Written by Gaurav Duggal · Registered Migration Agent · MARN 1805710 · Last updated October 2026
If you are already in Australia and in a genuine relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, the 820 partner visa eligibility rules are the first thing to understand. The 820 is the temporary first stage of the onshore partner visa pathway, and it leads to the permanent subclass 801 visa. This guide explains who can apply, what Home Affairs requires, how applications are prioritised and where to check processing times. It is general information current as at October 2026, based on the Department of Home Affairs website. It does not guarantee any outcome or timeframe, and complex cases need personal advice from a registered migration agent.
What is the 820 partner visa?
Home Affairs describes the Partner visa (temporary) (subclass 820) as a visa that lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards the permanent Partner visa (subclass 801). You stay temporarily until your 801 application is finalised or you withdraw it.
With the 820 you can live, work and study in Australia while the permanent visa is processed, and travel to and from Australia as many times as you want. For the full two-stage pathway, see our onshore partner visa 820/801 page.
Who is eligible for the 820 partner visa?
Home Affairs sets out these main requirements:
- Be in Australia when you apply. The 820 is the onshore stage of the partner pathway.
- Hold a substantive visa. Home Affairs lists this as an eligibility requirement, so check how it applies to your visa history.
- Have an approved sponsor. Your sponsor is usually your partner and must be an Australian citizen, permanent resident or eligible New Zealand citizen. Home Affairs must approve your sponsor.
- Meet the relationship requirements. In most cases you must be the spouse or de facto partner of your sponsor when you apply and when the application is decided.
- Meet health and character requirements. This applies to you and any family members who apply with you, and family members who do not accompany you may also need to meet them.
- Have no debt to the Australian Government. Any debt must be paid back or arranged to be paid back.
- Not have had a visa cancelled or an application refused, unless the limitations on applications in Australia do not apply to you.
Home Affairs also states that you cannot apply if you hold certain regional visas, including the subclass 475, 487, 491 and 494 visas and the older regional sponsored provisional visas listed on its website. Check the list against your own visa history before lodging.
What counts as a spouse or de facto partner?
To be a spouse, you must be in a married relationship. To be a de facto partner, you must be in a de facto relationship, and applicants in de facto relationships must be 18 or older when they apply.
Home Affairs states that you must usually have been in a de facto relationship for at least 12 months immediately before you apply, and that time spent dating or in an online relationship might not count. The 12-month requirement does not apply if you can show compelling and compassionate circumstances, if you have registered your relationship with an Australian State or Territory authority such as a registry of births, deaths and marriages, or in the humanitarian visa situations Home Affairs lists. If you are experiencing domestic and family violence, Home Affairs says it may be able to help under the Family Violence Provisions.
What do you need to lodge with the application?
If you do not hold a substantive visa, Home Affairs says you must include a “Sponsorship for a Partner to Migrate to Australia” form completed by your sponsor, evidence of your sponsor’s status (a driver licence or Medicare card is not sufficient), and further documents it lists on its website. What the evidence needs to show is the part that decides many cases. Our guide on partner visa evidence explains it in detail.
How much does the 820 cost?
Home Affairs lists the cost as from AUD 11,710 for most applicants, and from AUD 1,955 for Prospective Marriage visa (subclass 300) holders, with concessions in limited circumstances. From 1 July 2026 a lower cost applies to eligible Pacific Island and Timor-Leste citizens who lodge a valid application. The Visa Pricing Estimator does not include other costs such as medicals and police certificates. For a full budget, read our partner visa cost and timelines guide.
How are partner visa applications prioritised?
Home Affairs states that partner applications are processed under Ministerial Direction 117, which replaced Ministerial Direction 102 on 25 July 2026. Decision makers must follow the priorities it sets out. The Direction gives highest priority to Family visa applications made while the primary applicant was in Australia, for a visa that can be granted while the applicant is in Australia, and lower priority to applications where the primary applicant is outside Australia at the time of application or must be outside Australia at the time of grant.
Within those categories the order of processing is: applications that have been subject to ministerial intervention; applications by a partner or a dependent child; orphan relatives; contributory parents; carers; and other parents and relatives. Applications may be prioritised in limited circumstances involving special circumstances of a compassionate nature, with compelling reasons to depart from the order, and those decisions are made case by case.
How long does it take?
Home Affairs states that processing times for partner visa applications vary and that applicants may experience longer processing times than expected. It publishes a processing time guide showing recently decided applications, and says this is a guide only and not specific to your application. We do not quote a wait time here because it changes and cannot be promised. When your 820 is granted, the next stage is the permanent visa, which our article on when to apply for the permanent stage covers.
Frequently asked questions
Can I apply for the 820 partner visa from outside Australia?
No. The 820 is the onshore stage. Home Affairs lists being in Australia when you apply as an eligibility requirement. Applicants outside Australia look at the offshore partner visa (subclasses 309 and 100) instead.
How much does the 820 partner visa cost?
Home Affairs lists the cost as from AUD 11,710 for most applicants and from AUD 1,955 for Prospective Marriage visa (subclass 300) holders, with concessions in limited circumstances. From 1 July 2026 a lower cost applies to eligible Pacific Island and Timor-Leste citizens. Use the Visa Pricing Estimator for your own case.
Do I need to have been in a de facto relationship for 12 months?
Usually yes. Home Affairs states you must usually be in a de facto relationship for at least 12 months immediately before you apply, and that time spent dating or in an online relationship might not count. Exceptions apply, including compelling and compassionate circumstances and where you have registered your relationship with an Australian State or Territory authority.
Can I work and study on an 820 visa?
Yes. Home Affairs states that with the 820 you can live, work and study in Australia while your permanent partner visa (subclass 801) is processed, and travel to and from Australia as many times as you want.
How long does a partner visa take?
Home Affairs states that processing times vary, that applicants may experience longer processing times than expected, and that its processing time guide is a guide only. Check the guide for recently decided applications rather than relying on third-party figures.
Can a partner visa application be prioritised?
Home Affairs states that an application may be prioritised if it involves special circumstances of a compassionate nature and there are compelling reasons to depart from the order of priority. Decisions are made case by case.
This article is general information only and is not migration advice. Complex cases need personal advice from a registered migration agent.
Ready to prepare your partner visa application?
Book a consultation with Immigrad and we will check your eligibility and evidence before you lodge.