- By Saurabh Smar, Principal Solicitor, Global Vision Migration Lawyers
- 17 Jul, 2026
If you're applying for a Partner Visa Subclass 820 in 2026, you already know the stakes. This visa lets you stay in Australia with your husband, wife or de facto partner while the Department of Home Affairs decides your future together. A poorly prepared application can mean months of uncertainty, requests for more evidence or, worse, a refusal that puts your relationship and your life in Australia on hold.
At Global Vision Migration Lawyers, we prepare partner visa applications for couples across Melbourne and Australia every week. This guide sets out exactly what the Department expects in 2026, where applications most often go wrong and how a properly built case gives you the best chance of a smooth grant.
What the Partner Visa Subclass 820 Actually Is
The Subclass 820 is the temporary, onshore stage of Australia's partner visa pathway. You must be in Australia when you lodge, and you must remain in Australia when the 820 decision is made. It is lodged together with the permanent Subclass 801 as a single combined application and a single government fee, so when people talk about “the partner visa,” they generally mean the 820/801 pathway as a whole rather than two separate applications.
Once the 820 is granted, you can live, work and study in Australia while the Department assesses your case for the permanent 801 stage. For couples who have been together for three years—or two years with a dependent child—at the time of lodgement, both the 820 and 801 can sometimes be granted together, skipping the usual waiting period.
Who Is Affected by This Pathway
This visa is relevant to anyone who is married to, or in a de facto relationship with, an Australian citizen, permanent resident or eligible New Zealand citizen, and who is onshore in Australia at the time of lodgement.
De facto couples generally need to show they have lived together for at least twelve months before applying, though this can be shortened where the relationship is registered under state or territory law or where the couple has a dependent child together. Same-sex relationships are recognised on the same basis as opposite-sex relationships.
Your sponsor, usually your partner, also needs to meet eligibility requirements of their own, including character checks and a formal commitment to support you financially and with accommodation during the application process.
The Four Aspects of the Relationship the Department Actually Assesses
Rather than asking you to simply declare that your relationship is genuine, the Department weighs evidence across four categories. Structure your evidence file around these four headings instead of submitting documents in no particular order.
Practical Examples of What Strong Evidence Looks Like
A well-built financial evidence set might include twelve months of joint account statements showing regular transactions, not just an account opened the week before lodgement. A well-built social evidence set might include a handful of dated photographs spanning the relationship, rather than dozens taken on the same day. Depth and consistency over time consistently outweigh volume.
Risks and Mistakes to Avoid
1. Lodging with a thin evidence file and treating the application as something to build out later if the Department asks.
2. Relying heavily on one category of evidence—for example, financial—while leaving the other three thin.
3. Inconsistent dates or details between the applicant's and sponsor's statutory declarations.
4. Missing character or health requirements, including police clearances from every country lived in for twelve months or more within the last ten years.
5. Assuming a long relationship speaks for itself without the documentation to support it.
Lawyer Insight (GVM Strategy)
The Department has moved toward expecting decision-ready applications at lodgement rather than treating requests for more information as a normal part of the process. Couples who wait longest are often not those with weaker relationships; they are couples whose applications were not built to answer the Department's questions before those questions were asked. An experienced migration lawyer anticipates what a case officer will query and closes that gap before lodgement rather than after.
Step by Step: How the Process Works
1. Confirm eligibility: relationship status, time together and your sponsor's eligibility to sponsor you.
2. Build your evidence file across all four relationship categories before you lodge, not after.
3. Complete the required application and sponsorship forms and create your ImmiAccount.
4. Undergo health examinations and obtain police clearances for every relevant country.
5. Lodge the combined 820/801 application and pay the visa application charge.
6. Respond promptly and thoroughly to any request for further information.
7. Continue providing fresh evidence of your ongoing relationship while the application is assessed.
Processing Times and Costs in 2026
Processing times for the Subclass 820 currently vary widely depending on case complexity, with published third-party estimates for 2026 ranging from around twelve months for straightforward, well-prepared applications up to two years or more for complex cases. The Subclass 801 permanent stage generally cannot be assessed until at least two years after the initial application in most cases, with a further wait once that eligibility date is reached.
Important: These figures are drawn from third-party migration commentary current as at July 2026, not the Department's own published data. Processing times and the visa application charge change regularly. Confirm current figures against the Department of Home Affairs processing-time tool and fee table before publication, and add a citation.
While you wait, you are generally granted a Bridging Visa A, allowing you to remain in Australia lawfully with work rights. If you need to travel overseas during this period, a Bridging Visa B needs to be applied for before you depart, since leaving on a Bridging Visa A alone can affect your ongoing status.
A Recent Outcome
We recently acted for a couple in a genuine relationship whose Partner (Subclass 820) visa was granted this month. The matter involved building a relationship evidence file that addressed all four categories the Department assesses—financial, social, household and commitment—rather than relying on the length of the relationship alone. No case is identical, and outcomes depend on each couple's individual circumstances, but the result reflects the value of a properly structured application from the outset.
Frequently Asked Questions
Can I work while my Partner Visa 820 is being processed?
Yes. While your application is being assessed you are generally granted a Bridging Visa A, which allows you to work and study in Australia without restriction while you wait for a decision.
How long does the Partner Visa 820 take to process in 2026?
Processing times vary significantly by case complexity and change over time. Check the Department of Home Affairs' current processing-time tool and speak with us about what to expect for your specific circumstances.
Can I apply if I am in a de facto relationship rather than married?
Yes. De facto couples are eligible on the same basis as married couples, generally after living together for at least twelve months, though this period can be shorter in some circumstances, such as a registered relationship or a shared child.
What happens if my Partner Visa 820 is refused?
A refusal is not necessarily the end of the road. Depending on the circumstances, you may have review rights with the Administrative Review Tribunal (ART), which replaced the Administrative Appeals Tribunal for migration matters from 14 October 2024. Review time limits are strict, so get advice quickly.
Do I need a migration lawyer, or can I lodge the application myself?
Self-lodged applications are legally possible, but partner visa applications are assessed on the strength and structure of your evidence. An experienced migration lawyer can help you build a decision-ready application from the outset.
What evidence do I need to provide for a genuine relationship?
The Department assesses your relationship across four categories: financial, social, household and commitment. A strong application provides consistent, dated evidence across all four, not just one or two.
Can my application be assessed faster if we have been together a long time?
Couples who have been in a relationship for at least three years—or two years with a dependent child—at the time of application may be eligible to have both the 820 and 801 assessed together, potentially avoiding the usual wait for the permanent stage.
What if I need to travel overseas while my application is being processed?
You will generally need to apply for a Bridging Visa B before you depart, to ensure you can lawfully return to Australia while your application is still being assessed.
Speak to an Immigration Lawyer in Melbourne
Partner visa applications are decided on paper—on the strength of the evidence you submit-not on how genuine your relationship feels to you. Global Vision Migration Lawyers has offices across Melbourne, Sydney, Perth, Canberra and the Gold Coast. Our team regularly prepares applications involving previously refused cases, long-distance relationships and limited documentation.
If you are preparing a Partner Visa 820 application, or you have received a request for more information or a refusal, book a consultation with our Melbourne team today. We will assess your circumstances and set out exactly what your application needs to give you the strongest possible position.
