Introduction
The Subclass 820 (temporary) and 801 (permanent) partner visas allow Australian citizens or permanent residents to sponsor their spouse or de facto partner for residence in Australia. Unlike points-based skilled visas, the partner visa assesses your relationship’s genuineness rather than skills or qualifications. The process is two-staged: initial temporary residence for two years (820 visa), followed by permanent residency (801 visa) if the relationship continues.
Relationship Types and Recognition
Both married and de facto partnerships qualify for sponsorship. Australian law recognises:
Married Spouses: You must be legally married, with a valid marriage certificate. Same-sex marriages (recognised since 2017) and mixed-sex marriages both qualify. The marriage must be legal in the country where it took place and recognised under Australian law.
De Facto Partners: You must have lived together in a genuine domestic relationship for at least two years immediately before applying. If you have a child together, the two-year period can be waived. De facto partnerships encompass same-sex and mixed-sex couples.
One critical aspect: polygamous marriages (multiple spouses) are not recognised under Australian law. If you have multiple spouses from concurrent marriages, only one can be sponsored as a partner; others might be considered family members under different sponsorship categories.
Who Can Sponsor: The Australian Sponsor
To sponsor a partner, you must be:
- An Australian citizen or permanent resident (not on a temporary visa)
- At least 18 years of age
- Resident in Australia or intending to reside there
If you’re sponsoring someone as a de facto partner, you or your sponsor must have been resident in Australia for at least two years (with exceptions for certain circumstances).
Sponsors face financial and character obligations. If your sponsored partner becomes dependent on government payments, the sponsor may be required to reimburse the government. Character requirements include no serious criminal history; sponsoring whilst facing charges or convictions can complicate matters.
The Genuine Relationship Test
The cornerstone of a partner visa application is demonstrating that your relationship is genuine and not contrived for migration purposes. Home Affairs examines:
History of the Relationship: How and when you met, the progression from initial contact to commitment, any periods of separation, and plans for the future. Relationships that developed over a very short timeframe (weeks or months before commitment) face closer scrutiny.
Cohabitation: Evidence of living together, such as lease agreements, shared utility bills, council rates notices, or insurance policies listing both parties. For long-distance relationships awaiting visa processing, evidence of visits and communication demonstrates commitment.
Financial Integration: Joint bank accounts, joint loan applications, shared credit cards, or evidence that finances are pooled. Complete financial separation raises questions about whether the relationship is genuine.
Social Recognition: Photographs of you together at social events, wedding or commitment ceremony attendance, statements from family and friends confirming the relationship. In some cultures, formal ceremonies may not occur; Home Affairs recognises varied relationship expressions.
Children or Pregnancy: Having a child together significantly strengthens a relationship claim, as parenthood usually indicates genuine commitment. Pregnancy at the time of application can also support genuineness.
Wedding or Ceremony: Evidence of a formal ceremony (marriage, commitment ceremony, cultural celebration) strengthens the claim, though lack of ceremony isn’t fatal if other evidence confirms genuineness.
Home Affairs considers all circumstances holistically. An application lacking a formal ceremony but with strong cohabitation, financial integration, and social evidence can still succeed.
Documentary Evidence: What You’ll Need
Partner visa applications require extensive documentation:
Identity and Relationship Documents:
- Valid passports for both partners
- Marriage certificate (if married) or statutory declaration of de facto relationship (if de facto)
- Birth certificates for both partners
- Any previous marriage certificates or divorce decrees (if applicable)
Cohabitation Evidence:
- Lease agreements or property titles showing both names
- Utility bills (electricity, gas, water) in both names or showing the shared address
- Council rates notices
- Telephone or internet bills
- Insurance policies (home and contents)
- Electoral roll enrollment showing the shared address
Financial Evidence:
- Joint bank statements (several months)
- Joint loan applications or mortgage documents
- Joint credit card statements
- Evidence of shared household expenses (rent receipts, mortgage payments)
- Tax returns showing the relationship if applicable
Social Evidence:
- Photographs of the couple together, dated if possible
- Social media evidence (Facebook, Instagram with shared posts or relationship status)
- Statements from friends and family confirming the relationship
- Wedding or ceremony photographs and invitations
- Travel records showing trips taken together
Character and Health:
- Police certificates from all countries where either partner has lived >12 months in the past 10 years
- Health examination (if requested by Home Affairs)
- Character references (optional but helpful)
The Two-Stage Process
Stage 1 (820 Visa Application): You and your sponsor submit the initial application to Home Affairs. This application is assessed to determine whether your relationship is genuine and whether you meet health and character requirements. Processing typically takes 12–24 months, though backlogs can extend this. During processing, you can reside in Australia on a bridging visa if your 820 visa hasn’t been decided when your current visa expires.
