Onshore Partner Visa Australia: What It Is and How the 820/801 Process Works
An Onshore Partner visa (Subclass 820, leading to Subclass 801) lets the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen apply for residency while living in Australia. This differs from the Offshore Partner visa (Subclass 309/100), which must be lodged from outside Australia. This article explains eligibility, the two-stage process, required documents, common mistakes, and how Caspian Legal can help. This is general information only, not legal advice — see the disclaimer below.
What Is an Onshore Partner Visa?
The Onshore Partner visa is a two-stage pathway for the spouse or de facto partner of an eligible sponsor to live in Australia permanently. You apply for both stages in one combined application:
- Subclass 820 (Partner temporary) — the provisional visa granted first, generally with full work and study rights and Medicare access.
- Subclass 801 (Partner permanent) — assessed roughly two years after you first applied, once your relationship continues to meet the criteria.
To apply onshore, you generally need to be in Australia when you lodge the application and, in most cases, when a decision is made. A Bridging Visa is usually granted so you can remain lawfully in Australia while the application is processed.
Onshore vs Offshore: What’s the Difference?
The key difference is where you are when you lodge your application, and this affects which subclass applies:
| Feature | Onshore (820/801) | Offshore (309/100) |
| Where you apply | Must be in Australia to lodge | Must be outside Australia to lodge |
| Temporary visa | Subclass 820 | Subclass 309 |
| Permanent visa | Subclass 801 | Subclass 100 |
| Bridging visa while processing | Generally yes, if lodged validly | Not applicable (you are outside Australia) |
| Can you stay in Australia while it’s processed? | Usually yes, on a Bridging Visa | No — you remain offshore until the visa is granted (with limited exceptions) |
Which pathway applies to you depends on your location and immigration history at the time of application. If you are onshore without a substantive visa, additional criteria under Schedule 3 of the Migration Regulations may apply, and compelling or compassionate circumstances may need to be shown. This is a complex area and case-specific advice is recommended.
Core Eligibility Requirements
Broadly, to be eligible for the Onshore Partner visa you generally need to show:
- You are married to, or in a genuine and continuing de facto relationship with, an eligible Australian citizen, Australian permanent resident, or eligible New Zealand citizen sponsor.
- Your sponsor has lodged, and been approved for, a valid sponsorship application.
- You meet health and character requirements (which may involve police checks and medical examinations).
- You are in Australia at the time of application and, generally, at the time of decision.
- For de facto couples, you can usually show at least 12 months of a genuine de facto relationship, unless an exception applies (for example, a registered relationship).
The Department assesses your relationship against factors including your financial arrangements, the nature of your household, the social context of the relationship, and the nature of your commitment to each other. Evidence is central to a strong application.
Step-by-Step: The Onshore Partner Visa Process
- Confirm eligibility — check both your and your sponsor’s eligibility before applying, including any prior visa refusals or cancellations.
- Gather evidence — relationship evidence, identity documents, police clearances, and (if applicable) evidence of any children or dependants.
- Lodge the combined application — submit online via ImmiAccount, including the sponsorship application and the Subclass 820/801 application together.
- Bridging visa — if validly lodged, you will generally be granted a Bridging Visa allowing you to remain in Australia while the application is assessed.
- Stage 1 assessment (820) — the Department assesses whether your relationship is genuine and ongoing at this point in time.
- Ongoing evidence — as the application progresses, you may be asked to provide updated evidence of your relationship.
- Stage 2 assessment (801) — generally around two years after you first applied, the Department reassesses whether the relationship remains genuine before granting permanent residency.
Document Checklist
| Category | Typical Documents |
| Identity | Passport, birth certificate, national ID |
| Relationship evidence | Joint bank statements, lease/mortgage documents, utility bills, photos, travel records, Statutory Declarations (Form 888) from family/friends |
| Sponsorship | Sponsor’s proof of citizenship/PR/eligible NZ citizenship, sponsorship application |
| Character | Police clearance certificates for each country lived in for 12+ months |
| Health | Migration health examination (as directed by the Department) |
| Family details | Children’s birth certificates, custody or parenting orders (if applicable) |
| Financial | Evidence of shared finances, joint ownership, or financial interdependence |
Document requirements vary by individual circumstances. Always check the current official checklist on the Department of Home Affairs website before lodging.
