Legal help: An Australian migration lawyer with Australian Migration Lawyers can check your visa history, Schedule 3 position and section 48 declarations before you lodge or reply. A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, separate from the Home Affairs visa application charge.
820 facts card
| Label | Value |
|---|---|
| Visa | Partner (Temporary) (Class UK) visa, subclass 820 |
| Where you must be | In Australia when you apply, with family applying with you; in or outside Australia when it is decided |
| Government charge | $11,710 base for the combined 820/801 application from 1 July 2026; nil on the 820 itself; $1,955 for an eligible current Prospective Marriage visa holder |
| Processing time (Department, pulled 3 October 2026) | 25% in 19 months · 50% in 22 months · 75% in 26 months · 90% in 30 months |
| While you hold it | Live, work and study in Australia; travel in and out as often as you want; apply for Medicare |
| What comes next | The permanent 801, ordinarily assessed from two years after the combined application |
The card summarises Home Affairs’ subclass 820 page, Schedule 1 of the Migration Regulations 1994 and the Department’s Global visa processing times. Processing figures describe recently decided applications, not a promised deadline.
What is the 820 visa?
The 820 is a temporary visa for a sponsored spouse or de facto partner applying in Australia. Home Affairs’ subclass 820 page says it lasts until the permanent Partner visa application is finalised or withdrawn.
Under Schedule 1 items 1214C(2) and 1124B(2) of the Migration Regulations 1994, the 820 itself has a nil application charge: the charge is paid with the combined permanent-stage application. The broader partner visa requirements explain the relationship and sponsorship framework.
Onshore partner visa: the 820 is the onshore route
“Onshore” describes where you apply. Under Schedule 1 item 1214C(3)(c) and clause 820.411 of the Migration Regulations 1994, you and family members applying with you must be in Australia at application, but can be in or outside Australia at decision; the offshore equivalent is subclass 309.
Ministerial Direction No. 117 puts applications made in Australia for visas grantable here ahead of offshore applications. Home Affairs’ partner visa guidance describes onshore 820/801 applications as having the highest priority. Priority is a processing order, not a guaranteed decision date.
Who can apply for the 820?
The main eligibility checks are:
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A qualifying relationship. Sections 5F and 5CB of the Migration Act 1958 require a genuine and continuing spouse or de facto relationship. Regulations 1.09A and 1.15A require consideration of financial, household, social and commitment aspects.
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An eligible sponsor. Clause 820.211 of the Migration Regulations 1994 ordinarily requires sponsorship by your partner, who must be an Australian citizen, permanent resident or eligible New Zealand citizen aged 18 or over. A parent or guardian can sponsor where the spouse is under 18.
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Presence in Australia. Schedule 1 item 1214C requires you and accompanying applicants to be in Australia when applying.
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De facto relationship duration. Regulation 2.03A ordinarily requires the relationship to have existed for the 12 months immediately before application. Exceptions include a relationship registered under a prescribed state or territory law, compelling and compassionate circumstances, and specified humanitarian circumstances.
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Age requirements. Regulation 2.03A requires both de facto partners to be at least 18 at application; Home Affairs’ subclass 820 page says married applicants must be 18 or over “in most cases”.
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Regional visa restrictions. Schedule 1 item 1214C(3)(g)–(h) requires applicants whose current or last visa is a subclass 491 or 494 to have held it for at least three years.
The applicable health, character and integrity criteria—including PICs 4001, 4007 and 4020—also apply under clauses 820.223–226 of the Migration Regulations 1994.
820 and 801: one application, two stages
The difference is status: 820 is temporary; 801 is permanent. The Migration Regulations 1994 provide for a combined application and separate decisions, not an automatic conversion.
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Lodge both applications together. Apply online through ImmiAccount and pay the combined charge, as Home Affairs’ partner visa guidance requires.
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The Department decides the 820. A grant gives you temporary partner visa status while the permanent application remains pending, under clause 820.511.
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The 801 is assessed from the two-year point. Ordinarily, clause 801.221(2) requires two years since application, continued holding of the 820, sponsorship and the partner relationship. Home Affairs’ subclass 801 page says to submit stage-two documents only then—not before.
Under clause 801.221(6A), the wait can be bypassed if, at application, the relationship had lasted three years, or two years with a dependent child of both partners. The 801 can then be granted straight after the 820. Conversely, clause 820.511 means an 801 refusal ends the 820.
For what happens after an 820 grant, see subclass 801.
Changing to an onshore partner visa from another visa
Changing visa pathways depends on your status and conditions at lodgement—not simply on having an Australian partner.
If you hold a substantive visa (student, work, visitor):
Yes, subject to the other application rules. Home Affairs’ subclass 820 page says a substantive-visa holder at lodgement receives a Bridging visa A, which starts when that visa ends. Section 5 of the Migration Act 1958 excludes bridging visas from the definition of a substantive visa.
If your visa has condition 8503:
No, not before an approved waiver. Home Affairs’ subclass 820 page requires the waiver first. Regulation 2.05(4) requires compelling and compassionate circumstances arising since visa grant, beyond your control, causing a major change.
Home Affairs’ No Further Stay waiver page says marriage or starting a de facto relationship with a citizen or permanent resident is not a waiver reason. The ART cannot review a waiver refusal, and requesting a waiver does not keep you lawful.
If you no longer hold a substantive visa:
Yes, an application can be made, but additional criteria apply. Clause 820.211(2)(d) of the Migration Regulations 1994 applies Schedule 3 criteria 3001, 3003 and 3004 unless the Minister is satisfied there are compelling reasons not to apply them.
