Key Takeaways
- The subclass 820 visa is Australia's onshore partner visa. You apply in Australia for this temporary visa and the permanent subclass 801 together.
- You must establish an eligible spouse or de facto relationship and meet the other application and grant requirements. The relationship assessment considers finances, household arrangements, social recognition and commitment under regulations 1.09A and 1.15A.
- Many de facto applicants must establish at least 12 months in the relationship immediately before applying, unless a relevant exception under regulation 2.03A applies. Qualifying relationship registration does not replace proof that the relationship is genuine.
- The standard main applicant government charge is AUD 11,710, checked on 22 September 2026. Additional applicants and concessions can change the amount payable.
- Home Affairs' subclass 820 processing guide showed 50% of applications processed in 23 months and 90% in 29 months on 22 September 2026. These are historical processing measures, not guaranteed decision dates.
- Your work and travel rights before an 820 grant depend on the visa currently in effect. The ordinary two-year period for the permanent stage runs from the combined application date, not the 820 grant date.
What is an 820 visa?
The subclass 820 visa is Australia's onshore partner visa. It is a temporary visa for an eligible spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. You apply in Australia for the subclass 820 and permanent subclass 801 together.
Its purpose is to allow you to remain in Australia while the permanent stage is considered. It is not an employer-sponsored visa, and the relationship requirements do not depend on your occupation appearing on a skilled occupation list.
Your sponsor is usually your Australian citizen, permanent resident or eligible New Zealand citizen partner. The applicant and sponsor have different parts to complete: your visa application concerns your eligibility for the visa, while the sponsorship concerns your partner's eligibility to sponsor you.
You should think of the process as two assessments within one pathway. The initial assessment considers whether the temporary visa requirements are met. The permanent assessment later considers the requirements for subclass 801, including the relevant relationship circumstances at that stage.
My Migration Lawyers' partner visa lawyers can assess your eligibility, immigration history and relationship evidence before you lodge.
An 820 grant is therefore a major step, but it does not mean every future requirement has already been satisfied. Keep your records after grant and respond to correspondence about the permanent stage. Source: Migration Regulations, Schedule 2, subclasses 820 and 801.
Is the 820 visa permanent residency?
No. Subclass 820 is temporary. Subclass 801 is the permanent visa in this pathway.
The distinction affects how you describe your immigration status on employment, finance, education and other forms. An intention to obtain permanent residence is different from already holding a permanent visa.
Check the visa subclass shown in your grant notification and VEVO. If you receive decisions about both stages close together, read both notices rather than assuming that the first notification describes your final status.
How long does an 820 visa last?
The 820 is not simply a visa that expires two years after grant. Its duration is linked to the permanent partner visa process.
The regulations provide for it to continue until the relevant notification of the permanent application decision or withdrawal, subject to other applicable visa cessation or cancellation rules. The two-year period commonly discussed with partner visas concerns eligibility for permanent-stage consideration; it is not a standard two-year 820 expiry date. Source: Migration Regulations, clause 820.511 and subclass 801 criteria.
This matters when planning travel or responding to a permanent-stage request. Use your actual visa record and correspondence, rather than calculating an assumed expiry date from the day you received the temporary grant.
What is the difference between an 820 visa and an 801 visa?
The 820 allows temporary residence through the onshore partner pathway. The 801 provides permanent residence if its requirements are met.
FeatureSubclass 820Subclass 801Visa statusTemporaryPermanentApplication processLodged together with the 801 applicationPart of the same combined application, with later permanent-stage evidence ordinarily requiredTypical sequenceAssessed firstOrdinarily considered after the relevant two-year period from the combined applicationRelationship evidenceEstablishes eligibility for the temporary stageUpdates the relationship circumstances for the permanent assessmentDoes time alone guarantee grant?NoNo
Some applicants in a qualifying long-term partner relationship can be considered for the permanent stage without the ordinary two-year wait. That exception has its own definition and evidence requirements. It does not follow merely because a couple describe their relationship as serious or have known each other for a long time.
For example, knowing your partner for five years is different from having been their spouse or de facto partner for five years. The date your relationship became a committed shared life can matter more than the date you first met. Source: Migration Regulations, regulation 1.03 and clause 801.221.
