820 vs 801 Partner Visa: What’s the Difference?

Australia’s partner visa program allows individuals in genuine relationships with Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia. Among the most common partner visas are the Subclass 820 (Partner Temporary Visa) and Subclass 801 (Partner Permanent Visa). While these visas are closely related, they serve distinct purposes and come with different eligibility criteria, processes, and implications. 

This comprehensive guide explores the differences between the Subclass 820 and Subclass 801 partner visas, covering their features, requirements, application processes, costs, and more to help you make an informed decision.

Overview of the Subclass 820 and Subclass 801 Partner Visas

The Subclass 820 and Subclass 801 visas are part of Australia’s onshore partner visa pathway, designed for individuals who are already in Australia when applying. These visas are typically applied for together as a combined application, but they represent two distinct stages in the journey toward permanent residency.

• Subclass 820 (Temporary Partner Visa): This is a temporary visa that allows the applicant to live in Australia while their permanent visa application (Subclass 801) is processed. It is the first step in the partner visa process for those applying onshore.
• Subclass 801 (Permanent Partner Visa): This is a permanent visa that grants the applicant permanent residency in Australia, typically granted after a two-year waiting period following the Subclass 820 application, provided the relationship remains genuine.

The key difference lies in their temporary versus permanent nature, but there are many nuances to consider, including eligibility, processing times, rights, and obligations.

Key Differences Between Subclass 820 and Subclass 801

To understand the distinctions between these visas, let’s break down their differences across several key areas:

1. Visa Type and Duration

• Subclass 820: A temporary visa that allows the holder to remain in Australia until a decision is made on their Subclass 801 application. The duration is typically tied to the processing period of the Subclass 801, which is often around two years from the date of the Subclass 820 application.
• Subclass 801: A permanent visa that grants indefinite stay in Australia as a permanent resident. Once granted, the visa holder can live, work, and study in Australia without restrictions and has a pathway to Australian citizenship.

2. Eligibility Requirements

Both visas require the applicant to be in a genuine and continuing relationship (either married or de facto) with an Australian citizen, permanent resident, or eligible New Zealand citizen. However, the timing and assessment of eligibility differ:

Subclass 820:

• • Must be in Australia at the time of application.
  • The relationship must be genuine and continuing, supported by evidence such as joint financial commitments, shared living arrangements, social recognition of the relationship, and mutual commitment.
  • Applicants must meet health and character requirements.
  • If the applicant is on a temporary visa (e.g., a visitor or student visa), they must not be subject to a “no further stay” condition (e.g., condition 8503) unless a waiver is granted.
  • De facto couples must demonstrate they have lived together for at least 12 months (unless exempted, e.g., for registered relationships in certain Australian states or territories).

Subclass 801:

• • Applicants must already hold a Subclass 820 visa.
  • The relationship must still be genuine and continuing at the time of the Subclass 801 assessment (typically two years after the Subclass 820 application).
  • Additional evidence may be required to prove the relationship’s ongoing nature, such as updated joint financial records, photos, or statements from friends and family.
  • Health and character checks may be reassessed if new issues arise.

3. Application Process

• Combined Application: In most cases, applicants apply for both the Subclass 820 and Subclass 801 visas simultaneously through a single application. The Department of Home Affairs assesses the Subclass 820 first, and if granted, the Subclass 801 application is placed in a queue for processing after approximately two years.

Subclass 820:

• • Requires a comprehensive application with detailed evidence of the relationship, identity documents, health checks, and police clearances.
  • Applicants receive a Bridging Visa (if their current visa is expiring) to remain lawfully in Australia while the application is processed.
  • Processing times can vary but typically range from 18 to 36 months.

Subclass 801:

• • After the two-year waiting period, applicants are contacted by the Department to provide updated evidence of the relationship’s ongoing nature.
  • No additional application fee is required, as it is covered in the initial combined application.
  • Processing times for the Subclass 801 can take an additional 12 to 24 months after the two-year waiting period.

