Subclass 820 Visa Requirements
The minimum requirements of the Subclass 820 visa are set out below. Please note that the 820 visa is the first part of the subclass 801 visa.




If your application is based on a marriage:

  • you must be legally married to an Australian citizen, permanent resident or eligible New Zealand citizen

If your application is based on a de facto relationship:

  • you must have been in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen for at least 12 months prior to lodging your application (unless there are compelling or compassionate circumstances) AND
  • you and your partner must both be at least 18 years old, and must not be closely related

In all cases:

  • you and your spouse/partner must be in a mutually exclusive relationship;
  • that relationship must be genuine and continuing
  • you and your spouse/partner must either live together, or live apart on a temporary basis only



Your sponsor must:

  • be an Australian citizen, permanent resident or eligible New Zealand citizen
  • not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)
  • not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances)
  • provide police clearance certificates to the Department of Home Affairs (DHA) for each country in which he/she has lived for at least 12 months during the last 10 years AND consent to the DHA disclosing any conviction for a ‘relevant offence’ to you and any family members included in your application.


Note: A relevant offence includes, but is not limited to: offences involving violence, intimidation, breaching a protection order, people smuggling, human trafficking and dangerous weapons.

Your sponsor will NOT be eligible to sponsor your visa application if he/she has a conviction for a relevant offence AND a significant criminal record. If you are concerned about any offences you may have, please book a consultation with us as soon as possible to discuss your best course of action!



Your Partner visa application is lodged with the Department of Home Affairs (the DHA) on behalf of you and your sponsor. The main criterion is that the relationship and your sponsor meet the requirements referred to above. In addition, you must meet the standard health and character checks.

Following lodgement of your application, you and your spouse/partner may be asked to attend an interview with the DHA. In some cases the DHA may visit your place of residence and/or conduct other checks to verify your relationship.

You must be in Australia both at the time your application is lodged, and when your visa is granted.


Unlawful Applicants

If you are unlawfully in Australia at the time of your application, you must demonstrate that there are compelling reasons to justify the regularising of your immigration status.

Acceptable ‘compelling reasons’ could include an inability to attain lawful status due to reasons outside your control e.g. severe illness or incapacity. The existence of a genuine de facto partnership or marriage, or hardship that you would suffer should you be required to live apart from your spouse or partner whilst you apply for your visa, are not generally considered to be ‘compelling reasons’ for this purpose.


Visa Grant

This visa, allows you to remain in Australia until your application for permanent residency has been decided by the DHA.


Next Steps: Permanent Residency Subclass 801 Visa

You will be eligible for permanent residency two years after lodging a successful temporary partner visa application, provided your de facto partnership or marriage continues to meet the requirements listed above. At this stage, you will be required to provide further evidence to the DHA to establish your eligibility for permanent residency. You may be either in or outside Australia when your permanent visa is granted.


Now you know the subclass 820 visa requirements, do you want to get the ball rolling on your application? Of course you do! Book your Telephone, Zoom or Face to Face (Sydney & Melbourne) consultation now! Click here to book.


Based on 260 reviews.
Charity Keal
Charity Keal
29. June, 2022.
I have had the best experience with Charisse she took away all the stress i had with my sons application she has good communication skills,always reply in time and making sure you're on the right truck with the paperwork i cant wait to reunite with my son.I highly recomend AHWC Thank you Charisse you're the best
Gabby Apolo
Gabby Apolo
23. June, 2022.
Overall, positive experience. Very quick and responsive. Charisse helped me apply for work rights as I wait for my partner visa. Got it the next day after applying.
Charitha Subasingha
Charitha Subasingha
21. June, 2022.
It was an absolutely positive experience working with AHWC. My initial consultation was with Seamus Taaffe who provided exceptional and accurate information based on my case. My case was then handed over to the appropriate lawyer who happened to be Patrick Douglas. Patrick was excellent throughout the process. He was professional, knowledgeable, communicative, answered any questions I had and even set up a quick appointment when I requested it urgently. Patrick was an absolute pleasure to work with. Paralegal Carlota Jiminez who provided assistance was helpful as well. I would recommend AHWC to anyone who is looking to apply for their visa
Jeysson Gonzalez
Jeysson Gonzalez
19. June, 2022.
A massive THANKS to Alice O’Brien, She was so helpful every single time that We had a single or small question. Alice will help you in everything. I will recommend her or AHWC’s team. Thank you Alice for your hard work during our journey. 🇨🇴🇦🇺🦘
George Lawson
George Lawson
17. June, 2022.
Fantastic from beginning to end - many thanks Patrick, Maggie, and all.
gurpreet singh
gurpreet singh
15. June, 2022.
Amazing job by Alice Obrien in my PR process. Very professional and knowledgeable.
Patricia Rosemberg
Patricia Rosemberg
6. June, 2022.
My experience with AHWC Immigration Law has been quite amazing. Charisse Ongoco managed my case and she has been nothing short of outstanding. My visa was granted in record time and I couldn't be happier! Anyone out there in need of assistance with their visa process, do not hesitate to contact AHWC ASAP!
Linda Nguyen
Linda Nguyen
4. June, 2022.
Thank you AHWC, especially Patrick who helped us through the process of applying for a Prospective Marriage Visa. We had many questions and moments of uncertainty but Patrick was there to guide us, he was professional and prompt with his communication which put us at ease. The visa was granted in just 4 months. Thank you Patrick and AHWC!
Oliver Huang
Oliver Huang
30. May, 2022.
We would like to say a massive thank you to Xiaodan and Clarisa, it was an incredible journey. They've always been super professional, friendly and helpful throughout the process. Also, the AHWC online portal was amazing! Thanks again Xiaodan and Clarisa for your amazing job!
Sam Carratt
Sam Carratt
3. May, 2022.
Amazing! We had our 309 partner visa granted in under 8 weeks, couldn’t be happier with the result. Thanks to Xiaodan and Clarisa for handling our application they made it super easy and answered all our questions along the way.