Who is eligible for an 820 visa?
For the ordinary partner pathway, you need a qualifying spouse or de facto relationship, an eligible sponsor and compliance with the applicable application and grant requirements.
The starting questions are:
- Are you in Australia and able to make a valid onshore application?
- Is your partner an Australian citizen, Australian permanent resident or eligible New Zealand citizen?
- Are you legally married, or do you meet the de facto partner requirements?
- Is the relationship genuine and continuing?
- Do you share a commitment to a life together, to the exclusion of other partners?
- Do you live together, or are you living apart without having separated permanently?
- Can the sponsorship be approved?
- Can you meet the relevant health, character and other public interest criteria?
These questions overlap, but they are not interchangeable. Strong relationship evidence cannot automatically cure an application that is invalid. A valid application also does not establish that every requirement for grant has been met. Sources: Migration Act, sections 5F and 5CB; Migration Regulations, Schedule 1 and subclass 820.
Does being married guarantee eligibility?
No. A legally recognised marriage establishes the marital relationship, but it does not by itself establish all the requirements for an 820 visa.
You must still demonstrate the required genuine and continuing relationship and shared commitment. The Department considers the circumstances of your relationship, including financial arrangements, your household, its social aspects and the nature of your commitment.
A couple who married recently may have years of evidence from their earlier relationship. Another couple may have married after a short courtship and need to explain carefully how their relationship developed. Neither situation should be reduced to the marriage certificate alone.
If either person was married previously, collect the documents showing how that earlier marriage ended. Differences between a separation date, divorce date and the beginning of a new relationship should be explained accurately, without changing dates to make the history look simpler. Sources: Migration Act, section 5F; Migration Regulations, regulation 1.15A.
Can same-sex couples apply for an 820 visa?
Yes. An eligible same-sex spouse or de facto partner can use the partner visa pathway. The same core relationship assessment applies.
Your evidence should reflect your real circumstances. If family members do not know about the relationship because disclosure would create danger or serious personal consequences, explain that context. Relevant evidence may come from trusted friends, shared housing, financial arrangements, communications and plans you have made together.
Do not stage public announcements or disclose private information to unsafe people simply to create evidence. Instead, identify what reliable material already exists and explain why other kinds of evidence are unavailable. Sources: Migration Act, sections 5F and 5CB; Migration Regulations, regulations 1.09A and 1.15A.
Do you need to live together for 12 months before applying?
For many de facto applicants, the relevant requirement is that the de facto relationship has existed for at least 12 months immediately before the application. This is not identical to a rule requiring every applicant to produce a joint lease covering 12 uninterrupted months.
The first issue is when you actually became de facto partners. Dating, spending nights together and discussing a possible future do not necessarily establish that you had already entered a shared life as a couple.
The second issue is whether the relationship continued for the required period. Temporary periods apart can be consistent with an ongoing relationship, but they need to be understood in context.
The third issue is whether a legal exception to the duration requirement applies. Relationship registration under a prescribed law, compelling and compassionate circumstances and particular humanitarian circumstances can be relevant. Each has its own requirements. Source: Migration Regulations, regulation 2.03A, read with regulation 1.09A.
How do you identify the start of a de facto relationship?
Start with events that show a transition from dating to an established shared life. Useful questions include:
- When did you agree that you were committed partners?
- When did you begin organising your household together?
- When did you start supporting each other financially or sharing significant expenses?
- When did other people begin recognising you as an established couple?
- When did you make decisions together about housing, employment, children or your future?
No single event necessarily answers the question. Moving in together can be significant, but a shared address alone can also describe flatmates. Equally, a couple may have a committed relationship during a temporary work separation.
Write a chronology that distinguishes the date you met, the date you began dating, the date you became exclusive and the date you consider the de facto relationship to have begun. If two events happened on the same date, say so. If they did not, do not merge them.
Illustrative example: A couple met in March, began dating in May and moved into a shared home in December. They should not automatically count the relationship from March merely because that produces a longer period. Their evidence needs to explain when the required shared commitment and life together actually developed.