What Not to Do
- Do not lodge without checking your visa status and any conditions on your current visa — some visa holders are not eligible to apply onshore.
- Do not submit generic or repetitive relationship evidence — the Department looks for genuine, specific, and consistent evidence across categories.
- Do not ignore requests for further information or missed deadlines from the Department — this can lead to refusal.
- Do not assume a previous visa refusal or cancellation has no effect on a new application without checking Public Interest Criteria and any exclusion periods.
- Do not delay seeking advice if your relationship circumstances change (for example, separation, family violence, or a sponsor’s death) — specific provisions may still allow your application to proceed.
Common Mistakes We See
- Treating the 820 and 801 stages as separate applications, when they are lodged together as one combined application.
- Underestimating the amount and quality of evidence needed to show a genuine, ongoing relationship.
- Not budgeting for the time the process can take, or for the possibility of requests for further evidence.
- Missing the difference between the onshore and offshore pathways and lodging in the wrong location.
How Long Does It Take?
Partner visa processing times change periodically depending on Departmental workload and individual case complexity. Current indicative processing times are published on the Department of Home Affairs global visa processing times page — always check this before making plans that depend on visa timing. Time limits and eligibility windows may apply to your circumstances, so it is important to get current advice rather than relying on general timeframes.
Frequently Asked Questions
Do I need to be married to apply for an Onshore Partner visa?
No. You can apply as a de facto partner if you can show a genuine and continuing de facto relationship, generally for at least 12 months, unless an exception applies.
Can I work while my Onshore Partner visa is being processed?
If you are granted a Bridging Visa after validly lodging your application, you will generally have work rights, but this depends on your individual circumstances and any conditions attached to your bridging visa.
What happens if my relationship ends while my application is being processed?
In some circumstances — such as family violence, or where there are children of the relationship — the application may still be able to proceed. Legal advice is strongly recommended if your relationship has broken down.
Is the Onshore Partner visa the same as the Offshore Partner visa?
No. The Onshore Partner visa (820/801) is lodged while you are in Australia. The Offshore Partner visa (309/100) is lodged while you are outside Australia. The criteria are similar but not identical, and Schedule 3 requirements can apply onshore in some situations.
How long do I need to wait for permanent residency (Subclass 801)?
Generally, the Subclass 801 permanent visa is assessed around two years after you first lodged your combined application, provided your relationship remains genuine and ongoing. In some long-term relationship cases, the permanent visa may be considered earlier.
What if my visa application is refused?
Refusal can have serious consequences, including possible review rights and time limits that apply to lodging a review. You should obtain legal advice promptly if your application is refused.
Does Caspian Legal guarantee visa approval?
No. No lawyer or migration provider can guarantee a visa outcome. What Caspian Legal can do is help you understand the requirements, prepare a well-documented application, and explain your options.
How Caspian Legal Can Help
Caspian Legal assists clients with Onshore and Offshore Partner visa matters, including relationship evidence preparation, sponsorship applications, and responses to Departmental requests for further information. We also assist with related family law matters that may affect a partner visa application, such as parenting arrangements. Caspian Legal is based at 22-28 Edgeworth David Ave, Sydney NSW 2077, and assists clients across the Hornsby and Upper North Shore area, including Waitara, Asquith, Wahroonga, Turramurra and Thornleigh.
If you are considering an Onshore Partner visa application, you can book a consultation with Caspian Legal to discuss your options, or call 02 7264 3200 before you lodge.
What Happens at Your First Consultation
At an initial consultation, Caspian Legal will generally review your relationship circumstances and any documents you already have, explain which pathway (onshore or offshore) may apply to you, outline the evidence typically required, and discuss realistic next steps and likely timeframes based on current Departmental guidance.
Risk of Delay
Migration law includes time limits, exclusion periods, and eligibility windows that can affect your options. Delaying advice after a visa refusal, cancellation, or a change in your relationship circumstances may narrow the options available to you. Time limits may apply — seek advice promptly if your circumstances change.
Contact: Caspian Legal Pty Ltd | 22-28 Edgeworth David Ave, Sydney NSW 2077 | Phone: 02 7264 3200 | caspianlegal.com.au | Leave us a Google review
