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Sucblass 820 Onshore Partner Visa

Partner Visa Lawyers

Apply in Australia. Stay in Australia. Permanent next.

The Subclass 820 is the temporary stage of Australia's onshore partner visa. It lets you remain lawfully in Australia while your relationship is assessed, with the Subclass 801 permanent visa to follow.

2-Day Cooling-Off Period

No Pressure to Sign

Transparent Fees

Payment Plans Available

LGBTIQ+ Welcome

Licensed & Registered Migration Law Practice

Home 11

How the 820 Partner Visa Works

Our Guarantee

No Visa?

No Fee.

We're so confident in our work that if your standard partner visa application is refused, you don't pay our professional fees.

This isn't a gimmick — it's our commitment to only taking on cases we believe in and doing the work properly. When we accept your matter, we're invested in your success.

The MML Guarantee

Visa refused? Full fee refund

  • Covers standard Partner Visa 820/801 applications
  • Covers standard Partner Visa 309/100 applications
  • Covers Prospective Marriage Visa 300 applications
  • Professional fees refunded if visa refused
  • Government fees are non-refundable (paid to Dept)

Applies to standard applications


This guarantee applies to straightforward partner visa applications without Schedule 3 issues, character concerns, or health-related complications. Complex matters are assessed individually. Full terms provided at engagement.

Key Eligibility Requirements

Genuine Relationship Evidence

The Department assesses four categories: financial, household, social, and commitment. Evidence across all four is required.

 

Examples

Joint bank account, shared lease, utility bills in both names, statutory declarations, photos together over time, joint travel bookings

Sponsorship Eligibility

Your sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen, aged 18 or over, with no more than one prior partner sponsorship on record.

Examples

Australian passport, citizenship certificate, or permanent visa grant letter.

Health & Character Requirements

You and all secondary applicants must pass a medical examination and provide police clearances from every country where you have lived for 12 months or more in the past 10 years.

Examples

Panel physician health exam, AFP check, overseas police clearances for all applicants aged 16 and over.

Financial Aspects

The Department looks for evidence that your finances are genuinely shared, not simply that you share an address.

Examples

Joint bank account, shared lease or mortgage, joint ownership of a vehicle or property, shared insurance or loans.

Onshore Application Requirement

You must be in Australia at lodgement and when the 820 is decided. If you travel before the 820 is granted, you must hold a Bridging Visa B before departing.

Examples

Bridging Visa A grant letter, Bridging Visa B if travel is required before decision.

De Facto vs Married Pathways

Married couples are not subject to a minimum relationship duration. De facto couples must demonstrate a genuine de facto relationship of at least 12 months before lodging.

Examples

Marriage certificate, or for de facto: lease, bills, and bank statements spanning 12 months, or a state/territory relationship registration.

Understanding the Partner Visa Pathway

Subclass 820 (Temporary)

For partners applying from within Australia

This visa allows you to remain in Australia temporarily while your permanent partner visa is being processed. You must be in Australia when you apply and when the visa is granted. It is the first stage of the onshore partner visa pathway.

  • Must be in a genuine relationship with an Australian citizen, permanent resident or eligible New Zealand citizen
  • Relationship must be married or de facto for at least 12 months (unless registered)
  • Applicant must be onshore at time of application and at time of decision
  • Grants full work and study rights while awaiting permanent visa outcome
  • Combined application with Subclass 801 lodged at the same time

Subclass 801 (Permanent)

For partners progressing to permanent residency

This visa grants permanent residency to partners who have held the Subclass 820 temporary visa. You must demonstrate your relationship has continued since the initial application. It is the second stage of the onshore partner visa pathway.

  • Automatically assessed two years after your Subclass 820 application was lodged
  • Relationship must still be genuine and continuing at time of 801 decision
  • Some applicants may be eligible for early grant if in a long-term relationship
  • Grants permanent residency with full rights to live and work in Australia
  • Pathway to Australian citizenship after meeting residency requirements

12 Client Commitments

These are enforceable operational standards — not aspirational statements.

1

2-Day Cooling-Off Period

After receiving engagement documents, you have two full business days to review everything carefully, understand the costs, and decide whether you're comfortable proceeding. You can seek independent advice or discuss with family without pressure.

Most firms expect immediate sign-ups. We deliberately slow the process so decisions are made calmly, not under pressure.

2

No Pressure to Engage

We do not push clients to sign or pay during consultations. No urgency language, no fear-based messaging, no emotional pressure. Your consultation is about understanding your situation, not being pushed into signing.

No discounts for signing "today". No countdown timers. Payment requested only after you've decided, not during consult.