Criterion 3001 includes a 28-day application requirement after the relevant day, usually when your last substantive visa ended. Criterion 3004 includes factors beyond your control, compelling reasons for grant and previous compliance; lodging within 28 days does not alone satisfy Schedule 3. A former subclass 300 holder who entered on that visa and married the sponsor has a separate pathway outside Schedule 3.
After a refusal or cancellation in this stay:
Yes, potentially, where section 48 applies. Regulation 2.12 prescribes the onshore partner classes despite the section 48 bar. However, Schedule 1 item 1124B excludes applicants refused a partner visa since last entering Australia.
Item 1124B also requires the signed sponsorship and two statutory declarations at lodgement, made within the previous six weeks by citizens, permanent residents or eligible New Zealand citizens other than your partner. Home Affairs’ subclass 820 page expressly says Form 888 does not satisfy this requirement.
As at 3 October 2026, the proposed visitor-visa onshore application restriction is not law: Schedule 1 item 1214C of the Migration Regulations 1994 contains no such bar.
Your rights on the 820 (work, Medicare, travel)
Home Affairs’ subclass 820 page lists these rights and features:
- Live, work and study in Australia while the 801 is processed.
- Travel to and from Australia as often as you want while holding the 820.
- Apply for access to Medicare. Eligibility depends on your circumstances; access is not automatic.
- Attend free English classes through the Adult Migrant English Program if eligible.
- Use a digitally linked visa. It is linked to your passport, with no physical visa label.
These are 820-holder rights after grant; Home Affairs’ Bridging visa A and B guidance says a BVA does not permit departure and return, so you need a BVB for return travel while relying on a bridging visa.
Bridging visas while the 820 is processed
A bridging visa covers the waiting period; it is not the 820 itself. Home Affairs’ bridging visa pages distinguish the following arrangements.
| Visa | Who gets it | Travel |
|---|---|---|
| Bridging visa A | An applicant holding a substantive visa at lodgement; starts when that visa ends | Does not permit return travel |
| Bridging visa B | An eligible applicant needing travel; Home Affairs advises applying two weeks to three months before departure | Leave and return within the granted travel period |
| Bridging visa E | An applicant who was unlawful, or held a BVE or BVD, when applying for a substantive visa | Ends immediately on departure |
Clause 010.511 of the Migration Regulations 1994 ordinarily ends a BVA 35 days after refusal if no review is sought. Schedule 1 item 1302 and Home Affairs’ price data set the BVB charge at $575, or $195 for the Pacific concession. See the 820 bridging visa guide.
820 cost and processing time
Cost: $11,710 base, plus $5,860 per additional adult and $2,935 per child under 18, under Schedule 1 item 1124B of the Migration Regulations 1994 from 1 July 2026. Qualifying current subclass 300 holders pay $1,955; qualifying former holders without a substantive visa pay $2,475. The eligible Pacific and Timor-Leste base rate is $9,600. Home Affairs’ subclass 820 page says refusal does not trigger a refund; see partner visa cost.
Processing time: 50% within 22 months, with 25%, 75% and 90% within 19, 26 and 30 months respectively in Home Affairs’ Global visa processing times data pulled 3 October 2026—a guide only, not specific to your application; see partner visa processing time.
Is visa 820 considered PR?
No. Home Affairs’ subclass 820 page describes a temporary visa held until the 801 application is finalised or withdrawn; permanent residence requires an 801 grant.
How long is it from visa 820 to 801?
Ordinarily, eligibility starts two years after the combined application—not the 820 grant. Home Affairs’ processing guide, pulled 3 October 2026, showed half of 801 applications decided within eight months and 90% within 19 months from eligibility.
How much does a partner visa 820 cost?
Schedule 1 of the Migration Regulations 1994 sets the combined base charge at $11,710 from 1 July 2026, with nil on the 820 alone and $1,955 for an eligible current Prospective Marriage visa holder.
Can I leave Australia on an 820 visa?
Yes, repeatedly while holding it, according to Home Affairs’ subclass 820 page. Before grant, a BVA does not allow return travel; Home Affairs’ BVB guidance requires a BVB with a valid travel period.
Can an 820 visa be refused?
Yes. Home Affairs’ Migration Program report 2024–25 records refusals in 6.1% of partner decisions overall—not just 820 decisions.
Under sections 347 and 347A of the Migration Act 1958, an eligible 820 review applicant must be physically in Australia and ordinarily apply within 28 days of notification, or 14 days if detained. The ART’s 2025–26 caseload statistics record 61% of finalised 820 reviews as set aside; that is not a visa-grant rate or a prediction for your case.
When an onshore application needs a lawyer
The lodgement date matters. A lawyer can check your visa history against the Schedule 3 criteria, identify the 28-day requirement and examine evidence relevant to compelling reasons under clause 820.211 of the Migration Regulations 1994.
Other checks include whether an 8503 waiver is already approved and whether section 48 declarations meet the six-week limit. Home Affairs’ waiver page confirms there is no ART review of a waiver refusal; Schedule 1 item 1124B makes the section 48 documents lodgement requirements.
If the relationship ends before the 801 decision, clauses 801.221(5)–(6) provide conditional death, family violence and child-related exceptions. A lawyer can check which provisions and evidence are relevant; see partner visa break up.
Before paying the application charge, ask an Australian migration lawyer to check substantive-visa status, any 8503 waiver and section 48 declarations as at the 820 lodgement date.