How to apply for a Partner Visa if you’re in Australia (Onshore)

Navigating the partner visa application process in Australia can be incredibly complex. From assessing your eligibility to comparing visa subclasses, it's easy to get lost in a sea of tabs and confusing legal lingo.

If you're currently in Australia and wondering how to apply for a partner visa, you're in the right place. Here, we'll walk you through the visa subclasses you need to know, along with step-by-step instructions to take you from a temporary to a permanent partner visa—the start of your pathway to Australian citizenship.

A 1-minute guide to onshore partner visas in Australia

• Visa categories: You'll start with a subclass 820 visa (temporary), and two years after your temporary visa is approved, you can apply for a subclass 801 visa (permanent). In some cases, you may receive your temporary visa and permanent visa at the same time, such as if you’re in a long-term relationship.
  
  
• Basic eligibility requirements: You must be the spouse or de facto partner of or in a civil relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen and applying while in Australia.
  
  
• Cost estimate: From AUD$9,095.00 (combined visa application fee)
  
  
• Processing time estimate: As of May 2024, 50% of applications for temporary onshore partner visas are processed within 13 months, while 90% are processed within 45 months.

Unpacking Australia's onshore partner visa categories

Think of the 820 visa and the 801 visa as a package deal for onshore partner visa applicants: you can only progress to a permanent partner visa once you've had the temporary partner visa. Plus, the costs of your permanent visa application are combined with your temporary visa application.

Once you secure a permanent partner visa, you’ll also have permanent residency in Australia. You’ll then be able to apply for Australian citizenship once you’ve been a permanent resident for at least one year and in Australia for four years.. 

While it might seem like a long time away, now is the time to be thinking about your long term goals if your ultimate aim is to become an Australian citizen. 

About partner visa subclass 820 (temporary)

If you're submitting an application for a partner visa while in Australia (a.k.a. onshore), you'll start off with an 820 visa. Not only does this allow you to live in Australia temporarily, but it's the first step towards securing a permanent visa, too.

The eligibility requirements for an 820 visa include:

• You must be in Australia when submitting your visa application
• You must be 18 years or older (in most cases)
• You'll need to prove you're in a genuine relationship with your spouse or de facto partner (who needs to be an Australian citizen, Australian permanent resident or eligible New Zealand citizen)
• Your marriage needs to be valid under Australian law
• Your partner must be willing to act as a sponsor for your application
• You must currently hold a substantive visa, including working visas, visitor visas and student visas (if you hold a bridging visa, there is extra criteria you’ll need to meet)
• You must meet the Australian government's relationship, health and character requirements
• You must not owe any debt to the Australian government
• You must sign the Australian values statement

A big part of the partner visa process in Australia is meeting the government's relationship requirements, which differ depending on whether you're married or in a de facto relationship.

💡 Matilda Tip: Did you know dependent children can be included in your 820 partner visa application? Generally, your family members must be under 18 years of age, unmarried, under your custody and financially dependent on you to qualify.

Keep Reading: Dive into our complete guide to applying for a partner visa for a deeper look into the eligibility requirements for Australian partner visas. 

About partner visa subclass 801 (permanent)

After two years on an 820 visa, you can make things permanent by moving to the second stage of processing for an 801 visa. To secure a permanent partner visa, you'll need to provide additional documents to the Australian Government (usually relationship evidence, such as a joint bank account or marriage certificate).

As you'd expect, you need to be able to show that you're continuing to meet the relationship requirements to receive a permanent visa (such as being in a genuine relationship with mutual commitment and a shared life that excludes all others). But there are still pathways to a permanent visa if your relationship has changed, too.

💡 Matilda Tip: In some cases, you might not need to wait two years to receive a permanent visa and may even be granted a permanent partner visa immediately (with no need to submit new documents). This typically applies if you've been in a long-term relationship or marriage when applying for your 820 visa (meaning you’ve been in a de facto relationship or marriage for at least three years, or more than two years if you share a dependent child).

A step-by-step guide to applying for an onshore partner visa

There is a lot to consider when preparing your onshore partner visa application. From gathering and organising your supporting documents to understanding what level of detail you need to provide, navigating the process alone can be incredibly time-consuming.

In our ultimate guide to applying for a partner visa, we run you through everything you need to consider, including a more detailed version of this step-by-step application guide. For a more consolidated overview of the application process, dive into the summary below.

Part 1: How to apply for an 820 visa (temporary)

Before you submit your 820 visa application, wrangle all the paperwork, ensure these documents are translated into English, and you have clear, scanned copies on hand. 

You’ll need to provide evidence aligned with the four pillars of Australia’s partner visa program, including:

1. Financial Aspects: From shared bank accounts to joint ownership of major assets, it’s helpful to provide evidence of financial aspects to prove that you share and pool your finances as a couple and pay for living expenses together.
   
