Onshore partner visa · Subclass 820
Subclass 820 Partner Visa — the onshore partner visa, from lodgement to permanent residence
The 820 partner visa lets the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen stay in Australia while the permanent 801 is decided. You apply for both in one application, from inside Australia. This guide covers the partner visa 820 requirements, cost, timing, bridging visas and the Schedule 3 rules that decide whether you can apply onshore at all.
What is the subclass 820 partner visa?
The Subclass 820 is the temporary stage of Australia's onshore partner visa. You apply for the 820 and the permanent 801 together, while you are in Australia. The 820 lets you live, work and study here until the 801 is decided, usually two years after you apply. One visa charge covers both stages.
Key facts
- From 1 July 2026 the partner visa charge is AUD 11,710 for the main applicant. It covers the 820 and the 801, and there is no second instalment.
- You must be in Australia, and not in immigration clearance, when you apply. The 820 itself can be granted while you are in or outside Australia.
- The 801 is usually decided two years after you applied. The wait does not apply if you were already in a long-term relationship when you applied.
- If you do not hold a substantive visa when you apply, the Schedule 3 criteria apply. They can be waived only for compelling reasons.
- A sponsor can have at most two partner sponsorships approved in a lifetime, five years apart. The limit can be waived in compelling circumstances affecting the sponsor.
- The 820 carries no visa conditions. You can work and study without restriction while it is in force.
What is the difference between partner visa 820 and 801?
Together they make up the partner visa subclass 820/801, the onshore partner visa Australia offers to couples already here. They are two stages of one application. You lodge them together, pay once, and the Department decides them at different times. The 820 temporary partner visa comes first. The 801 permanent partner visa follows once the relationship has been re-checked.
| Feature | Subclass 820 | Subclass 801 |
|---|---|---|
| Type | Temporary | Permanent |
| When decided | First, after the relationship is assessed | Usually two years after you applied |
| What it gives you | Stay, work and study until the 801 is decided | Permanent residence, with a five-year travel facility |
| Visa charge | Nil on its own | The combined charge is paid on this stage, at lodgement |
| Where you can be at grant | In or outside Australia | In or outside Australia |
Read more about the permanent stage on our Subclass 801 partner visa guide. If your partner is outside Australia, the offshore equivalent is the Subclass 309 partner visa.
Who can apply for the 820 partner visa?
The 820 visa requirements come in three parts: the relationship, the sponsor and where you are when you apply.
The relationship
You must be married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The relationship must be genuine and continuing, with a mutual commitment to a shared life to the exclusion of all others. The Department weighs four areas together: your finances, your household, how others see you as a couple, and your commitment to each other.
The sponsor
Your partner sponsors you. They must be an Australian citizen, permanent resident or eligible New Zealand citizen, aged 18 or over, and able to give the sponsorship undertaking to support you. The sponsorship limits below apply to every partner sponsor.
Can a New Zealand citizen sponsor a partner?
Only if they are an eligible New Zealand citizen, a permanent resident or an Australian citizen. Most New Zealand citizens in Australia hold a special category visa, and only some of those are “protected”. A New Zealand citizen is protected if any of these applies:
- they were in Australia as a special category visa holder on 26 February 2001;
- they spent 12 months or more in Australia as a special category visa holder in the two years before 26 February 2001, and returned after that date; or
- Services Australia has assessed and certified them as a protected special category visa holder.
A New Zealand citizen who first arrived after 26 February 2001 is usually not protected, so cannot sponsor a partner yet. There are two ways forward. Since 1 July 2023, a New Zealand citizen on a special category visa is treated as a permanent resident for citizenship purposes, so they can apply for Australian citizenship directly once they meet the residence requirement, then sponsor as a citizen. Or they can obtain a permanent visa first. In the meantime, a partner who is not a New Zealand citizen may be able to live in Australia on a temporary New Zealand Citizen Family Relationship visa (Subclass 461), which does not lead to permanent residence. Services Australia can confirm whether a New Zealand citizen is protected.
Where you are
A partner visa onshore application must be made while you are in Australia, and not in immigration clearance. If your current visa carries a no-further-stay condition such as 8503, you cannot apply onshore unless it is waived first. If you hold no substantive visa, read the Schedule 3 section below before you do anything else.
How much does a partner visa 820 cost?
One charge covers both stages. The 820 partner visa cost is paid on the 801 part of the combined application, at the time you apply. From 1 July 2026 the charges are:
| Applicant | Charge (AUD) |
|---|---|
| Main applicant | $11,710 |
| Each additional applicant 18 or over | $5,860 |
| Each additional applicant under 18 | $2,935 |
| Second instalment | Nil |
A lower charge applies to some applicants, including holders of a passport from a Pacific-regional country and people who married after holding a prospective marriage visa. Budget as well for medical examinations, police certificates and certified translations. Government charges rise each 1 July, so confirm the figure on the Department's pricing estimator before you pay. Our professional fee is quoted separately at consultation.
How long does it take to get a partner visa 820?
The Department publishes a current processing time for the 820, and it changes month to month. We do not print a figure here because it would be out of date before you read it. Check the Department's processing times guide for the partner visa 820 processing time on the day you apply.