3

Fee Installments Available

You don't need the full fee available upfront. We offer payment plans that spread costs across key stages, making professional legal representation more financially manageable. No interest charges, processing fees, or admin penalties.

Migration legal services shouldn't be accessible only to those who can pay $10,000+ upfront.

4

Suitability-First Advice

We do not accept every matter. If we believe your case is not suitable to proceed — because evidence is too weak, risks are too high, or it would cause more harm than benefit — we tell you clearly and early, even if you're willing to pay.

We reject borderline matters rather than take uncertain fees. Income is sacrificed for professional integrity.

5

Care Beyond Engagement

Once you engage us, you're not left chasing your lawyer. Your calls are returned, your emails are answered, and important dates are watched carefully. Even during long waiting periods, your matter receives attention — not forgotten after payment.

We deliberately control how much work we take on so matters already in progress are properly looked after.

6

Fee Transparency

Staged fees tied to specific milestones with clear deliverables. You know exactly what you're paying for at each step, when payment is required, and what is not included. No opaque fixed fees paid upfront.

Every dollar is defensible and linked to completed work. Full fee transparency before engagement.

7

Fair & Clear Refund Policy

You know upfront how refunds work. Our refund policy is provided before you engage, not after a dispute arises. Refund decisions are based on milestones completed, not emotion or negotiation.

Milestone completion determines entitlement, not pressure. Policy is published and applied consistently to every client.

8

Transparency Before We Start

Before you commit, you receive a complete information pack: fees and milestone schedule, refund policy, complaints policy, privacy and cybersecurity summary, service level standards charter, how we manage your matter, and scope & suitability policy.

All 7 documents provided before any decision is required. Nothing important is hidden or deferred until after payment.

9

Regular Updates Guaranteed

Defined update cadence by matter stage. Even when there is no news from the Department or Tribunal, you receive updates at defined intervals so you know your matter is being monitored. Update standards are documented in our Service Level Standards Charter.

Silence during waiting periods is the #1 complaint in migration. We eliminate it. Generic "we're working on it" messages are banned.

10

Professional Cybersecurity

Your data is protected through secure systems, access controls, and professional protocols. Migration matters involve sensitive identity documents, personal histories, and financial information. We use professional-grade systems, not consumer tools.

Multi-factor authentication enforced. Document access is role-based and logged. Cybersecurity is an operational priority, not an afterthought.

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Formal Complaints Process

If something goes wrong or you are unhappy, there is a clear and fair way to raise concerns. Complaints are acknowledged within 2 business days, reviewed by management, and responded to in writing within defined timeframes.

We treat complaints as serious professional matters, not personal disputes. Every complaint is logged, reviewed, and tracked for systemic improvements.

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What We Won't Do

We explicitly reject common industry practices: promising outcomes we can't control, pushing you to sign on the spot, taking unsuitable cases, charging before explaining costs, going silent during waiting periods, and taking more clients than we can properly serve.

These prohibitions are enforceable operational rules, not aspirational goals. We put them in writing because they matter.

Complex Situations We Handle

Partner visa applications aren't always straightforward. We have specific expertise in these sensitive and complex areas.

LGBTIQ+ Partner Visas

Australian migration law fully recognises same-sex relationships for partner visa purposes. We proudly support LGBTIQ+ couples through the partner visa process with sensitivity and understanding.

  • Same-sex marriages and de facto relationships recognised
  • Evidence of relationship tailored to your circumstances
  • Understanding of unique challenges LGBTIQ+ couples face
  • Discreet handling of sensitive country-of-origin situations
  • Experience with relationship evidence from diverse contexts

You are welcome here. We handle every case with respect and care.

Family Violence Provisions

If your relationship has ended due to family violence, you may still be eligible for permanent residency. Australian migration law provides important protections for victims of domestic and family violence.

  • Continue your partner visa application after relationship breakdown
  • Evidence requirements differ from standard applications
  • Statutory declarations and professional reports accepted
  • Your safety and wellbeing are the priority
  • Confidential and sensitive handling of your matter

You are not alone. We can help you understand your options and navigate the process safely.

Schedule 3 Matters

If you were unlawful in Australia at any time since your last entry, or if you've held certain visas, Schedule 3 criteria apply to your partner visa application. These are complex but not impossible.

  • Applies if unlawful at any time since last entry
  • Requires compelling reasons to waive criteria
  • Relationship must have existed before unlawful period
  • Strong evidence and legal arguments essential
  • Ministerial intervention may be an option

Don't give up. We have experience in presenting compelling arguments for waiver.

Ready to Start?

Book Your Assessment

Schedule a 45-minute visa assessment with our team. We'll review your situation, explain your options, and give you a clear understanding of the pathway forward.

