Partner Visa 820 is a temporary visa that allows Australian partners to live in Australia until
their 801-visa application is processed. Partner Visa 801 is a permanent residency visa
granted to an applicant who demonstrates a genuine and ongoing relationship.
The Partner Visa pathway includes the two phases, Subclass 820 and 801. It allows the
spouse and partner of an Australian citizen, permanent resident, or eligible New Zealand
citizen to live in Australia. Subclass 820 is the temporary visa, and Subclass 801 is the
permanent visa.
This approach simplifies the process and allows you to establish your life with your partner
in Australia. Subclass 801 visa is a pathway to permanent residency and long-term stability,
and Subclass 820 visa grants temporary residency. Both visas allow you to live with your
partner in Australia, with the Subclass 801 visa offering permanent residency.
You must understand the difference between partner visa 801 and 820 to build a successful
future with your spouse in Australia. In this blog, we discuss the differences between
Subclass 820 and 801, and compare their eligibility, application processes, processing times,
benefits, and more.
Overview of the Subclass 820 and Subclass 801 Partner Visas
Subclass 820 and Subclass 801 visas are the onshore partner visa pathway for those who
apply from inside Australia. Applicants usually submit a combined application for both the
Subclass 820 and Subclass 801 visas, which are assessed in two stages.
Subclass 820 (Temporary Partner Visa)
Subclass 820 is a temporary visa that allows candidates to live in Australia until they are
granted a permanent visa. It is the first step in applying for a partner visa onshore.
Subclass 801 (Permanent Partner Visa)
The subclass 801 visa is a permanent visa that grants you permanent residency in Australia.
It is usually granted about two years after the combined 820/801 application date, provided
the relationship remains genuine and ongoing.
Key Differences Between Partner Visa 820 and 801
Even though both visas are part of the same application process, they differ in duration, rights, and timing. Here is a table on the difference between partner visa 801 and 820
| Aspect | Subclass 820 | Subclass 801 |
| Duration | Temporary (till 801 decision) | Permanent (permanent stay) |
| Travel Rights | Unlimited entry and exit | 5-year travel facility, then RRV required |
| Eligibility Timing | Applied immediately onshore | Assessed 2 years after 820 visa application |
| Work & Study Rights | Full work and study rights | Full rights with additional benefits |
| Pathway | Leads to 801 visas | Pathway to Australian citizenship |
These differences highlight how the 820 visa provides immediate support, while the 801 visa secures your future in Australia.
Eligibility and Relationship Requirements for 820 Visa and 801 Visa
It is important to meet the 820 visa requirements and the 801 visa requirements for approvals. Both require genuine relationship proof, but eligibility builds progressively.
Requirements for 820 Visa
To become eligible for a visa subclass 820, here are the requirements to meet.
- You must be in Australia while applying.
- Your sponsor (partner) must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
- You should pass health and character checks.
- You should not have any outstanding debts to the Australian government.
- The age must be 18 or older for both married and de facto applicants.
Requirements for 801 Visa
The requirements for the 801 visa are given below
- You must hold a valid 820 visa or Dependent Child visa (subclass 445).
- Two years must pass since your combined 820/801 application, although this can be waived in long-term relationships or specific cases.
- Continue to meet health, character, and no-debt rules.
- Prove that your relationship is ongoing.
Relationship Requirements
To apply for these partner visas, you must show evidence of a genuine spouse or de facto relationship. For de facto partners, you must prove at least 12 months of living together. The key relationships proof includes
- Financial aspects (joint accounts, bills).
- Household sharing (leases, utilities).
- Social recognition (witness statements via Form 888).
- Commitment (wills, travel history).
Applicants must provide statutory declarations and documents, such as marriage certificates or divorce papers from previous relationships. Forced marriages are not recognised.
Advantages of Subclass 820 and 801 Visas
The two visas offer important benefits, although the advantages increase with permanent residency. Here is a comparison
| Benefit Type | 820 Visa Benefits | 801 Visa Benefits |
| Residency | Temporary | Permanent |
| Work Rights | Full | Full |
| Healthcare | Medicare access | Full Medicare + additional benefits |
| Education | Study without government aid | Eligible for Study Assist |
| Citizenship Path | No | Yes (once requirements met) |
Start Your Partner Visa Application with Confidence
The subclass 801 and 820 partner visa is a step towards establishing yourself in Australia with your partner. With proper documentation and right preparation, you can enhance your chances of success for both visas.
The Pathway Visa Services offers expert guidance for couples navigating the partner visa journey. From document checklists to relationship evidence strategies, we are here to help you every step of the way. Book your free consultation today.
Conclusion
The Partner Visa (subclasses 820 and 801) is designed for partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia. It involves a two-stage process, starting with a temporary visa and leading to permanent residency. Understanding the difference between partner visa 801 and 820 is important to meet the eligibility requirements at the stage you are applying at, and to obtain a permanent visa. Make sure to provide detailed evidence of your relationship and meet all eligibility criteria to increase your chances of a successful application.
FAQs
1. How long does an 820 visa take to be processed?
Ans: The 820 visa takes 12-24 months to process. However, it is recommended that you check with your visa experts for the exact processing timeline.
2. Can I work in Australia on an 820 visa?
Ans: Yes, an 820 visa grants you full work rights, allowing you to work in Australia.
3. What if my relationship ends during the 801-visa application process?
Ans: If your relationship ends during the 801-visa process, then you still qualify under family violence provisions, or if children are involved, notify the authorities immediately about it.
4. Can I include dependants in an 820/801 visa application?
Ans: Yes, you can include dependent children in your visa application, but they must meet the health and character requirements to be eligible.
5. What if my Subclass 820 visa is refused?
Ans: If your visa is rejected, then you can appeal the decision through the Administrative Review Tribunal (ART) in each timeframe and get legal advice promptly.
Also Read: Partner Visa Subclass 820 Success Story: A 3-Year Journey to Australian Residency
