The partner visa is one of the most common visas we help clients with, and also one of the most misunderstood. Here are the questions we’re asked most often about applying for a partner visa in Australia.

What is the difference between the subclass 820 and 801 partner visas?

The partner visa is a two-stage process. The subclass 820 is the temporary visa you’re granted first, usually while your application is being assessed and you’re living in Australia. After a qualifying period (generally two years from when you lodged your application, unless you’re exempt), the Department assesses your relationship again and, if approved, grants the subclass 801 permanent visa. You lodge one combined application and one fee covers both stages.

How long does a partner visa take to be processed?

Partner visa processing times vary depending on the Department’s current caseload and how complete your application is, and can range from under a year to several years for the temporary (820) stage. The Department of Home Affairs publishes indicative processing times, but these are only a guide. A well-prepared application with strong, well-organised evidence from the outset generally avoids delays caused by requests for further information.

What evidence do I need to prove a genuine relationship?

The Department looks at four main categories: the financial aspects of your relationship (joint accounts, shared expenses), the nature of your household (living arrangements, shared responsibilities), the social aspects (how you present as a couple to family, friends and the community), and the nature of your commitment to each other (such as the length of your relationship, knowledge of each other’s circumstances, and future plans together). Strong applications include evidence across all four categories, not just one or two.

Can I apply for a partner visa if I’m not married?

Yes. You can apply as a de facto partner if you’ve been in a genuine relationship for at least 12 months before applying (with some exceptions, such as if you’re registered as a couple under a prescribed law, or there are compelling reasons for a shorter period), or as a married partner regardless of how long you’ve been married, provided the relationship is genuine and continuing.

What happens if my relationship ends while my partner visa application is being processed?

If your relationship breaks down before the visa is decided, you’re generally required to notify the Department, and in most cases the application cannot proceed on that basis. There are some exceptions, including provisions for applicants who have experienced family violence. If this happens to you, it’s important to get advice on your options as early as possible.

Can my children be included in my partner visa application?

Yes, dependent children can generally be included as additional applicants on your partner visa application, subject to meeting the relevant requirements.

Every partner visa application is different, and getting the evidence right from the start makes a real difference to your outcome. Get in touch with our migration team to talk through your situation.