Detailed eligibility assessment for your situation

Clear explanation of visa options and pathways

Identification of any potential issues or risks

Transparent fee estimate with no hidden costs

No pressure to proceed — decision is always yours

$300

45-minute consultation

Credited towards your matter if you proceed - $30 separate booking fee applies

How we work

Our Structured Engagement Process

From initial enquiry to final decision, every step is designed for clarity, informed consent, and professional accountability.

1

Step 1

Initial Consultation

Book a visa assessment to discuss your situation. We assess suitability and explain your options honestly. No pressure to sign or pay during the assessment.

2

Step 2

Receive Information Pack

If we believe your matter is suitable, you receive a complete information pack: fees, refund policy, service standards, complaints process, privacy summary, and scope of work.

3

Step 3

2 Day Cooling Off Period

You have two full business days to review everything, seek independent advice, discuss with family, and decide whether to proceed. No pressure, no penalties for changing your mind.

4

Step 4

Engagement & Work Begins

Once you confirm engagement, work begins. You receive regular updates according to our Service Level Standards Charter, with clear communication throughout the process.

Lives, Not Files.
We’ll Fight For Yours.

Your visa isn’t just paperwork. It’s your future, your family, your life in Australia. At My Migration Lawyers, we treat it that way. No Pressure. No false hope. Just honest advice and proper service from migration lawyers who actually care about getting it right.

Before you sign

Complete Transparency Before You Decide

Before you engage us, you'll receive a complete information pack covering every aspect of our engagement. Read it at your own pace. Make your decision with full knowledge, not assumptions.

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7 documents delivered before engagement

1

Document 1

Fees & Milestone Schedule

Exactly what you pay and when, with every stage clearly defined

2

Document 2

Refund Policy

Clear mechanical rules for refunds based on work completed

3

Document 3

Complaints Policy

Formal process with timeframes and written responses

4

Document 4

Privacy & Cybersecurity

How we protect your sensitive documents and data

5

Document 5

Service Level Standards

Update cadences and response times in writing

6

Document 6

How We Manage Your Matter

Our process from engagement through to completion

7

Document 7

Scope & Suitability Policy

What's included, what's not, and how we assess matters

Ready for a Different Experience?

Book a visa assessment and see how migration law should work.

Partner Visa FAQs

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Can I apply for the 820 if my visa is about to expire?

Yes, provided your visa is still current at the time you lodge. Once a valid application is lodged, a Bridging Visa A is automatically granted, keeping you lawful even if your substantive visa expires before the 820 is decided.

Do I need to be living with my partner when I apply?

Not necessarily. The Department recognises that genuine couples sometimes live apart due to work, study, or family obligations. You will need to explain the arrangement and provide evidence the relationship has remained genuine throughout any period of separation.

Can my partner visa be granted if my sponsor dies during processing?

Yes, in certain circumstances. The Migration Regulations contain provisions allowing a partner visa to be granted following the death of a sponsor where the relationship was genuine. Legal advice specific to your circumstances is essential if this situation arises.

What is a Bridging Visa B and when do I need one?

A Bridging Visa B allows you to travel outside Australia and return while your 820 application is pending. You must apply for one before you depart. Leaving on your Bridging Visa A without first obtaining a Bridging Visa B causes your Bridging Visa A to cease, and you may be unable to return.

Can I include my children from a previous relationship in the application?

Yes. Dependent children of either the applicant or the sponsor can generally be included as secondary applicants. They must also meet health and character requirements. Disclose any children you intend to include to your lawyer from the outset.

We met online and have never lived in the same country. Can we still apply for the 820?

Possibly, but it is complex. The 820 requires you to be in Australia at lodgement and at the time of decision, and de facto couples must demonstrate 12 months in a genuine relationship. Long-distance relationships require carefully structured evidence showing ongoing genuine commitment. Seek legal advice before lodging.

What happens if the Department requests more information during processing?

The Department may issue a request for further information (a section 56 request). You will have a set timeframe to respond. Failing to respond, or responding inadequately, can result in refusal. If you are represented, your lawyer handles this on your behalf.

Can I change my address or move states after lodging the 820

Yes. You are not required to remain at the same address after lodging. You should update your address with the Department through ImmiAccount. Moving interstate does not affect your application, but ensure your records remain consistent with the evidence you submitted about shared living arrangements.

Is there any circumstance where the 801 permanent visa can be granted sooner than two years?

Yes. Where the couple had been in a registered relationship or had been together for three or more years at the time the original application was lodged, earlier consideration of the 801 may be possible. There are also provisions for earlier grant where a child is born to the couple during the temporary stage. Your lawyer should assess whether any early pathway applies to your situation.

Still have questions?