4. Rights and Entitlements

Subclass 820:

• • Allows the holder to live, work, and study in Australia without restrictions.
  • Provides access to Medicare, Australia’s public healthcare system.
  • Permits travel in and out of Australia (subject to a valid Bridging Visa or travel facility on the Subclass 820).
  • Does not grant permanent residency status, so holders cannot access certain benefits like permanent resident-specific social security payments or sponsor other family members.

Subclass 801:

• • Grants full permanent residency, including all associated rights such as access to social security benefits (subject to waiting periods), the ability to sponsor eligible family members, and eligibility to apply for Australian citizenship after meeting residency requirements.
  • Allows indefinite stay in Australia with no need for visa renewals.
  • Provides a pathway to citizenship, typically after four years of residency in Australia, including at least one year as a permanent resident.

5. Cost

• Both visas are applied for together, so the application fee is a single combined cost. As of 2025, the base application fee for the combined Subclass 820/801 visa is approximately AUD 8,850 (subject to change; check the Department of Home Affairs website for the latest fees).

Additional costs may include:

• • Health examinations.
  • Police clearances from Australia and other countries where the applicant has lived.
  • Translation or certification of documents.
  • Professional fees if using a migration agent.
• Note: No additional fee is required when transitioning from Subclass 820 to Subclass 801, as the initial fee covers both stages.

6. Travel and Re-Entry

• Subclass 820: Holders can travel in and out of Australia, but they must ensure their visa or associated Bridging Visa allows re-entry. A travel facility is typically included with the Subclass 820, valid for multiple entries until a decision is made on the Subclass 801.
• Subclass 801: As a permanent visa, it allows unrestricted travel to and from Australia. However, to maintain permanent residency status, holders must meet the Resident Return Visa (RRV) requirements if they spend significant time outside Australia (e.g., at least two years in Australia in the last five years).

7. Relationship Breakdown

If the relationship ends before the Subclass 801 is granted, the implications differ:

• Subclass 820: If the relationship breaks down, the applicant may need to withdraw their application or notify the Department. In certain cases (e.g., family violence, death of the sponsor, or if children are involved), the applicant may still be eligible for the Subclass 801 under specific provisions.
• Subclass 801: Since this is the permanent visa stage, a relationship breakdown after its grant does not affect the visa holder’s permanent residency status.

The Two-Stage Partner Visa Process

The Subclass 820 and Subclass 801 visas are designed as a two-stage process to ensure the relationship is genuine and continuing. Here’s how it typically works:

Application Submission:

1. • Lodge the combined Subclass 820/801 application with all required documents and evidence.
   • Pay the application fee.
   • If the applicant’s current visa is expiring, they are granted a Bridging Visa to remain lawfully in Australia.

Subclass 820 Assessment:

1. • The Department assesses the application, focusing on the genuineness of the relationship, health, and character requirements.
   • If approved, the Subclass 820 is granted, allowing the applicant to live, work, and study in Australia.

Two-Year Waiting Period:

1. • After approximately two years from the Subclass 820 application date, the Department contacts the applicant to request updated evidence for the Subclass 801 assessment.
   • Evidence may include updated joint financial records, proof of cohabitation, and statements from friends or family.

Subclass 801 Assessment:

• • The Department evaluates the ongoing nature of the relationship.
  • If approved, the Subclass 801 is granted, conferring permanent residency.

Evidence Requirements for Both Visas

Both visas require robust evidence to prove the relationship is genuine and continuing. The Department of Home Affairs evaluates relationships based on four key aspects:

Financial Aspects:

1. • Joint bank accounts, shared bills, or joint ownership of assets (e.g., property, vehicles).
   • Evidence of shared financial responsibilities, such as rent or mortgage payments.

Household Aspects:

1. • Proof of cohabitation (e.g., lease agreements, utility bills, or mail addressed to both partners at the same address).
   • Shared household responsibilities, such as grocery receipts or cleaning schedules.

Social Aspects:

1. • Photos of the couple together at events, holidays, or with family and friends.
   • Statements from friends, family, or colleagues attesting to the relationship.
   • Invitations or correspondence addressed to both partners.

