MARA Registered Migration Agents | MARN: 2518738, 2619480

Do You Have to Leave Australia to Apply? Most Couples Can Lodge the 820 Partner Visa From Here

The subclass 820 partner visa lets you apply from inside Australia and stay here with your partner while the permanent 801 visa follows. A MARA-registered agent checks your visa, your evidence and your sponsor before you lodge.

What Changes for You Once the 820 Visa Is Granted?

Once the 820 visa is granted, you can live, work and study in Australia, with no expiry date, until your permanent 801 visa is decided.

Work and study

with any employer and in any course while the 801 is processed.

Travel,

leave, and return to Australia as many times as you want.

No end date:

the visa lasts until your 801 application is finalised.

If you are eligible, you can also join English classes through the Adult Migrant English Program (AMEP). Before the grant, a Bridging Visa A (BVA) keeps you lawful once your current visa ends. You get it if you held a substantive visa when you applied.

The trade-off is that the 820 is temporary. Permanent residency comes with the 801 visa, which Home Affairs assesses from about 2 years after you lodge. For most couples, staying together for the whole wait makes that worthwhile.

Want to know how soon you could be working and studying on an 820 visa? A MARA-registered agent can map out your timeline.

Can You Apply for the 820 Visa From the Visa You Hold Now?

Usually yes, as long as you are in Australia when you lodge. Your current visa decides how simple the application is.

On a student, work or Working Holiday visa

This is the most common starting point, and usually the simplest one.

  • You hold a substantive visa, so you can lodge from inside Australia.
  • You get a BVA when you lodge, and it starts when your current visa ends.
  • You can check the conditions on any visa you hold in Visa Entitlement Verification Online (VEVO).

On a visitor visa with condition 8503

Condition 8503 (No Further Stay) blocks most visa applications in Australia until Home Affairs waives it.

  • A waiver needs a major change in your circumstances after the visa was granted, for reasons outside your control.
  • Starting or formalising a relationship is not usually enough on its own.
  • The waiver request comes first. The 820 application follows only if it is granted.

On a bridging visa, or with no visa at all

You can still apply, but there are extra steps.

  • Without a substantive visa, you must show compelling reasons for the grant of a partner visa.
  • Your sponsor's form and 2 statutory declarations must be lodged with your application.
  • A past refusal or cancellation in Australia can limit what you can lodge, so check this first.

On a Prospective Marriage visa (subclass 300)

You married your sponsor while holding your subclass 300 visa and want to stay.

  • You pay a reduced charge for the 820 and 801 (see the cost table below).
  • You don't have to show compelling reasons, even if your 300 visa has ended.
  • If your relationship ended or your partner died before you applied, you may still be eligible.

Not sure your visa lets you apply in Australia? The Migration checks your conditions and history before you pay the visa charge.

Married or De Facto: Which 820 Relationship Rules Apply to You?

Both relationships count equally for the 820 visa, but de facto couples usually need 12 months together before they lodge.

If you are married

  • Your marriage must be valid under Australian law, including a marriage held overseas.
  • You provide your marriage certificate with the application.
  • The 12-month rule doesn't apply, but you still show a genuine and continuing relationship.

If you are in a de facto relationship

  • You usually need 12 months as a de facto couple immediately before you apply.
  • Registering your relationship with an Australian state or territory removes the 12-month rule.
  • Compelling and compassionate circumstances can also remove it. So can some cases where your partner holds a permanent humanitarian visa.
  • Same-sex couples apply under exactly the same rules.

Deciding whether to marry or register first? See de facto vs married partner visas.

Not sure your relationship meets the 12-month rule, or whether an exception applies? The Migration can confirm it before you lodge.

What Proof of Your Relationship Does Home Affairs Expect?

Home Affairs looks for evidence in 4 areas of your shared life, plus statements from 2 people aged 18 or over who know you as a couple.

AreaEvidence that works wellWhere couples often fall short
FinancialA joint lease or mortgage, a joint account you both use, and bills in both names.A joint account opened just before lodging, with no real activity.
HouseholdThe same address on your documents, mail to both of you, and a statement on how you share the housework.Different addresses on licences or bank records, with no explanation.
Social2 witness statements on Form 888, joint invitations and trips taken together.Photos only, mostly taken over the same few days.
CommitmentKnowledge of each other's families, contact while apart, and shared plans or wills.Two statements that give different dates for the same events.

Your relationship statement ties the 4 areas into one story. See the guides on partner visa evidence, Form 888 and the relationship statement. Each person can upload up to 100 documents.

Worried your evidence has gaps? A MARA-registered agent can review it against the 4 areas and show you what to add.

How Does One 820 Application Become Permanent Residency?

You lodge once, your sponsor lodges once, and Home Affairs decides the two stages in turn.

