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Onshore Partner Visa (820/801)

Start your life together in Australia.

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Nilesh Nandan
Immigration Lawyer · BBus(Accy) LLB MBA · Last updated March 2026
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Overview

The Onshore Partner Visa (subclasses 820 and 801) is for partners of Australian citizens, permanent residents, or eligible New Zealand citizens who are in Australia at the time of application. This visa allows you to live, work, and study in Australia while your application is processed, and eventually become a permanent resident. I specialise in preparing decision-ready applications that clearly demonstrate the genuine and continuing nature of your relationship, maximising your chances of a smooth and successful outcome.

Verify all deadlines independentlyThe onshore partner visa (820/801) deadlines and time limits referenced on this page are general guidance only and may not reflect your specific circumstances. Appeal periods and response deadlines vary depending on the visa type, the basis of the decision, and how and when the decision was notified to you. Always check your decision letter for the exact deadline that applies to your case and seek independent legal advice before relying on any date. Getting a deadline wrong can permanently affect your appeal rights.

Applying for a partner visa from within Australia involves a two-stage process. First, you are granted the temporary Subclass 820 visa, which allows you to remain in the country with your partner. After approximately two years, the Department of Home Affairs will assess your eligibility for the permanent Subclass 801 visa. This second stage assessment is critical, as you must prove that your relationship is still genuine and ongoing. I provide continuous support throughout this entire journey, from the initial application to the final permanent visa grant.

A common challenge with onshore partner visas is providing sufficient evidence of your de facto relationship or marriage, especially if you have been together for a shorter period. The Department requires comprehensive documentation covering financial, social, and household aspects of your life together, as well as your commitment to a shared future. I work closely with you to compile a compelling body of evidence, including detailed relationship statements, joint financial records, and social media history, to satisfy the stringent requirements.

The processing times for onshore partner visas can be lengthy (verify on Home Affairs website). It is crucial that the application is prepared meticulously to avoid requests for information or potential refusals, which can cause significant stress and further delays. My expertise lies in front-loading the application with all necessary evidence and addressing any potential issues proactively, ensuring the case officer has everything they need to make a positive decision.

Key Facts

Visa Subclasses820 (Temporary) and 801 (Permanent)
Location RequirementApplicant must be in Australia at time of application
Work RightsFull work rights are granted with the Subclass 820 visa
Application FeeFrom AUD$8,850 (verify on Home Affairs website)
Processing TimeVaries significantly; check current estimates on the Home Affairs website

How I Work — Step by Step

1

Initial Consultation

We conduct a thorough assessment of your relationship and circumstances to confirm your eligibility and devise a clear strategy for your application.

2

Evidence Collection

I provide a detailed checklist and guide you in gathering the extensive evidence required to prove your relationship is genuine and ongoing.

3

Application Preparation & Lodgement

I prepare and lodge the Subclass 820 application, including all forms, evidence, and detailed submissions on your behalf.

4

Bridging Visa Grant

Upon lodgement, you will typically be granted a Bridging Visa A (BVA), allowing you to remain in Australia lawfully during processing.

5

Permanent Visa Stage

Approximately two years after the initial application, I assist you in preparing and lodging the evidence for the final Subclass 801 permanent visa assessment.

What I Do

  • Assess your eligibility for the Onshore Partner Visa (820/801).
  • Advise on the specific evidence required to prove your de facto relationship or marriage.
  • Prepare and lodge a comprehensive, decision-ready visa application.
  • Draft compelling personal statements detailing the history of your relationship.
  • Assist with health and character requirements, including police checks.
  • Manage all communication with the Department of Home Affairs on your behalf.
  • Prepare and lodge the second-stage permanent (801) visa application.

Who Is This For?

  • Partners of Australian citizens or permanent residents currently in Australia on another visa (e.g., student or visitor visa).
  • Couples in a de facto relationship for at least 12 months.
  • Married couples who want to secure the non-citizen partner's permanent residency.
  • Applicants who need to transition from a temporary visa to a partner visa without leaving Australia.

Common questions about

Can I apply for a partner visa if my current visa has expired?+
It is very difficult and only possible in very limited circumstances. If you are unlawful, you must meet 'Schedule 3' criteria, which requires compelling reasons for the visa grant. It is critical to seek urgent advice from me to assess your options as strict time limits apply.
What if we haven't been in a de facto relationship for 12 months?+
The 12-month requirement can be waived if you have registered your relationship with an Australian state or territory's Registry of Births, Deaths and Marriages. I can advise you on this process. It can also be waived in certain other compelling and compassionate circumstances.
Can I travel outside Australia after lodging the 820 visa?+
After lodging your application, you are granted a Bridging Visa A (BVA). The BVA does not automatically allow travel. You must apply for a Bridging Visa B (BVB) before you depart Australia. I can assist you with this application.
What happens if our relationship breaks down after the 820 is granted?+
You have an obligation to inform the Department of any change in your circumstances, including a relationship breakdown. In most cases, this will lead to the refusal of the permanent 801 visa. However, there are exceptions, for example, if there is a child of the relationship or if you have experienced family violence. I can provide confidential advice on your situation.

Free Guide: Preparing a Strong Partner Visa Application

This guide walks you through the evidence the Department actually looks at, the most common reasons partner visas get refused, and how to avoid a genuinely concerning relationship finding. Written from 27 years of experience.

This matter has strict legal deadlines. Act immediately.

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The information on this page is general in nature and does not constitute legal advice. Thoughts only — not legal advice.

Important: The information on this website is provided for general informational purposes only and does not constitute legal advice. Immigration law in Australia is complex, fact-specific, and subject to frequent change under the Migration Act 1958 (Cth), the Migration Regulations 1994, and departmental policy. You must seek independent, qualified legal advice tailored to your specific circumstances before making any immigration decision or taking any action. Viewing this website does not create a solicitor-client relationship. Terms of Use | Full Disclaimer

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MyVisa Australia Pty Ltd ABN 65 092 524 359 (service entity for MyVisa Lawyers Pty Ltd ABN 54 607 960 547). Nilesh Nandan is an admitted solicitor and Australian legal practitioner admitted to the High Court of Australia, authorised to provide immigration assistance under the Migration Act 1958. As a legal practitioner regulated by the New South Wales Law Society, Nilesh is not required to be registered with the Office of the Migration Agents Registration Authority (OMARA). Nilesh Nandan BBus(Accy), LLB, MBA, MMIA — Head of Practice. Member: Law Council of Australia · Migration Institute of Australia (MMIA) · MIA Character & Cancellation Advisory Board · MIA Disciplinary Committee 2026 · New South Wales Law Society · Australian Asian Lawyers Association · Ku-ring-gai Chamber of Commerce. *Based on publicly available Google reviews. No other individual immigration lawyer in Australia has more reviews, across more locations, sustained over a longer period, with a comparable satisfaction rating.

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