Commitment Aspects:

• • Communication records (e.g., text messages, emails, or call logs).
  • Evidence of long-term plans, such as wills, life insurance policies, or travel plans.
  • For married couples, a marriage certificate; for de facto couples, evidence of a 12-month cohabitation period (unless exempted).

For the Subclass 801, applicants must provide updated evidence to show the relationship has continued during the two-year waiting period. If the couple has children, evidence of shared parenting responsibilities can strengthen the application.

Partner Visa Processing Times

Processing times for both visas can vary based on the complexity of the application, the quality of evidence provided, and the Department’s workload. As of 2025:

• Subclass 820: Typically takes 18 to 36 months to process.
• Subclass 801: Assessed approximately two years after the Subclass 820 application, with additional processing time of 12 to 24 months.

Applicants should check the Department of Home Affairs website for the most up-to-date processing time estimates.

Special Circumstances

Certain situations may affect the application process for either visa:

• Relationship Breakdown: If the relationship ends, applicants may still be eligible for the Subclass 801 under specific circumstances, such as:
  
  • Family violence committed by the sponsor.
  • Death of the sponsor.
  • Custody or care arrangements for children of the relationship.
• Health or Character Issues: Failure to meet health or character requirements can lead to visa refusal. Applicants with medical conditions or criminal records should seek professional advice.
• Exemptions for De Facto Couples: The 12-month cohabitation requirement for de facto couples may be waived if the relationship is registered in an Australian state or territory that recognises de facto relationships.

Pros and Cons of Each Partner Visa

Subclass 820

Pros:

• Allows immediate stay in Australia while the permanent visa is processed.
• Provides access to work, study, and Medicare.
• Grants a Bridging Visa to maintain lawful status during processing.

Cons:

• Temporary status with limited access to permanent resident benefits.
• Requires a two-year wait before permanent residency assessment.
• Uncertainty if the relationship breaks down.

Subclass 801

Pros:

• Grants permanent residency with full rights and benefits.
• Provides a pathway to Australian citizenship.
• No further visa renewals required.

Cons:

• Requires a lengthy two-stage process.
• Additional evidence submission after the two-year waiting period.
• Potential delays in processing.

Tips for a Successful Application

• Provide Comprehensive Evidence: Submit clear, organised, and extensive evidence to prove the relationship’s genuineness. Quality matters more than quantity, but a wide range of documents helps.
• Be Honest and Transparent: Discrepancies or false information can lead to visa refusal and bans.
• Seek Professional Advice: A registered migration agent can help navigate complex cases, ensure compliance, and improve the application’s chances of success.
• Keep Records Updated: Maintain records of your relationship during the two-year waiting period to streamline the Subclass 801 assessment.
• Check Visa Conditions: Ensure your current visa allows you to apply for the Subclass 820 without restrictions.

Frequently Asked Questions

Q: Can I apply for the Subclass 801 directly?

A: No, you must first hold a Subclass 820 visa to be eligible for the Subclass 801. The two visas are part of a combined application process.

Q: What happens if my Subclass 820 application is refused?

A: You may appeal the decision through the Administrative Appeals Tribunal (AAT) within the specified timeframe. Seek legal advice promptly.

Q: Can I include family members in my application?

A: Yes, dependent children or other eligible family members can be included in the application, but additional fees and evidence may apply.

Q: How do I prove a de facto relationship?

A: Provide evidence of a 12-month cohabitation period (unless exempted) and documents covering financial, household, social, and commitment aspects of the relationship.

Conclusion

The Subclass 820 and Subclass 801 partner visas are integral to Australia’s immigration system, offering a pathway for genuine couples to build a life together in Australia. The Subclass 820 provides temporary residency, allowing applicants to live, work, and study in Australia while awaiting permanent residency through the Subclass 801. Understanding the differences between these visas, temporary versus permanent status, eligibility criteria, rights, and processing requirements, is crucial for a successful application.

By preparing thoroughly, providing robust evidence, and seeking professional guidance when needed, applicants can navigate the partner visa process with confidence. For the latest information on fees, processing times, and requirements, always refer to the Department of Home Affairs website or consult a registered migration agent in Australia.