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- Partner Visa Law
Partner Visa Subclass 820/801 Lawyers Sydney
Applying for an onshore partner visa in Australia is one of the most document-intensive visa applications in the migration system. PromptLaw’s Sydney migration lawyers manage your entire Subclass 820/801 application eligibility assessment, evidence preparation, lodgement, Department communications, and representation at the Administrative Review Tribunal if needed.
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- About This Visa
What Is the Partner Visa (Subclass 820/801)?
If you are the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen and you are currently in Australia, you may be eligible to apply for an onshore partner visa.
The Subclass 820/801 is a two-stage visa. The first stage grants a temporary partner visa (Subclass 820), allowing you to live, work, and study in Australia while your relationship is assessed. The second stage grants the permanent partner visa (Subclass 801), assessed approximately two years after lodgement, once the Department is satisfied your relationship is genuine and ongoing.
This is the most common partner visa pathway for couples based in Australia. Once your Subclass 820 application is validly lodged, you receive a bridging visa allowing you to remain lawfully in Australia, work without restriction, and access Medicare. The Subclass 801 does not require a separate application; it is assessed automatically from the same file.
- Eligibility
Eligibility Requirements for a Partner Visa (Subclass 820/801)
Onshore Requirement
You must be in Australia when you apply. The Subclass 820/801 is an onshore partner visa and can only be lodged from within Australia. If you or your partner is outside Australia, the Subclass 309/100 offshore pathway applies instead, depending on your location and visa eligibility.
Relationship Requirements
Same-sex couples have equal access to all Australian partner visas under the Migration Act 1958. Our partner visa lawyers in Sydney assist LGBTIQ+ couples with both 820/801 and 309/100 applications, including cases where relationships may not be formally recognised overseas.
Sponsorship Requirements
Your sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen aged 18 or older. Sponsorship has limits, usually a maximum of two partners, with a five-year gap between applications. The sponsor’s character and criminal history can also impact approval.
Health & Character Requirements
All applicants must complete a health check with an approved panel doctor and provide police clearances from Australia and any country lived in for 12 months or more in the last 10 years. Serious criminal records may lead to refusal under Section 501.
Age Requirement
You must be at least 18 years old when applying. Limited exceptions may apply in certain cases. Our lawyers confirm your age eligibility and check if any exemptions apply during the initial assessment process, before proceeding with your application.
De Facto Relationship Requirement
Stage 1 Temporary Partner Visa (Subclass 820)
To apply for the Subclass 820, you must provide comprehensive evidence that your relationship is genuine and continuing. The Department’s evidentiary threshold is high. You must also satisfy health and character requirements and submit all required personal documents. If satisfied, the Department grants the Subclass 820, giving you the right to live, work, and study in Australia while you await the permanent stage.
Stage 2 Permanent Partner Visa (Subclass 801)
Approximately two years after lodgement, the Department assesses your application for the permanent Subclass 801. You must again demonstrate your relationship remains genuine and ongoing. Once granted, you become a permanent resident of Australia with access to the full range of permanent resident entitlements.
Double Grant Long-Term Relationships
If you have been in a relationship with your sponsor for three or more years at lodgement or two or more years if you have a dependent child together, you may be eligible for a simultaneous grant of both the Subclass 820 and Subclass 801. Our lawyers assess double grant eligibility as part of every initial consultation.
- Documentation
Partner Visa Documents Checklist for Sydney Applicants
Passport, valid throughout your application period
Marriage certificate, if legally married
Proof of name change, if applicable
Police clearance certificates
Joint bank account statements
Evidence of social recognition of your relationship
Birth certificate
Divorce certificates from any previous marriages, if applicable
National identity card
Health examination results
Photographic evidence of your relationship
Sponsor's proof of Australian citizenship
- Processing Times
Partner Visa Processing Times Sydney
Processing times for partner visas in Australia are among the longest of any visa category and vary depending on the complexity of your case, the completeness of your application, and the Department’s current caseload.
All processing times are indicative only and subject to change based on Department workload, application completeness, and individual circumstances. Current timeframes are published by the Department of Home Affairs and should be verified at the time of lodgement.
While your Subclass 820 application is pending, you hold a bridging visa granting full work and study rights and access to Medicare. The permanent Subclass 801 stage is assessed approximately two years after your initial lodgement date. PromptLaw monitors every application and responds immediately to any Department request to avoid unnecessary delays.
- Our Process
Our Step-by-Step Partner Visa Application Proces
Consultation and Eligibility Assessment
We assess your eligibility, identify the correct visa subclass, review your relationship history, and flag any complications before you spend a dollar on government fees. All professional fees are confirmed in writing before engagement.
Document Preparation
Our lawyers build your application file strategically, organising evidence across all four statutory categories assessed by the Department: financial, household, social, and commitment. We prepare detailed relationship statements that address the Department's assessment criteria directly and comprehensively.
Submission and Communication
We lodge your combined application through ImmiAccount and simultaneously file your sponsor's Form 40SP. From that point, all Department correspondence is handled by PromptLaw. You will not face a government letter alone.
