820 visa requirements: eligibility for the onshore temporary partner visa

Updated 2026-10-14 · General information, not migration advice · Run by the Arrivau team

To be eligible for the subclass 820 Partner visa, you need to be in a genuine relationship with your spouse or de facto partner, who must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. Your spouse or de facto partner must sponsor you, and you must be in Australia when you apply. The Home Affairs page for this visa also sets out several requirements, including a health requirement that you, any members of the family unit, or dependent children who apply for the visa with you must meet.

This guide follows the order of the Eligibility section of the subclass 820 page. It is an unofficial summary, so check the current page before you apply.

Previous cancellations and refusals

The subclass 820 page says you might not be eligible to apply if you do not hold a substantive visa and you have had a visa cancelled or refused. It refers to the Limitations on applications in Australia information for this.

If you do not hold a substantive visa and are eligible to apply, the page says you must do the following:

  • Include a "Sponsorship for a Partner to Migrate to Australia" online form completed by your sponsor. Your sponsor can lodge it using your ImmiAccount or their own ImmiAccount, once they have your Transaction Reference Number (TRN) or Application ID.
  • Provide evidence of your sponsor's status, for example a passport or birth certificate. The page says a driver's licence or Medicare card is not sufficient evidence.
  • Include at least two statutory declarations. Each must be made within the last six weeks by an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and must confirm that you and your sponsor are in a married or de facto relationship.
  • Provide evidence that each declarant is an Australian citizen or permanent resident, or an eligible New Zealand citizen, for example a passport or birth certificate. Again, a driver's licence or Medicare card is not sufficient evidence.

The page says the Commonwealth Statutory Declaration form is available from the Attorney-General's Department.

The page also says that Form 888, "Supporting statement in relation to a Partner or Prospective Marriage visa application", is not a statutory declaration. It says the current and any previous versions of Form 888 are not acceptable for this requirement.

The page states that if this information is not included when you lodge, your application may be deemed invalid. It also says that if you do not hold a substantive visa when you apply, you will have to meet additional criteria to be granted this visa.

Certain regional visas

If you hold, or your last substantive visa was, one of the following, the page says you must have held that visa for at least two years before you can apply:

  • Skilled – Independent Regional (Provisional) (Class UX) visa
  • Subclass 475 (Skilled – Regional Sponsored) visa
  • Subclass 487 (Skilled – Regional Sponsored) visa
  • Skilled Regional Sponsored (Provisional) (Class SP) visa

If you hold, or your last substantive visa was, one of the following, the page says you must have held that visa for at least three years before you can apply:

  • Subclass 491 (Skilled Work Regional (Provisional)) visa
  • Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa

Being in Australia when you apply

The page says eligible applicants must apply for this visa in Australia. Family members who apply with you must also be in Australia.

The page says you can apply if your current or previous visa does not have a condition that prevents further stay, such as condition 8503. It says you might be able to request a waiver of the no further stay condition in some circumstances, and that a waiver must be approved before you can apply. The No Further stay waiver information covers this.

The page advises you to check your visa details and conditions in VEVO before you apply.

Having a sponsor

The page says you, and anyone who applies with you, must have a sponsor when you lodge your application and while you are on this visa. It says your sponsor is usually your partner, and that the department must approve your sponsor.

You cannot change your sponsor. The page says the person who sponsors you when you apply must be the same person who sponsors you for two years after the temporary Partner visa (subclass 820) is granted. It also says your sponsor should apply to sponsor you as soon as possible after you apply.

Prospective Marriage visa holders and former holders

The page says you may still be eligible for the subclass 820 and subclass 801 Partner visas if your relationship ends or your partner dies before you apply. It says all information you provide is confidential, and refers to the Your relationship has changed information.

The page says you will need to be in Australia and apply for the subclass 820 and 801 visas.

If you are experiencing domestic and family violence, the page says you may still be eligible for the temporary and permanent Partner visas. It refers to the Family Violence Provisions information.

Age

The page says married applicants must, in most cases, be 18 or older when they apply. It explains that this is because usually you must be 18 or older to be married under Australian law.

