Partner visa (subclasses 820 and 801)

The Partner visas (subclasses 820 and 801) allow the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.

The temporary Partner visa (subclass 820) is granted first and lets you stay in Australia while the permanent Partner visa (subclass 801) is processed.

Eligibility

You must be married or in a de facto relationship with:

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen.

Your marriage must be valid under Australian law. This means you must have parental permission if you are 16 or 17 years of age.

You must have been in a de facto relationship for at least 12 months.

Length of stay

  • On the temporary 820 visa, you can stay until a decision is made on your permanent Partner visa (subclass 801).
  • On the permanent 801 visa, you can stay permanently.

Long term relationship

If, at the time you apply, you have been in a long term relationship with your partner, your permanent Partner visa (subclass 801) visa may be granted immediately after the temporary Partner visa (subclass 820) visa.

If you current visa is about to end

You can stay in Australia on a Bridging visa if you have already lodged your application.

Your relationship

You must be the spouse (married) or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

You might still be eligible if your relationship breaks down after you lodge your application.

Sponsor

You must have a sponsor, who will be your partner, except if your partner is under 18 years of age.

Health and Character

You must meet Australia’s health and character requirements.

Debts to the Australian Government

You must have repaid, or have arranged to repay, any outstanding debts to the Australian government.

Cancelled or refused visas

You might not be able to apply for this visa if you have had a visa cancelled or refused while you were in Australia.

Eligibility criteria for the permanent Partner visa (subclass 801)

You must:

  • hold a temporary Partner visa (subclass 820)
  • continue to be in the spouse or de facto partner relationship unless your relationship has ended and there are special circumstances
  • have complied with all Australian laws whilst on your temporary visa.

Location

You must be in Australia when you lodge your application and when a decision is made on the temporary Partner visa (subclass 820).

You can be in or outside Australia when a decision is made on the permanent Partner visa (subclass 801).

If you are outside Australia when you want to lodge your application, consider either:

  • a Prospective Marriage visa (subclass 300)
  • a Partner visa (subclass 309 and 100).

How long the visa lasts

The Partner visa (subclass 820) is a temporary visa. It lasts from the date it is granted until a decision is made on your permanent Partner visa (subclass 801).

The Partner visa (subclass 801) is a permanent visa – it lasts indefinitely. It starts on the date it is granted.

Family

You can include your dependent children or stepchildren in your application.

If you are granted the visa, your children will have the same rights and visa conditions as you.

Your obligations

You and your children must comply with Australian laws and your visa conditions.

Sponsors

Usually, a sponsor is the spouse or de facto partner of the applicant.

You might not be able to be a sponsor if you hold or have held certain visas and certain circumstances apply to you.

Your sponsorship ends two years after your partner is granted their Partner visa (subclass 820).

This is the case even if the permanent Partner visa (subclass 801) is granted immediately after the temporary 820 visa is granted.

As sponsors have certain obligations.