What moves the time is within your control more than people expect. A complete application with consistent evidence, health checks done promptly and fast answers to any request for information is decided sooner than one that needs chasing. The 801 then follows, usually two years after you applied. If you had been together for three years when you applied, or two years with a child of the relationship, the Department can grant the 820 and 801 at the same time.
Is partner visa 820 permanent residency?
No. The 820 is a temporary visa that lasts until the 801 is decided or the application is withdrawn. It carries no visa conditions, so you can work and study without restriction, but permanent residence comes only with the 801.
Bridging visas while you wait
If you apply while holding a substantive visa, you are usually granted a Bridging Visa A that keeps you lawful once your current visa ends. A Bridging Visa A does not let you travel and return. For overseas travel before the 820 is granted, apply for a Bridging Visa B first. If you applied without a substantive visa, you may be granted a Bridging Visa C, which has no travel rights at all. Read our guide to other visas, including bridging visas.
If you have had a visa refused in Australia
A previous refusal usually stops you applying for most visas onshore. A partner visa is one of the exceptions, but extra lodgement requirements apply, including a sponsorship form signed by your partner. Get advice before you lodge, because an invalid application does not give you a bridging visa. See our guide to the section 48 bar.
What are the Schedule 3 criteria for a partner visa?
Schedule 3 is a set of extra criteria for people who apply for an onshore partner visa without holding a substantive visa. That includes anyone who has overstayed and anyone whose only visa is a bridging visa, because a bridging visa is not a substantive visa. The Schedule 3 partner visa rules decide whether you can be granted the visa without first leaving Australia.
| The criterion | What it means |
|---|---|
| The 28-day rule | You applied within 28 days of your last substantive visa ending |
| Beyond your control | You became unlawful because of factors beyond your control |
| Compelling reasons to grant | There are compelling reasons for granting the visa |
| Past compliance | You substantially complied with the conditions of your previous visas |
| Entitled at the time | You would have been entitled to the visa when your last substantive visa ended |
| Future compliance | You intend to comply with the conditions of the visa you are applying for |
The Schedule 3 waiver: compelling reasons
If you cannot meet these criteria, the Department does not have to apply them where it is satisfied there are compelling reasons not to. This is the Schedule 3 waiver. The courts have held that all circumstances up to the time of decision count. A genuine relationship, or the hardship of separating while you apply from overseas, is not in itself a compelling reason, because every partner applicant has those. Circumstances such as an Australian citizen child of the relationship can be.
If you entered Australia on a prospective marriage visa, married your sponsor and later became unlawful, you are exempt from Schedule 3. See our Subclass 300 prospective marriage visa guide.
What is the 5-year rule for partner visa sponsorship?
Partner sponsorship is limited, and the limit applies to the sponsor, not the applicant.
- A person can have at most two partner or prospective marriage sponsorships approved in their lifetime.
- A sponsor cannot be approved again until five years have passed since they applied to sponsor a previous partner.
- A sponsor who was themselves granted a visa as someone's partner cannot sponsor until five years after they applied for that visa.
The Department can waive the limit where there are compelling circumstances affecting the sponsor. Check this before anything else if your partner has sponsored before or came to Australia on a partner visa.
How do you apply for the onshore partner visa?
- Check you can apply onshoreConfirm your visa has no no-further-stay condition, whether Schedule 3 applies, and whether a past refusal affects you.
- Check the sponsorship limitsConfirm your partner has not reached the lifetime or five-year limit.
- Build the relationship evidenceGather evidence across finances, household, social recognition and commitment, with a clear timeline.
- Prepare statements and formsBoth partners' statements and supporting declarations from people who know you as a couple.
- Lodge online and pay onceLodge the combined 820 and 801 application in ImmiAccount while you are in Australia.
- Respond, then prepare for the 801Complete health and police checks when asked, answer any request promptly, and keep evidence for the permanent stage.
If the relationship ends
You must tell the Department. In limited cases the application can still continue: where your sponsor has died, where you have experienced family violence by your sponsor, or where you share responsibility for a child of the relationship. These cases need careful evidence. If you are unsafe, contact 1800RESPECT on 1800 737 732.
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Subclass 820 partner visa — frequently asked questions
What is the difference between partner visa 820 and 801?
The 820 and 801 are two stages of one onshore partner visa application. You lodge and pay for both at once. The 820 is the temporary stage, decided first, which lets you live, work and study in Australia. The 801 is the permanent stage, usually decided two years after you applied, once the Department has re-checked that the relationship is genuine and continuing. If you were already in a long-term relationship, both can be granted together.
How long does it take to get a partner visa 820?
The Department publishes a current processing time for the 820 in its processing times guide, and it changes monthly, so check it on the day you apply. Your own file affects the time more than most people expect: consistent evidence, prompt health checks and quick answers to any request all help. The permanent 801 then follows, usually two years after the date you applied, not the date the 820 was granted.
Is partner visa 820 permanent residency?
No. The 820 is a temporary visa that lasts until the permanent 801 is decided or the application is withdrawn. It carries no visa conditions, so you can work and study without restriction. Medicare eligibility is decided separately by Services Australia. Permanent residence starts only when the 801 is granted. If you were in a long-term relationship when you applied, the Department can grant both visas together.
