Who this may suit
Spouses and de facto partners considering an application while in Australia, including couples preparing their first application and 820 holders approaching the permanent stage.
Key considerations
- The applicant must be in Australia to apply for the 820/801 pathway. Location at application is different from location at decision: current rules allow the 820 to be granted in or outside Australia.
- Your relationship, your sponsor’s eligibility and your own immigration history all need assessment. Marriage alone does not establish entitlement to a Partner visa.
- The temporary and permanent applications are made together, but permanent residence normally involves a later assessment and updated evidence.
- Check current visa conditions before lodging or travelling. Work rights, lawful stay and permission to return to Australia depend on the visa actually in effect.
How the 820 and 801 stages fit together
Start with an eligibility and visa-status review, then prepare the combined application and the partner’s sponsorship. Home Affairs assesses the temporary 820 first. If granted, it allows you to live, work and study in Australia while the permanent application is considered.
The usual point for permanent-stage assessment is two years after the original combined application, rather than two years after the 820 grant. Exceptions can allow earlier assessment, including qualifying long-term relationships. Becoming eligible for assessment is not a promised decision date.
When appropriate, complete the Stage 2 permanent assessment process in ImmiAccount and supply current documents. Home Affairs still needs to assess the 801 requirements; time passing does not automatically turn an 820 into permanent residence.
Compare 820/801, 309/100 and 300 pathways →
Presenting the relationship clearly
Build a dated account of how your relationship developed, how you live now and what you have planned together. Explain periods apart or unusual arrangements in your own words, supported by records. A useful evidence plan reflects your actual circumstances rather than copying another couple’s application.
- Money: shared expenses, financial support, joint commitments and how you manage day-to-day costs.
- Home: living arrangements, household responsibilities and care of children, where relevant.
- Social life: recognition by friends and family, shared activities and significant occasions.
- Commitment: your history, future plans and how you maintain contact and support when apart.
Prepare your evidence with the Partner visa checklist →
Preparing the application and sponsorship
Review both partners’ identity records, previous relationships and residential and travel history. Provide the relevant marriage, divorce or other civil documents, and organise readable copies and English translations. Supporting statements should describe what the witness actually knows.
The sponsor’s citizenship or residence status needs evidence. Previous sponsorships or being sponsored as a partner can create restrictions. Sponsor police certificates and relevant criminal-history disclosure are also part of the checks; a genuine relationship does not remove these requirements.
Can an unemployed person sponsor a Partner visa? →
Including children and planning changes
Eligible dependent children can be included at application or, subject to the applicable rules, added before the temporary-stage decision. Check each child’s location, dependency, health and character requirements and any consent or court orders needed for migration.
After the 820 is granted, a child who was not included may need a Dependent Child visa 445 before being added to the pending 801 application. A 445 holder must be in Australia to be added to the 801. Complete that step before the parent’s permanent application is decided. Notify Home Affairs promptly about a birth or other family change.
Staying lawful and travelling while you wait
Check the grant letter and VEVO for both your current visa and any bridging visa. Do not assume that lodging the Partner application immediately changes your work conditions. A bridging visa may only start when the substantive visa ends.
A Bridging visa A does not provide return travel. If relying on a bridging visa for an overseas trip, check eligibility for a Bridging visa B and obtain the required grant before departure. Its authorised travel period must cover the return journey.
When tailored advice matters
Get advice before lodging if your visa has expired, you hold a bridging visa, a No Further Stay condition applies, you have a refusal or cancellation history, or you hold a regional visa with application restrictions. Applicants without a substantive visa can face extra validity requirements and additional grant criteria.
Seek advice promptly if the relationship ends, your sponsor dies or there is family violence. Some applications can continue under specific provisions. You do not have to remain in an unsafe relationship to seek help.
How we can help
Ausdirect can help compare the available pathway, review visa and sponsorship issues, build a practical evidence plan, prepare application material and explain the permanent-stage work. We clarify the agreed service scope before starting. Home Affairs makes the decision, and no adviser can guarantee a grant or processing date.
Questions to consider
Do de facto partners always need 12 months together?
A minimum relationship period usually applies, but there are exceptions. A qualifying registered relationship and certain other circumstances can affect that requirement. Registration does not replace the need to establish a genuine de facto relationship; get advice about your facts and timing.
Can we apply after a visit to Australia?
Possibly, but first check the visitor’s visa conditions, eligibility and immigration history. A No Further Stay condition can prevent a valid application unless a waiver is available and approved. Do not plan a move around an assumed waiver.
Will our old evidence be enough for the 801 stage?
Prepare evidence showing what has happened since the original application. Updated living arrangements, financial records, relationship statements and relevant changes help explain your current circumstances. Follow the current permanent-stage checklist.
Is Form 888 the same as a statutory declaration?
No. The current Form 888 is a supporting statement. Special 820 validity rules for some applicants without a substantive visa require statutory declarations that Form 888 cannot replace. Check the correct document and timing before lodging.
Your next step
Bring your current visa grant, both partners’ immigration history, a short relationship timeline and details of any children to your consultation.