Once your 820 visa is granted, you receive temporary residence for two years. You can work, study, and live in Australia without restriction during this period, though you remain on a temporary visa.
Stage 2 (801 Visa Application): After two years on your 820 visa, you can apply for the 801 permanent partner visa. This application reassesses the relationship to confirm it has genuinely continued and strengthened during the two-year period. Home Affairs examines whether you still cohabitate, whether finances remain integrated, and whether separation or problems have arisen.
The 801 application typically processes within 6–12 months. Once granted, you’re a permanent resident with all associated rights and responsibilities.
Relationship Changes and Timing
If your relationship ends during the 820 visa period, your visa is cancelled (unless specific exemptions apply, such as if you experienced family violence). If you’ve experienced abuse or control, you may apply for an exception to the cancellation rule; Home Affairs recognises that some relationships involve power imbalances or violence.
If your relationship is stable throughout both stages, progressing to the 801 permanent visa is the expected outcome.
Costs and Processing
Partner visa applications incur substantial costs:
- Application fees: Approximately AUD$4,500–$5,500 (for 820 visa)
- 801 visa fee: Additional AUD$1,500–$2,000 when applying for permanent residency
- Health examination fees (if required): AUD$500–$1,000
- Character certification (police certificates): AUD$50–$200 per country
Some applicants engage migration agents to assist; agent fees range from AUD$1,500–$5,000.
Financial Dependence and Sponsorship Obligations
One aspect often misunderstood: whilst a genuine relationship is the primary criterion, Home Affairs also assesses whether the applicant is financially dependent on the sponsor. If the sponsored partner is capable of self-supporting, the application is stronger.
Conversely, if the sponsored partner has no income or savings and would depend entirely on the sponsor, the application faces closer scrutiny for signs of a transactional (rather than genuine) relationship. Demonstrating that the sponsored partner has employment prospects or is seeking work strengthens the application.
Sponsors may also be required to repay government assistance payments if the partner claims welfare benefits within a certain period (often 10 years) after visa grant.
FAQ
Q: Do we need to have been married for a minimum period before applying? A: No minimum period is required. You can apply immediately after marriage, though very early applications (weeks after marriage) may face additional scrutiny to confirm genuineness.
Q: If we met online, does that harm our application? A: No. Many couples meet online. Home Affairs recognises online relationships as valid. However, you must still demonstrate strong evidence of cohabitation, financial integration, and social recognition after meeting.
Q: Can we apply for both an 820 and 801 visa simultaneously? A: No. You apply for the 820 visa initially. Once it’s granted and you’ve resided in Australia for two years on the 820 visa, you then apply for the 801 visa.
Q: If my partner was previously sponsored by another Australian citizen, does that affect our application? A: No. Previous sponsorship doesn’t disqualify a new application, but Home Affairs may scrutinise the circumstances of previous relationships. If a pattern of short-term relationships emerges, this might raise questions about genuineness.
Q: Do we need a formal wedding ceremony for the visa to be approved? A: Not necessarily. Whilst a ceremony strengthens the application, relationships without formal ceremonies can succeed if other evidence (cohabitation, financial integration, social recognition) is strong.
Q: What happens if my sponsor and I separate before the 801 visa is decided? A: Your 820 visa will typically be cancelled. However, exceptions exist, particularly if you experienced family violence or can demonstrate hardship. Consult an immigration adviser immediately if separation occurs.
Q: Can my de facto partner sponsor me if I’m pregnant but we haven’t lived together for two years? A: Yes. If you have a child together (or are pregnant), the two-year cohabitation requirement for de facto partnerships can be waived.
Q: Do I need to maintain health insurance during my 820 visa period? A: Health insurance is not a requirement, though it’s prudent. Australian public healthcare is available to many temporary visa holders, though some services have restrictions.
Sources
- Department of Home Affairs. 820/801 Partner Visa — www.immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-820-801
- Department of Home Affairs. Genuine Relationship Assessment — immi.homeaffairs.gov.au/help-support/applying/assessing-your-application/genuine-relationship
- Department of Home Affairs. Family Violence and Partner Visas — immi.homeaffairs.gov.au/help-support/contact-us/family-violence-information
- Australian Marriage Equality. Recognition of Same-Sex Relationships — aecf.org.au (general information on relationship recognition)