><li>Evidence that you support each other financially — for example, one partner paying rent or bills while the other studies or cares for children</li><li>Joint insurance policies</li><li>Wills naming each other as beneficiaries</li></ul><h3>2. Nature of the Household</h3><p>Evidence that you live together or, if separated by distance, that you have a shared household arrangement. This can include:</p><ul><li>Joint lease agreements or utility bills in both names</li><li>Evidence of shared domestic responsibilities — grocery receipts, shared subscriptions, household accounts</li><li>Statutory declarations from people who have visited your shared home</li><li>Evidence of time spent together if you have been living apart due to work or study</li></ul><h3>3. Social Aspects</h3><p>Evidence that your relationship is recognised socially — by family, friends, and the community. This can include:</p><ul><li>Photos of you together at social events, family gatherings, and holidays</li><li>Evidence that you are known as a couple in your social circle</li><li>Invitations addressed to you both</li><li>Statutory declarations from friends and family members who know you as a couple</li><li>Evidence of joint travel</li></ul><h3>4. Commitment</h3><p>Evidence of your mutual commitment to a shared life together. This can include:</p><ul><li>Knowledge of each other's personal circumstances — family background, health, finances, daily life</li><li>Future plans — property purchases, plans to have children, career decisions made jointly</li><li>Evidence of communication during periods of separation — messages, call logs, emails</li><li>Evidence of efforts to maintain the relationship across distance or difficulty</li></ul><hr/><h2>The Sponsor's Role</h2><p>The Australian partner — known as the <strong>sponsor</strong> — plays a critical role in the application. They must be approved as a sponsor by the Department of Home Affairs, which involves a character assessment and a check of their migration history.</p><p>A sponsor may be refused if they have:</p><ul><li>A history of family violence or domestic abuse</li><li>A criminal record involving violence, sexual offences, or child abuse</li><li>Previously sponsored multiple partners within a short period</li><li>Been the subject of a domestic violence order</li></ul><p>These checks are taken seriously. If the sponsor has any history that may be relevant, it is important to seek legal advice before lodging.</p><hr/><h2>Processing Times</h2><p>Partner visa processing times are among the longest in the Australian migration system. As of 2026, the Department of Home Affairs estimates:</p><ul><li><strong>Subclass 820 (temporary stage):</strong> approximately 12 to 24 months for 75% of applications</li><li><strong>Subclass 801 (permanent stage):</strong> assessed after a two-year waiting period from the date of lodgement, with additional processing time on top</li></ul><p>This means the full process — from lodgement to grant of permanent residency — can take three to four years or more.</p><p>While the subclass 820 is being processed, most applicants are granted a <strong>bridging visa</strong> that allows them to remain in Australia lawfully, work, and in most cases travel.</p><hr/><h2>Common Reasons for Refusal</h2><p>Partner visa refusals are more common than many applicants expect. The most frequent reasons include:</p><h3>Insufficient evidence of a genuine relationship</h3><p>This is the most common ground for refusal. A case officer who is not satisfied that the relationship is genuine — or that it is ongoing — will refuse the application. Thin evidence, inconsistencies between the applicant's and sponsor's accounts, or a relationship that appears to have been entered into primarily for migration purposes are all red flags.</p><h3>Character issues</h3><p>Both the applicant and the sponsor are subject to character requirements. A criminal record — particularly for offences involving violence, drugs, or fraud — can result in refusal or cancellation.</p><h3>Health requirements</h3><p>Applicants must meet Australian health requirements. Certain medical conditions may result in a refusal if the cost of treatment to the Australian health system is assessed as too high.</p><h3>Failure to respond to requests for information</h3><p>The Department may issue a <strong>section 56 request</strong> asking for additional information or documents. Failing to respond within the specified timeframe — or providing an inadequate response — can result in the application being decided on the information available, which may mean a refusal.</p><h3>Sponsor not approved</h3><p>If the sponsor is not approved — due to character issues, a history of family violence, or other grounds — the application cannot proceed regardless of the strength of the relationship evidence.</p><hr/><h2>What Happens If Your Application Is Refused?</h2><p>If your partner visa application is refused, you generally have the right to apply for a <strong>merits review</strong> at the Administrative Appeals Tribunal (AAT). The AAT will conduct a fresh assessment of your application and can set aside the Department's decision if it is not the correct or preferable decision.</p><p>Review applications must be lodged within strict time limits — usually 21 days from the date of the refusal decision. Missing this deadline can mean losing your right to review entirely.</p><p>If the AAT also refuses the application, there may be options for judicial review in the Federal Court, though this is limited to questions of law rather than a fresh assessment of the merits.</p><hr/><h2>Can I Include My Children?</h2><p>Yes. Dependent children of the applicant can generally be included in the partner visa application as secondary applicants. Children must meet their own health and character requirements, and there may be additional visa application charges for each secondary applicant.</p><p>If children are included, it is important to ensure their details are correctly recorded in the application and that any relevant documentation — birth certificates, custody arrangements, passports — is provided.</p><hr/><h2>How BC Legal Can Help</h2><p>At BC Legal, our registered migration agents assist clients across Western Australia with partner visa applications. We can help you:</p><ul><li>Assess your eligibility and identify any issues before you lodge</li><li>Compile and organise your evidence across all four relationship categories</li><li>Prepare statutory declarations and supporting statements</li><li>Respond to requests for information from the Department</li><li>Represent you at the AAT if your application is refused</li><li>Advise on alternative visa pathways if the partner visa is not the right option</li></ul><p>Partner visa applications are not straightforward, and the consequences of a refusal — including potential visa cancellation and removal from Australia — are serious. Getting the application right from the start is always the better approach.</p><hr/><h2>Book a Migration Consultation</h2><p>If you are considering a partner visa application, or if your application has been refused, contact BC Legal to arrange an initial consultation with one of our migration advisers.</p><p><strong>Phone:</strong> (08) 6325 5766<br/><strong>Email:</strong> [email protected]<br/><strong>Address:</strong> Suite 4, 203 Stirling Highway, Nedlands WA 6009</p><p><em>This article is intended as general legal information only and does not constitute legal advice. Migration law is complex and changes frequently. You should seek advice from a registered migration agent or solicitor about your specific circumstances.</em></p>