820 Visa (Onshore Partner): Complete 2026 Guide

What Is the 820 Visa and How Does It Work?

The Subclass 820 is a temporary partner visa for people physically in Australia at the time of application. It is always combined with the Subclass 801 permanent partner visa in a single application. The Department first assesses the temporary 820. If your relationship is genuine and ongoing, the 820 is granted and you can remain in Australia with full work rights. The permanent 801 is then assessed automatically at the two-year mark — no new application or fee required. The offshore equivalent pathway is the 309/100: if you are outside Australia when applying, you use the 309 temporary offshore partner visa and 100 permanent visa instead. Key rule: you must be in Australia — along with any family members applying with you — at the time you apply for the 820; applying from overseas is not possible. Home Affairs says you can be either in or outside Australia when the temporary 820 itself is decided.

Who Is Eligible?

Applicant requirements: you must be physically in Australia at lodgement; hold a substantive visa (not a bridging visa); be in a genuine, ongoing relationship with your sponsor. If de facto, the relationship must usually have existed for at least 12 months immediately before applying — Home Affairs says this 12-month requirement doesn't apply if you hold a registered relationship certificate from an Australian state or territory, or if you can show compelling and compassionate circumstances for being granted the visa (some additional exceptions apply where a partner holds a permanent humanitarian visa). Married applicants have no minimum duration requirement but must demonstrate the marriage is genuine. Sponsor requirements: your partner must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen; be willing to sponsor you; not have exceeded the sponsorship limits — Home Affairs can refuse a sponsorship that would be a third partner or prospective marriage sponsorship, or where the sponsor sponsored or was sponsored as a partner within the last 5 years, subject to some exceptions. Both parties must be 18 or older.

Evidence Required: The Four Categories

The Department assesses relationship genuineness across four categories and you must provide evidence in all of them. Financial — joint bank account statements showing regular shared transactions over 12+ months is the gold standard; also include joint loans, shared insurance policies, shared utility bills, evidence of financial transfers between partners. Social — Form 888 statutory declarations from Australian citizens or permanent residents who know you as a couple; the form itself notes you may be asked to submit up to 3 separate statements during processing. Declarations should be specific and personal, not generic. Also include photographs together at events, holidays, and family occasions with dates; evidence of meeting each other's families. Household — lease or rental agreement in both names; utility accounts, bank statements, and government mail addressed to both at the same address; history of shared addresses if you have lived together at multiple locations. Commitment — marriage certificate (married applicants) or registered relationship certificate (de facto); personal statements from both partners independently describing your relationship history, how you met, your daily life together, and future plans; evidence of long-term planning such as shared property or financial arrangements.

Costs in 2026

The combined 820/801 government application fee is AUD $11,710 for the primary applicant — one of the highest in the Australian immigration system. Secondary applicants 18 and over: AUD $5,860 each. Children under 18: AUD $2,935 each. Charges are current as at 1 July 2026. This fee covers both the 820 and 801 stages — no second payment is required when the 801 is assessed. One exception: an applicant who already held a Prospective Marriage (subclass 300) visa and applies for the 820/801 while still holding it pays a much lower charge of AUD $1,955 instead of AUD $11,710. On top of the visa application charge, budget for health examinations (paid directly to the examining clinic) and police certificates for every country lived in for 12 months or more in the last 10 years (fees vary by country and clinic, so check current prices directly) — plus a migration agent's fee if you use one. There's no official fee schedule: under the Code of Conduct an agent must set out a fair and reasonable fee in a written agreement before taking any payment beyond an initial consultation. On Migratio, initial consultation quotes have a median of $220 (686 quotes from 57 agents, September 2026).

Processing Times

For applications decided in the period to 30 June 2026, Home Affairs' own processing-time tool shows the temporary 820 taking 8 months for the fastest 25% of applications, 18 months for the middle (50th percentile), 24 months for the 75th percentile, and 32 months for the slowest 10%. These figures describe applications that have already been decided, not the current queue, and are updated by Home Affairs roughly monthly, so check the current figures before relying on them. Decision-ready applications — with complete evidence, health exams, and police clearances all submitted at lodgement — are generally processed faster than those requiring follow-up requests. Once the 820 is granted, you remain in Australia with full work rights until the 801 is assessed. The 801 permanent stage is triggered automatically approximately two years after original lodgement. If you and your sponsor have been in a genuine relationship for three or more years before lodging (or two or more years with a dependent child), the Department may grant the 801 immediately, bypassing the two-year wait.

After Lodgement: Bridging Visas and Travel

Once you lodge your 820/801 application, a Bridging Visa A (BVA) is automatically granted if your underlying visa expires before the 820 is decided. The BVA carries the same work conditions as your substantive visa. If you need to travel overseas while waiting, apply for a Bridging Visa B (BVB) before departing — without it you cannot re-enter Australia. Once the 820 is granted you can travel freely. At the two-year mark, the Department will contact you to provide updated evidence of your ongoing relationship for the 801 assessment. Prepare this evidence in advance — demonstrating two years of continued shared life is what converts the temporary 820 into permanent residence.

Can I work on the 820 visa?

Yes. The 820 grants full unrestricted work rights. You can work for any employer anywhere in Australia.

What if my relationship ends before the 801 is granted?

If you separate from your sponsor, the 801 will generally not be granted. You must notify the Department. If the separation involved family violence, specific provisions may still allow the 801 — seek urgent migration advice.

Can I include my children?

Yes. Dependent children can be included as secondary applicants at lodgement or added to an existing application.

What is the difference between the 820 and the 309 visa?

The 820 is the onshore partner visa — applied for from within Australia. The 309 is the offshore partner visa — applied for from outside Australia. Both lead to a permanent partner visa (801 onshore, 100 offshore). You choose based on where you are when you apply.

Do I need a migration agent for a partner visa?

Not legally required, but the evidence requirements are complex and the fee is AUD $11,710. A migration agent experienced in partner visas can review your evidence package before lodgement, significantly reducing the risk of delays or requests for further information.