This is an evidence assessment, not a calculation based only on the oldest photograph.
Does registering your relationship remove the 12-month requirement?
Registration under a qualifying state or territory law can provide an exception to the ordinary de facto duration requirement. It does not remove the need to prove that you are genuinely de facto partners.
A registration certificate cannot substitute for the substance of the relationship. You should still explain your shared life, finances, household, social recognition and commitment.
Also distinguish an application to register from completed registration. Check the relevant jurisdiction's eligibility rules, residency requirements, waiting period and the timing required for your visa circumstances. If registration is important to your eligibility, obtain advice before choosing a lodgement date.
Do not assume that any certificate issued anywhere, or any ceremony described as a partnership registration, falls within the migration law exception. Source: Migration Regulations, regulation 2.03A and the prescribed relationship provisions referenced there.
What if you have spent time living apart?
Explain why you lived apart, how long it lasted and how the relationship continued.
A temporary separation for work, study, caring responsibilities or visa restrictions can create a different evidentiary picture from a relationship breakdown. The important task is to show which situation applies.
Useful records can include travel bookings, calls and messages across the separation, transfers for shared expenses, decisions about your home, visits and plans to reunite. Select material that demonstrates continuity and context.
For example, a flight booking shows intended travel. A boarding pass or travel history may help show that the visit happened. Messages about moving back into the shared home may explain the purpose of the trip. Together, those records tell a clearer story than an unexplained screenshot.
If you have never lived together, do not assume that frequent communication alone establishes a de facto relationship. Have the whole situation assessed before relying on this pathway. Sources: Migration Act, section 5CB; Migration Regulations, regulation 1.09A.
Can you apply for an 820 visa on your current visa?
Possibly, but your current visa and immigration history must be checked before you lodge. Being in a genuine relationship does not automatically give you permission to make a valid onshore application.
Review your current grant notification, VEVO record, visa expiry date and any conditions restricting further applications. Also identify every previous refusal, cancellation and period without a substantive visa.
Your situationWhat needs checking before lodgementYou hold a visitor, student or working holiday visaYour current conditions, expiry date and whether you can validly apply onshore.Your visa has a No Further Stay conditionWhether the condition prevents this application and whether a waiver is available and has been granted where required.You hold a bridging visa or have no substantive visaApplication validity, Schedule 3 and any other restrictions arising from your history.You have had a visa refused or cancelledWhether section 48 or other statutory restrictions apply, and any special partner application requirements.You hold a subclass 491 or 494 visaThe specific restriction affecting partner applications before the relevant three-year holding period has been met.You hold or previously held a subclass 300 visaThe marriage, timing, application and charge rules that apply to your circumstances.
This is a screening table, not a determination of eligibility. The relevant legal framework includes Migration Act sections 46 and 48, and the Migration Regulations' Schedule 1 application requirements.
What is a No Further Stay condition?
A No Further Stay condition can restrict your ability to apply for another substantive visa while you remain in Australia. Its effect depends on the particular condition and the visa you want to apply for.
If you need a waiver, lodging a waiver request is not the same as receiving a waiver. It also does not itself extend your current visa.
Do not plan around the assumption that marriage, a relationship registration or the cost of leaving Australia automatically produces a waiver. Before paying a partner visa charge, obtain a clear assessment of the condition, the applicable waiver requirements and your lawful status while any request is considered. Source: Migration Regulations, regulation 2.05 and Schedule 8.
What is Schedule 3, and why does it matter?
Schedule 3 can create additional requirements for an applicant who does not hold a substantive visa in the relevant circumstances. A bridging visa is not a substantive visa.
For the relevant subclass 820 pathway, the regulations refer to specified Schedule 3 criteria unless the decision-maker is satisfied that there are compelling reasons not to apply them. This is a legal issue requiring evidence and argument, not a box that can be resolved simply by writing that the relationship is genuine.
The assessment may require a detailed chronology of your visa status, how you came to be without a substantive visa and the circumstances relied on as compelling reasons. A period mentioned in Schedule 3 should never be treated as permission to overstay.
If this issue affects you, read our Schedule 3 waiver guidance and seek advice before lodging. Source: Migration Regulations, clause 820.211 and Schedule 3.
