The partner visa onshore (subclass 820/801) is for applicants already in Australia in a genuine relationship with an eligible sponsor, as Nanak Migration Group, a registered migration agent (MARN 2619467), explains. Compare partner visa offshore (subclass 309/100) and Prospective Marriage (subclass 300) under partner and family visas, prepare partner visa evidence carefully, and understand bridging visas while you wait.
How the Two Stages Work
One lodgement. Two assessments. The 801 is assessed automatically — you never re-apply.
820 vs 309 — Which Applies to You?
Same destination. Same government fee. The only practical difference is where you are at lodgement — and where you must be at the first grant.
* Verified as at 1 July 2026 — verify current fees with the Department of Home Affairs before lodgement.
The Four Evidence Pillars
DHA assesses genuineness across four domains. Select each pillar to see five example documents that count. Strong evidence in all four pillars is critical for both the 820 and 801 stages.
Schedule 3 and the Section 48 Bar
Two legal provisions that can significantly complicate an onshore 820 application. Both require specialist advice before lodgement.
Schedule 3 is triggered when an applicant was not the holder of a substantive visa immediately before lodging the 820 application. In practice this means applicants who let their substantive visa expire (and are holding a Bridging Visa) before lodgement, or who entered on one visa and allowed it to lapse before lodging.
If Schedule 3 applies, the applicant must demonstrate compelling reasons why it would be in the public interest to waive the criteria. This is a genuinely difficult threshold to meet and is assessed case by case.
Common compelling reasons include: length and genuineness of the relationship, Australian-citizen children, significant hardship to the sponsor, and medical or humanitarian circumstances. There is no guaranteed waiver — the decision-maker has broad discretion.
Section 48 of the Migration Act 1958 bars certain applicants who have had a visa refused or cancelled while in Australia from lodging most further visa applications onshore. The bar is triggered by the refusal or cancellation itself — not by the reason for it.
The Subclass 820 is one of a limited class of visa subclasses that is exempt from the s48 bar — meaning you may still be able to lodge an 820 application even if you have had a prior refusal. However, the exemption is not automatic and depends on your specific circumstances.
If a section 48 bar applies to you, you should also understand whether the Administrative Review Tribunal (ART) review option for your prior refusal is still open. Both strategies should be considered together before any lodgement decision.
What Changes at the 801 Stage
The 801 is not a new application — it is DHA reassessing your case automatically. But several things require active attention.
The 2-year rule and timing
The two-year qualifying period runs from the date the original 820 application was lodged — not from the date the 820 was granted. If the 820 takes 24 months to be decided, the 801 assessment could commence shortly after the 820 grant. DHA will write to you when it is ready to assess the 801 stage and will request updated evidence of the relationship.
Evidence refresh for the 801
DHA will want to see evidence of the continuing relationship across the post-820 period. This includes: updated bank statements, evidence of cohabitation, new photos with dates and context, updated statutory declarations from people who know you as a couple, and a narrative describing how the relationship has developed since the 820 was granted. Begin building this file from day one of your 820 grant.
Family violence provisions
If the applicant has experienced family violence perpetrated by the Australian sponsor (or a member of the sponsor's family unit), the 801 may still be granted even if the relationship has ended. The applicant must provide relevant evidence — medical records, police reports, restraining orders, or statutory declarations. Seek specialist advice immediately if this situation applies.
If the relationship ends
If the relationship breaks down genuinely before the 801 is decided, the 801 will generally not be granted — unless the family violence or children exceptions apply. If children of the relationship are involved, DHA has a discretion to grant the 801 in the best interests of those children even if the couple has separated. Document all child-related matters carefully throughout the process.
820 / 801 FAQ
This information is general in nature and does not constitute immigration assistance or legal advice for any individual situation. Requirements including occupation lists, fees and processing criteria change without notice.
Nanak Migration Group Pty Ltd makes no representation that information on this site is complete, current or applicable to your circumstances. Nothing here guarantees, implies or represents any visa outcome, approval likelihood or processing time.
Obtain advice tailored to your situation from a registered migration agent or Australian legal practitioner. Navpreet Aulakh, MARN 2619467, is registered with the Office of the Migration Agents Registration Authority.
Information current as at July 2026. Verify all requirements with the Department of Home Affairs (immi.homeaffairs.gov.au) before lodging any application.