1

Lodge the combined 820 and 801 application online

  • You apply through your ImmiAccount while you are in Australia.
  • Family members applying with you must also be in Australia.
  • You pay the visa charge and receive a Transaction Reference Number (TRN).
2

Your sponsor lodges the sponsorship form

  • Your sponsor applies online using your TRN, as soon as possible after you lodge.
  • There is no fee for the sponsorship.
3

Health checks, police certificates and the 820 decision

  • Health examinations are done after you apply, and the results are valid for 12 months.
  • You provide police certificates for Australia and each country where you lived 12 months or more in the last 10 years.
  • Home Affairs can decide the 820 while you are in or outside Australia.
4

The 801 stage, about 2 years after you lodged

  • Your eligibility date for the 801 is 2 years after you applied.
  • Home Affairs asks for updated evidence that your relationship is continuing.
  • The 801 processing time is counted from that eligibility date.
Stage50% of applications90% of applications
820 visa (from lodgement)21 months30 months
801 visa (from the eligibility date)6 months19 months

Source: Home Affairs global visa processing times, updated 2 November 2026. For the month-by-month trend, see the partner visa processing time guide.

Ready to lodge, or want each step handled for you? The Migration manages the application, the sponsor form and the follow-up requests.

How Much Does the 820 Visa Cost in 2026?

The main applicant pays AUD 11,710, and that one charge covers both the 820 and the 801 visa.

Who is applyingVisa application charge
Main applicantAUD 11,710
Main applicant who holds a subclass 300 visaAUD 1,955
Main applicant who previously held a subclass 300 visaAUD 2,475
Each additional applicant aged 18 or overAUD 5,860
Each additional applicant under 18AUD 2,935

Charges as at 10 November 2026, from the Home Affairs Visa Pricing Estimator. A lower charge applies to eligible Pacific Island and Timor-Leste citizens.

Health checks, police certificates and translations cost extra. Professional fees are separate and confirmed at consultation. The visa charge isn't refunded after a refusal, so check your starting visa first. See the partner visa fee guide for the full breakdown.

Want the total cost for your family before you commit? The Migration sets out the visa charge and every other cost in one estimate.

What Happens if Life Changes Before the 801 Visa Is Decided?

Most changes have a clear next step, and several still lead to permanent residency.

Your relationship ends.

Tell Home Affairs through ImmiAccount. You may still be eligible if your partner died, you share a child, or there was family violence.

You are experiencing family violence.

The Family Violence Provisions may still let you get both visas, and what you share is kept confidential.

You have a baby.

Update your ImmiAccount and tell Home Affairs so the child can be added.

You are thinking of another visa.

Being granted a different visa can replace your 820 and end the path to the 801, so get advice before you apply.

Has something changed since you lodged? A MARA-registered agent can explain your options in confidence.

How Does The Migration Help Couples With the 820 Visa?

The Migration's MARA-registered agents handle the 820 visa from the first check to the 801 stage, so you always know where you stand.

1

Before you lodge

  • A check of your current visa, its conditions and any past refusals.
  • Advice on 8503 waivers and compelling reasons where they apply.
  • A plain answer on whether to lodge now or strengthen your evidence first.
2

While your evidence comes together

  • Your evidence mapped against the 4 areas, with gaps flagged early.
  • Guidance on your relationship statement and your Form 888 witnesses.
3

After lodgement and at the 801 stage

  • Replies to Home Affairs requests and updates when your circumstances change.
  • Updated evidence prepared for the 801 eligibility date.

The team often works with students whose course is ending and with couples who married overseas. Every case is handled by a MARA-registered agent (MARN 2518738), and you can confirm the registration on the MARA website.

Prefer to have a MARA-registered agent handle your 820 from start to finish? The Migration can take it from here.

Is the 820 Visa the Right Next Step for You Both?

If you are in Australia and your partner is Australian, the 820 visa is usually the most direct way to stay together. You keep working and studying, and permanent residency follows through the 801.

The outcome rests on three things you can check now:

Your current visa

Your evidence

Your sponsor's history

A MARA-registered agent (MARN 2518738) will tell you whether to lodge now or what to fix first.

820 Visa Questions, Answered

Yes, with the right visa. While your original visa is still in effect, its travel rules apply. Once you are on a BVA, you need a Bridging Visa B (BVB) before leaving, or the BVA ends when you depart. The BVB charge is AUD 575 as at November 2026.

Yes. A dependent child can be included when you lodge, or added before a decision while the child is in Australia. If the other parent is not applying, they give consent on Form 1229. Each child under 18 adds AUD 2,935 to the charge.

Yes. Time in Australia on an 820 visa counts as lawful residence. To apply for citizenship, you generally need 4 years of lawful residence, including 12 months as a permanent resident. Your 801 grant starts that 12-month count.

Most refusals can be reviewed by the Administrative Review Tribunal (ART). The refusal letter states the deadline. If you apply for review in time, you can generally stay in Australia while it is decided. The partner visa refusal guide covers the common reasons.

Yes. Only the applicant must be in Australia when lodging. The sponsor can apply to sponsor from in or outside Australia. Couples who are both overseas usually look at the offshore partner visa instead.

Have a question this page doesn't answer? Ask a MARA-registered agent.

Book an 820 Visa Consultation With a MARA-Registered Agent

Bring your visa details and your relationship timeline. A MARA-registered agent (MARN 2518738) confirms whether you can lodge in Australia, flags weak points in your evidence and gives you a realistic timeline and cost.

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