Can you apply after a visa refusal or cancellation?
A previous refusal or cancellation does not produce one answer for every applicant. You need to identify which restriction applies and whether the partner application can meet the relevant exception and validity requirements.
Where section 48 applies, the partner visa rules include special requirements that can affect what must accompany the application. These include, in the circumstances specified by Schedule 1, an approved-form sponsorship and two qualifying statutory declarations made within the prescribed six-week period.
Those special declarations should not be confused with ordinary relationship supporting statements. Nor should you assume that leaving and returning on a bridging visa removes the issue.
A mistake at this stage can prevent a valid application from being made, even if the underlying relationship is genuine. Get the refusal or cancellation notice, your current visa information and your travel history assessed together. Sources: Migration Act, section 48; Migration Regulations, Schedule 1, item 1124B, including subitems (3) and (3A).
Who can sponsor an 820 visa applicant?
Your sponsor is ordinarily your spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The sponsorship must satisfy the applicable approval requirements.
New Zealand citizenship alone does not establish that someone is an eligible New Zealand citizen for this purpose. Check the relevant migration law definition and your partner's circumstances.
The sponsor should gather evidence of identity and Australian citizenship, permanent residence or eligible New Zealand citizen status. They should also disclose previous partner sponsorships, their own partner visa history where relevant and information required for character assessment.
Sponsorship restrictions can arise from previous sponsorships and their timing, as well as particular criminal history. Some restrictions have exceptions, but an exception needs a proper basis. Do not assume that a new relationship starts the sponsorship history again.
Where the applicant or sponsor has a complex history, resolve the partner visa sponsorship restrictions early. There is little value in preparing an extensive relationship evidence bundle while overlooking an obstacle to sponsorship approval. Source: Migration Regulations, including regulations 1.20J–1.20KC and subclass 820 sponsorship criteria.
Does the sponsor need a particular salary?
The ordinary 820 partner pathway does not impose a general minimum salary threshold equivalent to an employer-sponsored visa income requirement.
That does not make financial information irrelevant. How you manage money can help explain your relationship, and the sponsor must understand the obligations associated with sponsorship.
If one partner is studying, caring for children, unemployed or receiving family assistance, describe the actual arrangement. A genuine household may divide contributions unequally. One person may pay most bills while the other provides care or manages the home.
Do not invent an income, create circular transfers or describe an unused bank account as evidence of shared finances. Explain what each person actually contributes and support that explanation with available records. Source: Migration Regulations, regulations 1.09A and 1.15A, and subclass 820 criteria.
How much does an 820 visa cost?
The standard government visa application charge for most main applicants is AUD 11,710, as checked on 22 September 2026. This is the charge for the combined partner application process, rather than a separate standard base charge for each of the 820 and 801 stages.
The amount payable depends on your circumstances. Additional applicants can increase the charge, and different rates apply to certain subclass 300 holders, former holders and eligible passport holders.
Charge categoryAmount checked on 22 September 2026Standard main applicant base chargeAUD 11,710Standard additional applicant aged 18 or overAUD 5,860Standard additional applicant under 18AUD 2,935Main applicant holding a subclass 300 visa, where the specified concessional category appliesAUD 1,955Certain former subclass 300 holders meeting the specified categoryAUD 2,475Eligible specified Pacific and Timor-Leste passport holder: main applicant concessionAUD 9,600
These categories are not interchangeable. The passport concession depends on the prescribed eligibility rules, not simply Pacific ancestry or a previous residence in the region. Additional applicant charges for concessional categories can also differ from the standard amounts shown above.
Confirm the applicable charge at lodgement, particularly if a new financial year has begun or your family composition has changed. Source: Migration Regulations, Schedule 1, item 1214C, charges in the compilation effective 1 July 2026.
What other costs should you budget for?
Your total preparation cost can include:
- Medical examinations and any additional medical investigations requested.
- Australian and overseas police certificates.
- Translation of documents that are not in English.
- Obtaining replacement civil records, such as birth or divorce certificates.
- Payment surcharges where applicable.
- Professional fees if you engage a migration lawyer.
- A separate bridging visa application charge if relevant to later travel.