   
2. Nature of Household: Evidence of living together, sharing household utility bills or receiving mail addressed to both of you are common ways to show that you share household responsibilities as a couple.
   
   
3. Social Aspects: Demonstrating a shared life is key to proving the social aspects of your relationship. Evidence can include supporting statements from friends or loved ones, joint travel plans or photo evidence of attending events as a couple.
   
   
4. Nature of Commitment: You’ll also need to be able to show the nature of your commitment, including letters, relationship statements and even the terms of your wills that demonstrate the length of your relationship, significant events you’ve shared and your level of commitment to each other.

For a complete list of all the supporting documents you’ll likely need to wrangle, check out our comprehensive checklist below. 

Keep in mind that not every piece of evidence is going to be relevant to your application, which is why working with an RMA can be helpful (as they’ll be able to streamline this process, reduce your workload and narrow down what documentation is relevant for your specific application).

Ready to apply? Follow these steps:

1. Login or create an ImmiAccount.
2. Choose 'New application'.
3. Select the 'Family' category.
4. Select 'Stage 1 - Partner or Prospective Marriage Visa'.
5. Fill out your application and attach any supporting documents.
6. Pay the visa application charge.
7. Submit your application.
8. Draft and submit the sponsor application using their own ImmiAccount.

💡 Matilda Tip: Make sure to share your transaction reference number (TRN) with your sponsor, as they'll need to use this when applying to sponsor you.

Part 2: Progressing to an 801 visa (permanent)

If you score a permanent visa immediately after your temporary partner visa is approved, good news: you've now received permanent residency status. 

If not, you'll need to wait two years from the date you apply for your temporary partner visa to submit the documents for your permanent 801 visa. Here's how:

1. Login to your ImmiAccount.
2. Choose 'New application'.
3. Select the 'Family' category.
4. Select 'Stage 2 - Permanent Partner Visa Assessment'.
5. Fill out your application and attach any supporting documents.

With this permanent visa, you automatically become a permanent resident with full working rights and the ability to apply to become an Australian citizen after a certain period of time (typically, you’ll become eligible to apply one year after your permanent partner visa is approved and four years after being in Australia).

Onshore partner visas vs other partner visas

Learn more about the other partner visa pathways available with our complete guides to:

• Offshore partner visa (subclass 309 and subclass 100)
• Prospective marriage visa (subclass 300)

👀 Keep Reading: Learn everything you need to know with our ultimate guide to applying for a partner visa in Australia.

Onshore partner visa FAQs

How long can you stay on an 820 visa?

As a temporary partner visa holder, your 820 visa will remain valid until a decision is made on your permanent 801 visa. Usually, you’ll need to wait two years before you can submit the required documents to progress your permanent partner visa application.

Once your 801 visa is approved, you’ll be able to stay in Australia permanently (with the opportunity to apply for Australian citizenship at a later date). However, if you face visa refusal, you’ll need to secure another type of Australian visa before your 820 visa expires.

Can you access Medicare with an onshore partner visa?

Yes, you can access Australia’s public healthcare system through Medicare while on [[this] 801 or 820] visa.

Can you travel outside of Australia whilst on an onshore partner visa?

Yes, you can travel to and from Australia as many times as you like while holding an onshore partner visa. 

Once you’ve submitted your 820 visa application, can you add more information or supporting documents? 

Yes, you can add additional information or supporting documents after submitting your 820 visa application. 

We recommend ensuring you upload the key documents needed at the time of submitting your application (such as proof of marriage, evidence of living together for 12 months and a civil registered relationship certificate). But you can continue to bolster your application as new evidence comes in, such as monthly utility bills. 

Keep in mind that the crucial snapshot in time is the day you apply, so all eligibility criteria will be assessed against your circumstances on that day.

What happens if you break up on an 820 visa?

One of the key visa conditions of an 820 visa is being in a committed relationship (to the exclusion of all others) with your Australian partner. So, what happens if your relationship breaks down?

There are a few scenarios where you may still be eligible for a permanent 801 visa even if you and your partner are no longer together. This includes if you have experienced domestic or family violence from your sponsor during your relationship, if you have a child from this relationship or if your sponsor has passed away.

To figure out the best path forward for your unique situation it is generally best to speak to a registered migration agent who can point you in the right direction.

Can you work full-time on an 820 visa?

Yes, you can work full-time with an 820 visa. Under this current visa, you gain full work rights and are protected by Australian workplace law.

What is the processing time for an 820 partner visa in Australia?

As of May 2024, 50% of applicants for an 820 partner visa (temporary) are processed within 13 months, with 90% of applicants processed within 45 months.