Representation and Outcome
If the Department issues a notice requesting further information or raises concerns, we respond with precision. If your application is refused, we advise you immediately on review rights and Administrative Review Tribunal options.
- Specialised Legal Support
Partner Visa Problems? Our Sydney Lawyers Resolve Difficult Cases
Schedule 3 Criteria
Schedule 3 applies when an applicant is an unlawful non-citizen or holds only a bridging visa at the time of applying. It adds additional requirements to the standard partner visa application. Successfully arguing compelling reasons under Schedule 3 requires precise legal submissions. Our lawyers prepare targeted submissions that address every Schedule 3 criterion directly.
Health Waivers
In some cases, applicants may be eligible for a health waiver depending on the visa subclass and their individual circumstances. Our lawyers assess your eligibility and, where applicable, prepare detailed waiver submissions documenting humanitarian, economic, and community considerations for the Department's discretion
Character Issues and Criminal Records
A prior conviction does not automatically end your partner visa prospects, but it must be handled carefully. We prepare s501 character submissions, liaise with law enforcement where required, and present your case in the strongest possible terms.
Partner Visa Refusals
A refused partner visa can be reviewed at the Administrative Review Tribunal. Strict time limits apply, and missing the deadline in your refusal letter removes all rights of review. PromptLaw acts immediately on refusals. If you have received a refusal, contact us now.
Relationship Breakdown
If your relationship ends before your visa is decided, your options depend on the circumstances. Family violence provisions, death of a sponsor, and other exceptional situations each have distinct legal pathways. Our lawyers advise on the options available to your specific situation.
- Why CMI Legal
Why Sydney Clients Choose Our Team
Prompt Response Guarantee
Every enquiry receives a same-day response, no exceptions. You will never wait days to hear from your lawyer.
Sydney-based legal team
Local knowledge of the Department, the Administrative Review Tribunal, and Sydney's community evidence landscape, not an offshore call centre.
Fixed and transparent legal fees
Confirmed in writing before you engage. No hourly billing surprises, just clear upfront pricing confirmed before we start work on your file.
MARA-registered lawyers only
Your matter is handled by MARA-registered migration agents and qualified migration lawyers throughout. No unregistered agents, no handoffs to junior staff.
Full-service law firm
If your matter touches property, commercial, employment, or other legal issues alongside migration, we handle it all within the same firm, with no referrals required.
Direct lawyer access
You deal with your lawyer throughout, not a case manager or paralegal. Direct contact, direct accountability.
- What Our Clients Say
Client Testimonials and Reviews
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- FAQs
Frequently Asked Questions
How long does a partner visa take in Sydney?
The Subclass 820 temporary partner visa currently takes between 17 and 43 months, depending on application completeness and Department caseload. The permanent Subclass 801 is assessed approximately two years after your initial lodgement date. All timeframes are indicative and subject to change.
Can I work in Australia while my partner visa is being processed?
Yes. Once your Subclass 820 application is validly lodged, you receive a bridging visa granting full work and study rights and access to Medicare. You do not need to wait for the visa to be granted before you can work.
What is the difference between Subclass 820 and 801?
The Subclass 820 is the temporary first stage of the onshore partner visa, granted while the Department assesses your application. The Subclass 801 is the permanent second stage, assessed approximately two years after lodgement. Both stages form part of the same application.
How do I prove my de facto relationship for a partner visa?
The Department assesses de facto relationships across four statutory categories: financial aspects, nature of the household, social aspects, and commitment to each other. Evidence should span all four categories and reflect the history of your relationship over time. Joint bank statements, shared lease agreements, photographs, and statutory declarations are all relevant. Our lawyers build a comprehensive evidence file tailored to your specific circumstances.
Can I apply for a partner visa if I have overstayed my visa?
It depends on your circumstances. If you are an unlawful non-citizen at the time of application, Schedule 3 criteria apply, and you must demonstrate compelling reasons to overcome the additional requirements. Legal advice before lodgement is strongly recommended. Speak to our lawyers today.
What happens if my partner visa is refused?
A refused partner visa can be reviewed at the Administrative Review Tribunal within a strict timeframe set out in the refusal letter. Missing this deadline removes your right of review entirely. PromptLaw advises on refusals as a matter of urgency. If you have received a refusal letter, contact us immediately.
How much does a partner visa lawyer cost in Sydney?
Our professional fees vary depending on the complexity of your circumstances, the visa subclass, and the number of dependants. All fees are fixed and confirmed in writing before engagement, with no hourly billing. We provide a full fee breakdown during your initial consultation.
Can same-sex couples apply for a partner visa in Australia?
Yes. Same-sex couples have equal access to all Australian partner visas under the Migration Act 1958. PromptLaw’s partner visa lawyers regularly assist LGBTIQ+ couples with both the 820/801 and 309/100 streams, including where same-sex relationships may not be formally recognised in the applicant’s home country.
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