If you are in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be eligible to apply for the Subclass 820 Partner Visa. This visa allows you to live legally in Australia while your permanent partner visa (Subclass 801) is processed.
Understanding eligibility requirements is the first step for a successful DIY Partner Visa application. In this guide, we explain who can apply, the relationship requirements, and key considerations for onshore applicants.
Who Can Sponsor You?
To apply for a Subclass 820 visa, your partner must be able to sponsor you. Eligible sponsors include:
- Australian citizens – including those who were born in Australia or have gained citizenship.
- Australian permanent residents – those who hold a valid permanent residency status.
- Eligible New Zealand citizens – this includes certain New Zealand citizens who meet specific criteria under the Trans-Tasman Travel Arrangement.
DIY Tip: Before lodging your application, make sure your partner meets the sponsorship criteria. If your sponsor does not meet the requirements, your application may be refused.
Who Can Apply for Subclass 820?
You can apply for a Subclass 820 visa if you are in a genuine and ongoing relationship with an eligible sponsor. Your relationship must fall into one of these categories:
1. Married Couples
- You are legally married to your Australian partner.
- Your marriage must be recognized in Australia.
- Evidence of marriage alone is not enough; you must also prove the relationship is genuine and ongoing.
2. De Facto Couples
- You must have been in a de facto relationship with your Australian partner for at least 12 months before applying.
- Exceptions may apply for couples who have children together or in certain compassionate circumstances.
- Evidence must show your relationship is genuine, committed, and ongoing.
Important: For DIY applicants, providing detailed evidence of your relationship is essential. This includes joint finances, shared bills, lease agreements, photos, and statutory declarations from family and friends.
Key Eligibility Requirements
To be eligible for the Subclass 820 visa, you must meet several requirements:
- Onshore Application – You must be physically in Australia when applying. Offshore applications require Subclass 309.
- Genuine Relationship – Your relationship must be real and ongoing. The Department of Home Affairs may scrutinize your evidence closely.
- Health and Character Requirements – You must undergo a medical examination and provide police certificatesfrom any country you have lived in for 12 months or more since turning 16.
- Age Requirement – You must be at least 18 years old at the time of application.
Special Considerations for DIY Applicants
Children
Dependent children can be included in your application. Including children may also help demonstrate the genuineness of your relationship.
Financial and Social Evidence
While not mandatory, evidence of shared finances, joint ownership of property, or shared social commitments can strengthen your application, especially for de facto couples.
Previous Visas
Holding another visa in Australia does not automatically disqualify you, but certain visas may affect timing or require additional documentation. Always check your current visa conditions before applying.
Common Mistakes to Avoid
DIY applicants often make errors that can delay or jeopardize their applications. Common mistakes include:
- Not providing sufficient evidence of the relationship
- Applying too early in de facto relationships (less than 12 months together without exceptions)
- Incorrect visa type (applying onshore vs offshore)
- Missing health or character documentation
Pro Tip: Use a checklist to gather all necessary documents, including evidence of your relationship, sponsor eligibility, and health and character requirements.
Final Thoughts
Eligibility for the Subclass 820 visa depends on both your relationship and your sponsor. Understanding who can apply, who can sponsor, and the requirements for a genuine relationship is critical for a successful DIY application.
Careful planning, thorough evidence, and attention to eligibility rules will reduce the risk of delays or refusal and make the application process smoother.
✅ Quick Recap:
- Sponsors must be an Australian citizen, permanent resident, or eligible New Zealand citizen
- Applicants must be in a genuine relationship (married or de facto)
- Must apply from within Australia
- Must meet health and character requirements
- Evidence of a genuine and ongoing relationship is essential
Want step-by-step guidance? Check out our DIY Partner Visa Package here.
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