Temporary partner visa for spouses and de facto partners applying in Australia
The Partner visa (subclass 820) lets you stay in Australia while your permanent Partner visa (subclass 801) is assessed alongside it. You apply for both stages at once: one application, one fee.
Once the 820 is granted, you have full work and study rights. The visa lasts for however long it takes the department to finalise the 801.
That wait is long. The permanent stage isn't even considered until 2 years after you first lodged. Median processing runs well past a year on top of that.
Must hold subclass 820 for 2 years and remain in a genuine relationship; 801 is auto-assessed at the 2-year mark
OpenSame outcome — permanent residency via partner pathway. 820 applies onshore; 309 applies offshore. Cannot hold both simultaneously.
OpenThese are the published requirements for the 820. Check each one applies to your situation.
Most people expect to pay twice: once for the 820, then again when the permanent 801 stage comes around.
You don't. The single $9,365 fee covers both stages.
The permanent stage is assessed automatically 2 years after lodgement as part of the same application. No second form, no second payment.
The department considers the permanent 801 stage 2 years after you first applied, not 2 years after the 820 was granted.
If it took the department 14 months to grant your 820, that time already counted. You don't restart the clock at grant.
This is one of the most commonly misunderstood timelines in the partner visa process. Getting it wrong affects how people plan their lives.
While you're waiting on the 820, if you're granted any other substantive visa during the wait, you permanently lose eligibility for the permanent Partner visa (subclass 801). That includes any work visa, student visa, or other temporary visa.
The rule is explicit: to be granted the 801, you have to be holding the 820 at the time.
This catches people when an employer makes an offer during the long processing wait, or when someone tries to switch to a different arrangement. The consequences are irreversible.
Once the 820 is granted, you can't add family members to the application.
If you have a child during the 820 period (common given how long the wait runs), that child needs to apply for a Dependent Child visa (subclass 445) before they can be included in the permanent 801 stage.
It's an extra step most couples don't know exists until they're already in the middle of it.
If you hold a New Zealand passport and arrive at the Australian border while holding an 820, immigration officers may automatically issue you a Special Category visa (subclass 444).
If that happens, the 444 overrides your 820, and you lose eligibility for the permanent 801 entirely.
The standard advice from migration agents is to tell the border officer you hold a temporary Partner visa and don't want the 444. It's a 10-second conversation, but missing it has permanent consequences.
