What’s the Difference Between the 801 and 820 Partner Visas?
Owen Harris
Accredited Specialist in Immigration Law | Notary Public
The Principal Lawyer at TranQuill Legal, an Accredited Specialist in Immigration Law, and a Notary Public providing clear and capable guidance across Australia and overseas.
If you’re applying for an Australian partner visa, you’ve probably seen both the 820 and the 801 come up and wondered if they’re two separate applications, or if you need both. The truth is, they’re two stages of the same process. Knowing the difference (and how they fit together) can save you a lot of confusion.
Quick Answer
- Subclass 820 = the temporary partner visa
- Subclass 801 = the permanent partner visa
When you apply onshore, you submit a combined application for both. You’ll usually be granted the 820 first, then the 801 a couple of years later.
The Subclass 820 Partner Visa: Temporary Stage
The 820 visa is the Department’s way of saying, “We’ll let you stay, but let’s see how this goes.”
It allows you to:
- Stay lawfully in Australia while your permanent visa is processed
- Work and study without restriction
- Access Medicare
- Travel in and out of Australia freely
The 820 is often granted relatively quickly compared to the permanent stage, it’s designed to give you security while you wait for the next step.
Partner visa processing times here
The Subclass 801 Partner Visa: Permanent Stage
The 801 visa is where things get serious. This is Australia saying, “Alright, we believe you. You’re in this for the long haul.”
It provides:
- Permanent residency in Australia
- Full access to Medicare and Centrelink (where eligible)
- The ability to sponsor family members in the future
- A clear pathway to Australian citizenship
Most applicants become eligible for the 801 around two years after lodging their combined 820/801 application, though timing can vary depending on your circumstances.
Steps for sponsoring a partner in Australia
Key Differences Between the 820 and 801
| Feature | 820 Visa (Temporary) | 801 Visa (Permanent) |
|---|---|---|
| Type | Temporary visa | Permanent visa |
| Application | Applied for at the same time as 801 | Assessed later as part of combined application |
| Purpose | Lets you stay in Australia while waiting | Grants permanent residency |
| Rights | Work, study, Medicare, travel | All of 820 + PR benefits (citizenship pathway, family sponsorship) |
| Timing | Usually granted first | Usually granted 2+ years after application |
Why This Matters
Many applicants think they need to submit two separate applications for the 820 and 801. In reality, you apply once for both. The Department of Home Affairs assesses your relationship again when it’s time to consider the 801 stage, to confirm your partnership is still genuine and ongoing.
Understanding the two stages from the start can help you prepare the right evidence and avoid unnecessary delays.
How TranQuill Legal Can Help
At TranQuill Legal, we regularly help couples through the 820 → 801 journey. Whether you’re just starting your application or waiting on your permanent stage, we can:
- Build a strategy that keeps you moving from 820 → 801 smoothly
- Provide legal strategies if your situation is complex
- Handle communication with the Department on your behalf
- Give you peace of mind that you’re on the right track
👉 Book a consultation with TranQuill Legal to get expert guidance tailored to your situation.
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