Not every applicant will incur every cost. Avoid ordering documents solely because they appear on someone else's checklist. First identify what is relevant to you and whether the document has timing or validity requirements.
Illustrative government charge calculation: Under the standard rates above, a main applicant with one additional applicant under 18 would pay AUD 14,645 in the stated visa application charges. That example excludes medicals, police certificates, translations, payment surcharges and professional fees. It also assumes the child qualifies for inclusion and no concession applies.
Obtain a written scope and fee agreement for any professional assistance. Distinguish the lawyer's work from government charges and third-party expenses so that you can compare proposals accurately.
Do you pay again when moving from 820 to 801?
In the ordinary combined application process, the standard partner visa application charge is paid at the initial stage. You do not ordinarily pay another standard base application charge simply because the permanent assessment begins.
However, later circumstances can create other costs, such as updated police checks, medical examinations if requested, translations or professional assistance. Adding family members can also raise separate eligibility and charging questions.
Budget for managing the application over time, not only for pressing the initial submit button. Source: Migration Regulations, Schedule 1, items 1124B and 1214C.
Is the application charge refunded if the visa is refused?
A refusal does not ordinarily entitle you to a refund of the application charge. Refunds depend on specific rules and circumstances.
That is another reason to distinguish eligibility problems from missing presentation material before lodging. Paying the charge does not reserve an approval, overcome an application restriction or oblige the Department to wait until you later meet a requirement. Source: Migration Regulations, visa application charge refund provisions in Part 2.
How long does an 820 visa take to process?
On 22 September 2026, the Home Affairs processing times guide displayed:
Subclass 820 processing measurePublished timeframe checked50% of applications processed23 months90% of applications processed29 months
These figures describe recently decided applications. They are not a guaranteed decision date, and they do not predict the outcome or exact timing of your individual application. Check the Home Affairs visa processing times guide for the current figures.
A 90% figure also means that some applications took longer. It should not be read as an absolute maximum.
What can affect the time your application takes?
An application can require more work where evidence is incomplete, information needs clarification or checks remain outstanding. The issues in your own case matter more than whether another couple received a quick decision.
Practical preparation should focus on matters you can control:
- Submit accurate forms and an organised evidence bundle.
- Explain material gaps or contradictions before they become unexplained issues.
- Complete requested checks and respond by the stated deadline.
- Keep contact details current.
- Continue providing relevant relationship updates.
- Read requests carefully so that your response answers the actual question.
These steps can reduce avoidable correspondence. They cannot guarantee that your file will be allocated earlier or that external checks will finish by a particular date.
Do not purchase non-refundable travel or make an irreversible housing decision on the assumption that an estimated processing period is a promised grant date.
Can you pay for faster processing?
Do not assume that paying a lawyer, uploading a very large bundle or describing an application as urgent creates a paid priority service.
If there are exceptional circumstances, a request for consideration should explain them clearly and provide evidence. A request is not a guarantee of expedition.
For ordinary planning, work from your lawful status, your actual work and travel rights, and a realistic ability to manage a wait. Keep application quality and queue timing as separate issues.
Does a long wait mean the application will be refused?
No. The length of the wait does not, by itself, establish the likely outcome.
A more useful review asks whether you have outstanding requests, expired or missing documents, a change in circumstances that has not been reported or correspondence that has gone unanswered.
Repeatedly comparing your dates with strangers online can be misleading because their visa history, evidence, family members and checks may differ. Use your own file and the Department's current guidance to decide whether a follow-up is appropriate.
What documents do you need for an 820 visa?
You need documents addressing identity, relationship eligibility, sponsorship and the other applicable visa criteria. Your checklist should be tailored to your circumstances.
The table below is a preparation framework. It does not mean every item is mandatory for every couple, or that providing one example from each row guarantees approval.