The page says applicants in de facto relationships must be 18 or older when they apply.

Substantive visa and compelling reasons

The page says that if you do not hold a substantive visa when you apply, and you did not previously hold a Prospective Marriage (subclass 300) visa, you must demonstrate that compelling reasons exist for the grant of a Partner visa.

The glossary on the subclass 820 page defines a substantive visa as any visa that allows the holder to remain temporarily in Australia, other than a bridging visa or a criminal justice or enforcement visa.

Relationship requirements

The page says that in most cases you must be the spouse or de facto partner of an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. It says this applies when you make your application and when your application is being decided.

If you are experiencing domestic and family violence, the page says the department may be able to help, and that you can apply for consideration to be granted your temporary and permanent visa. It refers to the Family Violence Provisions information.

Spouse

The page says that to be a spouse, you must be in a married relationship. The glossary describes a spouse as one of two people who are married to each other under a marriage that is valid for the purposes of the Migration Act, where they have a mutual commitment to a shared life as a married couple to the exclusion of all others, the relationship is genuine and continuing, and they live together or do not live separately and apart on a permanent basis. The glossary says a spouse can be someone of the same or different sex.

Forced marriage

The page describes a forced marriage as one where a person, or both people, marry without freely and fully consenting. It says forced marriage is a crime in Australia, and that anyone in, or at risk of, a forced marriage can seek help. It refers to the Attorney-General's Department information on forced marriage.

De facto partners

The page says that to be a de facto partner, you must be in a de facto relationship. The glossary describes this as a relationship where you are not legally married to each other, you are committed to a shared life excluding all others, the relationship is genuine and continuing, you live together or do not live separately and apart on a permanent basis, and you are not related by family.

The page says that usually you must be in a de facto relationship for at least 12 months immediately before you apply. It says time spent dating or in an online relationship might not count as being in a de facto relationship.

The page lists these exceptions to the 12-month requirement:

  • The page says the 12-month requirement will not apply if you can show that compelling and compassionate circumstances exist for you to be granted the temporary Partner visa (subclass 820).
  • The page says the 12-month requirement also will not apply if all of the following are true:
  • your de facto partner holds or held a permanent humanitarian visa
  • your de facto relationship existed before the department granted their visa
  • your de facto partner told the department about the relationship before their visa was granted
  • The page says it also will not apply if you are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa.
  • The page says it also will not apply if you have registered your relationship with an Australian State or Territory authority, such as a registry of births, deaths and marriages.

Health requirement

The page says you, any members of the family unit, and any dependent children who apply with you must meet the health requirement. It says family members who do not accompany you to Australia might also need to meet it.

Character requirement

The page says you, and any family members who apply with you, must meet the character requirement. It says family members who do not accompany you to Australia might also need to meet it.

Debt to the Australian Government

The page says that if you or any family members owe the Australian Government money, you or they must have paid it back or arranged to pay it back. It says this may include family members who do not accompany you to Australia.

Australian values statement

The page says you, and any family members who apply with you who are 18 or older, must:

  • have read, or had explained to them, the Life in Australia booklet
  • sign an Australian Values Statement confirming that you will respect the Australian way of life and obey Australian laws

Best interests of the child

The page says the department might not grant this visa if it is not in the best interests of an applicant under 18.

Cost and processing

The Cost section of the subclass 820 page says concessions apply in limited circumstances. It also says that from 1 July 2026, a lower visa cost applies to eligible Pacific Island and Timor-Leste citizens who lodge a valid application, and refers to the About this visa information. To work out what your visa will cost, use the Visa Pricing Estimator, which does not take into account other costs relating to your visa.

For processing, the page says processing times for Partner visa applications vary, and that the visa processing time guide tool shows processing times for recently decided applications. The page describes this as a guide only and not specific to any application.

Help with your application

The department's pages point to its "Who can help with your visa application" information. The subclass 820 page refers to this information in several sections.

Sources

Checked 11 October 2026

This page is an unofficial summary published by PartnerVisa.help. It is not published by the Department of Home Affairs, and the department's current pages prevail if they differ.