Australia partner visa: how the 820/801 onshore process works and what evidence you need.

The onshore partner visa is a combined application. You submit one application and pay one fee. Home Affairs assesses the subclass 820 (temporary) stage first. If satisfied the relationship is genuine and continuing, and all other criteria are met, the 820 is granted. Two years after the date of the original application (not the date of 820 grant), Home Affairs assesses the 801 (permanent) stage. At that point, you provide updated evidence that the relationship is still genuine and ongoing.

The two-stage structure means the evidence you submit at lodgement must be strong enough for the 820, and you must maintain records throughout the two-year waiting period for the 801 assessment. Many applicants submit strong 820 evidence but fail to continue documenting the relationship after lodgement — and then struggle to produce updated evidence for the 801 stage. Keep collecting joint bills, updated photographs, joint travel records, and statements from friends throughout the waiting period.

People already in Australia who are in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen and want to apply for permanent residence through the partner visa pathway. Couples who are engaged or newly married and want to understand the evidence standard before applying. Applicants whose circumstances are more complex — recent relationship, age difference, the applicant has overstayed or holds no substantive visa — and who need to assess whether their evidence is sufficient or whether a Schedule 3 waiver is required.

If you are outside Australia, you apply for the offshore subclass 309/100 partner visa instead. This guide covers the onshore 820/801 pathway. If you are in a same-sex relationship, the same rules apply — Australia recognises same-sex marriages and de facto relationships for partner visa purposes. If you are applying as a de facto couple, you must demonstrate at least 12 months of cohabitation before lodgement, unless an exception applies (registration of the relationship under a state or territory law, or compelling and compassionate circumstances).

Home Affairs uses a four-pillar framework to assess whether a relationship is genuine and continuing. Each pillar needs distinct types of evidence. A common mistake is submitting strong evidence for one pillar (e.g. a joint bank account with transactions) and weak or no evidence for another (e.g. no statements from friends and family about the social aspects of the relationship).

Financial aspects. Joint bank account statements showing regular transactions, joint bills (utilities, rent) in both names, joint insurance policies, evidence of shared financial commitments (loan documents, lease agreements), and knowledge of each other's financial circumstances. A joint account that was opened one month before lodgement with minimal transactions is weak evidence — Home Affairs looks for a pattern of financial pooling over time.

Nature of the household. Evidence you live together: correspondence addressed to both partners at the same address, a lease or mortgage in joint names, household bills, and statements describing your living arrangements and division of household responsibilities. Photographs of your home and living space, with both partners present and identifiable, at different times.

Social aspects. How others perceive the relationship: statutory declarations from Australian citizen friends and family (Form 888), photographs with friends and family across different events and time periods, joint travel records, invitations addressed to both partners, and memberships in clubs or organisations that reflect the relationship. Photographs should be dated and include context — a series of selfies with no visible background or date is weaker than photographs at identifiable locations and events.

Nature of the commitment. The depth and duration of the relationship: a written relationship statement from each partner describing how you met, how the relationship developed, your future plans together, and what you know about each other's background, family, and personal circumstances. Evidence of the length of the relationship (date of first meeting, date of commitment), the degree of companionship and emotional support, and whether you see the relationship as long-term.

If the applicant does not hold a substantive visa at the time of lodgement, or held a visa with a "no further stay" condition (8503), Schedule 3 criteria apply. The default rule is that an applicant without a substantive visa cannot validly apply onshore. A waiver of Schedule 3 can be requested on the basis of "compelling reasons."

Compelling reasons are circumstances that would cause significant hardship if the applicant had to leave Australia to apply offshore. Examples that Home Affairs has accepted: a long-standing relationship (several years of cohabitation), an Australian-citizen child of the relationship, the sponsor's serious health condition requiring the applicant's care, or a combination of factors that make offshore application disproportionately burdensome. The reasons must be compelling at the time of application, not hypothetical future hardship.

The waiver is requested in the application and decided by the case officer. If the waiver is refused, the application is invalid and the fee may not be refundable. If you need a Schedule 3 waiver, prepare a detailed written submission explaining the compelling reasons with supporting evidence. A bare statement that "it would be difficult to apply offshore" is insufficient — you need specific, evidenced hardship.

The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen. The sponsor must not have been convicted of a relevant offence (child-related or violent offences may disqualify them). The sponsor must provide an Australian police check and a signed sponsorship form (Form 40SP). The sponsor must not have previously sponsored more than one other partner visa applicant, and at least five years must have passed since the previous sponsorship (with some exceptions — death of the previous partner, abandonment with children of the relationship).

If the sponsor was themselves granted a partner visa, they must wait five years from the date of their own partner visa application before sponsoring a new partner. The sponsor's residency status is checked against Home Affairs records — providing false information about the sponsor's citizenship or residency is a refusal ground.

Carlos, a 32-year-old Brazilian national, entered Australia on a student visa in 2020. He met Sarah, an Australian citizen, in 2022. They moved in together in early 2023. Carlos completed his studies in late 2024 and his student visa expired. He did not apply for a further visa and became unlawful. After several months, Carlos and Sarah consulted a migration agent about the partner visa. The agent identified that Carlos needed a Schedule 3 waiver because he held no substantive visa at the time of lodgement.

The application included: evidence of cohabitation since early 2023 (joint lease, utility bills, correspondence to both at the same address across two properties), a joint bank account with regular salary deposits and shared expenses over 18 months, statutory declarations from four Australian-citizen friends (Form 888), a relationship statement from each partner detailing their meeting, relationship development, and future plans, photographs with friends and family spanning 2 years, and a detailed Schedule 3 submission arguing that the 3-year relationship duration, their financial interdependence, and the hardship of separating to apply offshore constituted compelling reasons. The Schedule 3 waiver was granted and the 820 was approved 14 months after lodgement.

• Evidence concentrated at one point in time. A joint bank account opened one month before lodgement, a lease signed the week of application, photographs all from the same event. Home Affairs wants evidence distributed across the entire relationship, not clustered at the application date.
• Missing one or more pillars entirely. Strong financial evidence with no social evidence (no Form 888s, no third-party statements). The four pillars are assessed together — a gap in one pillar weakens the entire application.
• De facto couples with less than 12 months cohabitation. Unless the relationship is registered under a state or territory law, or there are compelling circumstances, the 12-month cohabitation requirement is strict. Lacking it is an automatic refusal.
• Overstaying without addressing Schedule 3. An applicant who is unlawful at lodgement must request a Schedule 3 waiver with compelling reasons. Lodging without a waiver request or with insufficient reasons results in an invalid application.
• Not maintaining evidence after lodgement. The 801 stage requires updated evidence two years later. If you stop collecting evidence after the 820 is granted, you will have nothing to submit for the 801.

For the student-to-permanent-residence pathway overview including the partner visa as an alternative to skilled migration, read the student to PR pathways guide. For the subclass 500 visa conditions that affect your ability to apply onshore, read the visa conditions guide. For Australian police check requirements, read the health and character requirements guide.