Document groupExamples to considerWhat the material should establishApplicant identityPassport, birth record, national identity documents where relevant, name-change recordsWho you are and consistency across your recordsSponsor identity and statusPassport, citizenship evidence, permanent residence evidence or documents relevant to eligible New Zealand citizen statusWho is sponsoring you and the basis of their eligibilityMarriage or de facto eligibilityMarriage certificate, qualifying relationship registration, relationship chronology and supporting recordsThe legal relationship relied on and its relevant historyPrevious relationshipsDivorce order, death certificate or other relevant records and explanationsHow earlier relationships ended and whether dates are consistentFinancial arrangementsBank statements, shared expenses, transfers, loans or insurance where relevantHow you organise and support your shared lifeHouseholdLease, mortgage, address records, bills, household responsibilities and care arrangementsThe nature of your home and day-to-day life togetherSocial recognitionSupporting statements, invitations, travel, photographs and relevant communicationsHow other people know your relationshipCommitmentPersonal statements, major joint decisions, future plans and evidence of supportThe nature and continuity of your commitmentChildrenBirth records, identity, dependency evidence where needed, consent or parenting documentsEligibility for inclusion and any relevant parental responsibility requirementsHealth and characterRequested examinations, police certificates and relevant explanationsCompliance with the criteria applying to the applicant and relevant family members
The legal basis for these categories includes Migration Regulations, regulations 1.09A and 1.15A, subclass 820 and the relevant public interest criteria.
How should you organise the documents?
Organise the application around questions the evidence needs to answer. A file named “documents final new 4” does not help someone understand its relevance.
Use descriptive filenames, such as:
- Relationship chronology , applicant and sponsor.
- Shared home , lease and address records , January to June.
- Household expenses , bank records and explanation.
- Temporary work separation , travel and communication records.
- Social evidence , family events with dates and captions.
Within a longer PDF, use a contents page and clear labels. Keep the original source files separately so that you can provide a clearer copy if requested.
A document can support more than one part of the relationship. A shared lease may relate to both household arrangements and financial commitments. You do not need to upload multiple identical copies simply to make every category appear fuller.
Use a short index to explain where important material is located. That is more helpful than expecting the reader to find a key date inside hundreds of unrelated pages.
Do documents need translation?
Documents that are not in English generally need an English translation. Follow the current Home Affairs instructions for translator credentials and the information the translation must contain.
Retain and provide the original-language document as well as its translation where required. The translation should be traceable to the complete source document.
If names are transliterated differently across documents, explain the variations. A person may appear with a family name first on one record and last on another, or with a different spelling in an older passport. A short explanation supported by identity records can prevent confusion.
Do not translate a document yourself and present it as an independent professional translation. Also avoid cropping out stamps, annotations or reverse-side information that form part of the document. Source: Home Affairs, subclass 820 application preparation instructions.
How much evidence is enough?
There is no reliable universal page count that makes an application sufficient. The better question is whether the evidence answers the relevant legal and factual questions.
A large file can still leave the start of the de facto relationship unexplained. A short file can be clear but omit a significant period. The task is to cover the relationship's development, continuity and current circumstances with relevant material.
Before adding another document, ask:
- What fact does this document establish?
- Is that fact important to the assessment?
- Is the document dated and understandable?
- Does it cover a gap that the existing evidence does not?
- Does it conflict with anything else that needs explanation?
More copies of the same evidence rarely solve a different missing issue. If your concern is an unexplained year apart, adding photographs from a recent holiday may do little to answer it.
What if a document is unavailable?
Identify the unavailable document, explain why you cannot obtain it and consider what other reliable evidence addresses the same fact.
For example, a couple living with relatives may not have a joint lease. A factual statement from the property owner, address records, household contributions and an explanation of the living arrangement may help describe the household.
An alternative record is not automatically equivalent to a required official document. If the Department requests a particular document, respond to that request directly and explain any genuine difficulty within the response period.
Do not fabricate a replacement, backdate an agreement or ask someone to sign a statement about events they did not witness.
How do you prove a genuine and continuing relationship?
Explain how your relationship works, then support that explanation with records created through your life together.
The regulations identify four broad areas relevant to assessing a spouse or de facto relationship: financial aspects, the household, social aspects and commitment. These are often called the four pillars of relationship evidence.
They are a framework for examining the relationship as a whole. They are not four separate points scores, and every couple does not need an identical document bundle. Source: Migration Regulations, regulations 1.09A and 1.15A.
