- By Saurabh Smar, Principal Solicitor, Global Vision Migration Lawyers
- 10 Jul, 2026
Bringing your partner to Australia, or staying here permanently with them, comes down to one legal question the Department of Home Affairs will ask again and again: is this a genuine and continuing relationship. Get that answer wrong on paper, even when the relationship itself is completely genuine, and you risk months of delay or an outright refusal. Get it right, and the Partner visa (Subclass 820/801) opens the door to permanent residency in Australia.
At Global Vision Migration Lawyers, we are admitted legal practitioners, not migration agents, and Partner visa applications are one of the areas where that distinction matters most. A relationship that looks straightforward to a couple can raise real legal issues once it is tested against the Migration Regulations 1994. Below is what every applicant and sponsor should understand before they lodge.
Questions Couples Usually Ask
- What is the Partner visa (Subclass 820/801)?
- What evidence proves a genuine and continuing relationship?
- How does the two-stage process work?
- What is different for married and de facto couples?
- Can both stages be granted together?
- What happens if a Partner visa is refused?
Partner Visa at a Glance
What Is the Partner Visa (Subclass 820/801)?
The Partner visa is Australia's pathway for the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia permanently. Applicants who are in Australia at the time of lodgment apply for the combined Subclass 820 (temporary) and Subclass 801 (permanent) visa. Applicants outside Australia use the equivalent offshore pathway, Subclass 309/100.
It is a two-stage process lodged as a single application. The temporary visa is assessed first. The permanent visa is generally not assessed until around two years after the original lodgment date, unless the couple qualifies for a long-term partner relationship exception.
Lawyer Insight (GVM Strategy)
Long-term partner relationship exceptions can allow both stages to be granted together, broadly where the couple has been together for three years, or two years with a dependent child.
Married or De Facto: Why the Distinction Matters Legally
Under the Migration Regulations 1994, a spouse relationship is assessed under regulation 1.15A, and a de facto relationship is assessed under regulation 1.09A. Both provisions require the Department to consider the same four categories of evidence: the financial aspects of the relationship, the nature of the household, the social context of the relationship, and the nature of the couple's commitment to each other.
De facto couples also need to satisfy the twelve month cohabitation requirement in most cases, unless the relationship is registered under an Australian state or territory relationship registration scheme, or compelling and compassionate circumstances apply.
How Long Does It Take, and What Does It Cost?
Processing times for the Partner visa change from month to month and vary significantly based on how complete the application is when it is lodged. The Department of Home Affairs publishes current processing time data and the current visa application charge on its official Visa Processing Times and Visa Pricing Estimator pages, and we always check these before advising a client on timing or cost, rather than relying on a fixed figure.
As a general structure, the temporary stage is usually assessed well before the permanent stage, and the permanent stage typically cannot be finalized until around two years after lodgment, at the earliest, unless the long-term relationship exception applies.
If you want an exact current figure for your situation, the most reliable source is the Department's own processing times guide, and we are also happy to confirm this for you at a consultation.
The Partner Visa Process, Step by Step
1Confirm the Correct Pathway
Confirm whether the case is married or de facto, onshore or offshore, and check the relevant eligibility criteria under Schedule 2 of the Migration Regulations 1994.
2Build the Relationship Evidence
Gather evidence across all four relationship categories: financial, household, social, and commitment.
3Prepare Sponsor and Character Documents
Arrange the sponsor's eligibility documents, complete the sponsorship application, complete health examinations, and obtain police certificates for every country lived in for twelve months or more since turning sixteen.
4Lodge and Keep Evidence Current
Lodge the combined application through Immi-Account with statutory declarations from the couple and, ideally, independent witnesses. Respond promptly to any request for further information, and keep the evidence file active while the permanent stage is pending.
5Prepare for the Permanent Stage
Prepare for the permanent stage assessment by continuing to add current relationship evidence in the lead up to the two year mark.
Frequently Asked Questions
Can I work in Australia while my Partner visa is being processed?
If you lodge the onshore Subclass 820/801 application, you are generally granted a Bridging Visa A, which allows you to remain in Australia lawfully with work rights while your application is processed.
How long does a Partner visa take in 2026?
Processing times vary and are updated monthly by the Department. Check the current figures on the Department's Visa Processing Times page, or ask us to confirm the current timeframe for your circumstances.
What happens if my Partner visa is refused?
Depending on the decision, you may have a right to apply to the Administrative Review Tribunal (ART) within strict time limits. Legal advice on your options should be sought as soon as possible after a refusal.
Can I include my children in a Partner visa application?
Dependent children can generally be included, provided they meet the relevant dependency, health and character requirements.
Do de facto couples need to live together for exactly twelve months?
Generally yes, unless the relationship is registered under an Australian state or territory relationship registration scheme, or compelling and compassionate circumstances apply.
What is PIC 4020 and why does it matter for Partner visas?
PIC 4020 is a public interest criterion concerned with false or misleading information and bogus documents. A finding against this criterion can result in refusal and a future exclusion period, which is why consistency between all statements and documents in a Partner visa application is critical.
Does the ART replace the AAT for Partner visa reviews?
Yes. The Administrative Review Tribunal (ART) replaced the Administrative Appeals Tribunal (AAT) for migration and refugee review matters from 14 October 2024.
Is a registered migration agent the same as an immigration lawyer?
No. Registered migration agents are regulated by the Office of the Migration Agents Registration Authority (OMARA). Admitted legal practitioners with an unrestricted practicing certificate, like the lawyers at GVM, provide immigration assistance under that certificate and are bound by additional professional and ethical obligations as lawyers.
Speak to an Immigration Lawyer
Partner visa applications sit at the intersection of relationship evidence and strict legal criteria, and the difference between a grant and a request for further information often comes down to how the evidence is presented, not just what evidence exists.
At Global Vision Migration Lawyers, our team are admitted lawyers, not just agents, with offices in Melbourne, Sydney, Canberra, Perth and the Gold Coast, and experience across genuine and continuing relationship assessments, complex evidentiary cases, and ART appeals.
Book a consultation with our immigration lawyer Saurabh Smar, and get your Partner visa application built on a proper legal strategy from the outset.
This article provides general information only and is not legal advice. Every Partner visa matter depends on individual circumstances. Contact GVM to discuss your specific situation with an admitted legal practitioner.