How much does a partner visa 820 cost?
From 1 July 2026 the government charge for the combined 820 and 801 application is AUD 11,710 for the main applicant, AUD 5,860 for each additional applicant aged 18 or over and AUD 2,935 for each additional applicant under 18. There is no second instalment. Some applicants pay a lower charge. Medicals, police certificates and translations cost extra, and charges rise each 1 July.
What are Schedule 3 criteria?
They are extra criteria for onshore partner visa applicants who do not hold a substantive visa when they apply, including people on a bridging visa or who have overstayed. You must have applied within 28 days of your last substantive visa ending, have become unlawful through factors beyond your control, and show compelling reasons and past compliance. The Department can decide not to apply them if there are compelling reasons.
Can you provide a sample Schedule 3 waiver submission?
We do not publish a template, because a Schedule 3 waiver submission has to be built around your own facts. A strong submission explains how and why you became unlawful, what has happened since, why the circumstances are compelling rather than the ordinary hardship every partner applicant faces, and the evidence for each point. A copied submission is usually easy for a case officer to spot and gives the waiver little weight.
What is the 5-year rule for partner visa sponsorship?
A sponsor can have at most two partner sponsorships approved in their lifetime, and cannot be approved again until five years after they applied to sponsor a previous partner. A sponsor who came to Australia on a partner visa cannot sponsor until five years after they applied for that visa. The Department can waive the limit in compelling circumstances affecting the sponsor, so check it before you lodge.
What are the new partner visa rules for Australia in 2026?
The main change is cost: from 1 July 2026 the charge for the main applicant rose to AUD 11,710. The Department also works through family visa applications in an order set by a ministerial direction on family visa processing priorities, which was updated in 2026. The relationship test, the sponsorship limits and the Schedule 3 criteria did not change. Check the Department's partner visa pages for anything announced after this page was reviewed.
Can I apply for an 820 if my visa has expired?
Possibly, but Schedule 3 will apply because you no longer hold a substantive visa. You need to meet its criteria, including applying within 28 days of your visa ending, or show compelling reasons for them to be waived. Applying late, or on a visa with a no-further-stay condition, creates problems that are very hard to fix afterwards. Get advice before you lodge, not after.
Can I travel while my 820 is being processed?
If you are on a Bridging Visa A, you need a Bridging Visa B before you leave Australia, or you may not be able to return. A Bridging Visa C gives no travel rights. Once the 820 is granted, you can travel in and out of Australia while it is in force. Plan any trip around health checks and requests from the Department so your application is not held up.
Do we need to be married for a partner visa?
No. You can apply as a spouse or as a de facto partner. A de facto relationship must usually have lasted at least 12 months before you apply, and both partners must be 18 or over. The 12 months does not apply if your relationship is registered under an Australian state or territory law, or if there are compelling and compassionate circumstances such as a child of the relationship.
Can a New Zealand citizen sponsor a partner visa?
Only an eligible New Zealand citizen can, meaning one who is a protected special category visa holder. Broadly, that is a New Zealand citizen who was in Australia on 26 February 2001, or spent 12 months here in the two years before it. A New Zealand citizen who arrived later usually needs to become an Australian citizen or permanent resident first. Since 1 July 2023 they can apply for citizenship directly once they meet the residence requirement.
Related partner visa guides
Most partner visa problems are settled before you lodge.
A free eligibility check tells you whether you can apply onshore, whether Schedule 3 or the sponsorship limits affect you, and what to fix first.
Visa Advisor is a MARA-registered visa agent in Sydney, NSW, advising onshore and offshore partner visa applicants across Australia.
Sources and last checked dates
- Migration Regulations 1994 — Schedule 1 item 1214C (820 validity) and item 1124B (visa application charge, including the 1 July 2026 amounts), Compilation No. 288, 1 July 2026 (F2026C00667) read 23 September 2026 open ↗
- Migration Regulations 1994 — Schedule 2 Parts 820 and 801, Schedule 3 criteria 3001, 3003 and 3004, regulation 1.20J (sponsorship limitation) and regulation 2.03A (de facto relationships) read 23 September 2026 open ↗
- Department of Social Services — Social Security Guide 9.1.3, New Zealand citizens (protected special category visa holders), and Social Security Act 1991 s 7 checked 23 September 2026 open ↗
- Australian Citizenship (Permanent Resident) Determination (LIN 22/103), as amended by LIN 23/024 — New Zealand special category visa holders as permanent residents for citizenship; Migration Regulations 1994 reg 1.03 and Schedule 2 Part 461 read 23 September 2026
- 1800RESPECT — national domestic, family and sexual violence counselling service, 1800 737 732 checked 23 September 2026 open ↗
- Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32 — Schedule 3 compelling reasons held 23 September 2026
- Department of Home Affairs — Partner visa (apply in Australia) (subclass 820 and 801) checked 23 September 2026
- Department of Home Affairs — Family visa processing priorities checked 23 September 2026 open ↗
Information is general only and is not migration advice for your circumstances. No outcome is guaranteed.