Love knows no borders—but immigration law certainly does. For couples seeking to build their future together in Australia, understanding the intricacies of the Subclass 820 Partner visa can make the difference between smooth sailing and unnecessary delays. If you’re currently in Australia and in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, this guide is for you.
What Is the Subclass 820 Visa?
The Subclass 820 visa is a temporary partner visa for people who are onshore (already in Australia) and are in a spouse or de facto relationship with an eligible Australian partner. This visa allows you to live, work, and study in Australia while your application for the permanent Subclass 801 Partner visa is processed.
This is part of a two-stage application process, combining both temporary (Subclass 820) and permanent (Subclass 801) stages in one submission.
Key Eligibility Criteria
To apply for the Subclass 820 visa, you must:
Same-sex couples are fully eligible following Australia’s legalisation of same-sex marriage in 2017.
Special Considerations and Challenges
If you currently hold or previously held a Skilled Regional Provisional visa (e.g. Subclass 475, 487, 489, 491, or 494), you’ll need to meet additional conditions, such as holding the regional visa for a minimum period (typically 2–3 years) before applying for a Subclass 820 visa.
This is designed to prevent “visa hopping” from regional to partner visas and preserve the integrity of regional migration programs.
Applicants who do not hold a substantive visa at the time of application may still be eligible, but must usually satisfy Schedule 3 criteria, which include demonstrating compelling reasons for remaining onshore. These rules are strict, and simply being in a relationship or experiencing separation hardship is usually not enough.
However, if you’re in this situation, legal expertise can often make or break your application. Engaging a migration professional is highly recommended.
Compassionate Circumstances: Your Story Matters
Under Ministerial Direction 102, immigration officers can consider compelling or compassionate reasons to prioritise partner visa applications. These include serious medical conditions, family separation, or risk of harm. If your case involves hardship, it’s crucial to present this in a clear and well-documented way.
Sponsorship Requirements
Your sponsoring partner must:
The sponsorship must be approved and remain in force at the time of decision.
What You Can Do While on a Subclass 820 Visa
Once granted, a Subclass 820 visa allows you to:
No additional visa conditions (like “No further stay”) are usually imposed, making it one of the more flexible visa options for partners.
Avoiding Pitfalls: Common Mistakes to Watch For
How We Can Help
At Heenan & Browne Visa and Migration Services, we specialise in partner visa applications and have extensive experience navigating complex cases—from Schedule 3 waivers to bridging visa transitions and sponsorship limitations.
Whether you’re applying from a student visa, holding a Bridging Visa, or facing visa expiry, we provide:
Ready to Take the Next Step?
Let us help you turn your Australian love story into a permanent reality. Book a consultation today and find out how we can assist you in your Subclass 820 Partner visa journey.
Disclaimer: This article provides general information only. For advice tailored to your situation, please speak with a registered migration agent or legal professional.