1. What evidence shows the financial aspects of your relationship?
Financial evidence should explain how you pay for your shared life and what financial responsibilities you have accepted together.
Relevant examples can include:
- A genuinely used joint account.
- Contributions to rent, mortgage repayments or household bills.
- Transfers between partners that have an identifiable purpose.
- Shared ownership of significant assets.
- Joint liabilities or commitments.
- Insurance arrangements, where relevant.
- Financial support during study, unemployment, illness or parental leave.
A bank statement is more useful when its relationship to your household is clear. If one partner transfers money and the other pays the rent, explain that sequence and identify the relevant entries.
You do not need to describe every small purchase. Focus on patterns that demonstrate the arrangement over time.
Illustrative example: Priya and Daniel keep their salaries in separate accounts. Priya pays the rent, Daniel pays utilities and groceries, and they transfer money to balance larger expenses. Their evidence could include representative statements, the lease, bills and a short explanation of the arrangement. Opening a new joint account shortly before lodging would not explain the earlier years as well as those existing records.
If one person pays most expenses, describe why. A household may have unequal incomes or one partner may be doing unpaid care. The explanation should match the records rather than force the relationship into an artificial fifty-fifty model.
Is a joint bank account compulsory?
A joint bank account is one possible type of financial evidence, not a universal substitute for proving a shared life.
Its value depends on how it is used. An account opened recently with a small balance and no meaningful activity may say little about your actual financial arrangements.
If you keep separate accounts, explain how shared expenses are managed and provide records that support that explanation. If there are practical reasons for separate finances, such as existing business arrangements or responsibilities to children, explain the relevant context.
Do not move money back and forth solely to generate transaction volume. That can make the records harder to interpret and does not establish the history you need to prove.
The legal assessment concerns the financial aspects of the relationship, rather than the presence of one particular banking product. Source: Migration Regulations, regulations 1.09A and 1.15A.
2. What evidence shows the nature of your household?
Household evidence should describe where and how you live, including your responsibilities and daily arrangements.
A lease or mortgage is useful, but it does not explain everything. Consider records and statements addressing:
- When you began living together.
- Each address you have shared.
- Who else lives in the home.
- How rent, bills and household expenses are handled.
- How you divide chores and practical responsibilities.
- Care of children or other family members.
- Any periods when you lived at different addresses.
There is no need to make ordinary life sound exceptional. A clear explanation of who shops, cooks, manages appointments and cares for children can help connect formal documents with the reality of your household.
If your address history differs across records, check why. A delayed address update may have a straightforward explanation, but an unexplained inconsistency can create uncertainty about where you were living.
Illustrative example: A couple move into an apartment in February, but one person's bank address remains at a parent's home until May. The application should accurately explain the February move and delayed banking update, supported by other contemporaneous records. Changing the claimed move-in date merely to match the bank statement would create a less accurate history.
What if you live with parents, relatives or housemates?
Explain the arrangement and who can confirm it. A couple living in a family home may have no formal tenancy agreement or utility accounts in both names.
Possible supporting material includes correspondence showing each person's address, contributions to household expenses and a statement from the homeowner describing when you moved in and how you live there.
A helpful statement is factual: who occupies the home, which dates the writer knows and what they have directly observed. It should not claim knowledge of private matters the writer cannot reasonably know.
Where you live with housemates, distinguish the couple's relationship from the broader shared-house arrangement. Explain the shared bedroom or other living arrangements accurately, without assuming that an address shared with several people proves the relationship by itself.
3. What evidence shows the social aspects of your relationship?
Social evidence should show how your relationship is known and understood by other people.
Examples can include:
- Statements from people who know both of you.
- Invitations addressed to you as a couple.
- Photographs from different stages of the relationship.
- Travel with each other, friends or family.
- Participation in family occasions or community activities.
- Relevant communications showing recognition of the relationship.
Select evidence across time and contexts. Ten photographs from different periods may explain more than a hundred near-identical images from one afternoon.
Caption photographs with the approximate date, location, people pictured and event where relevant. If the exact date is unknown, say that it is approximate. Do not invent precision.
Social media is optional evidence of how a relationship is presented publicly; it is not a requirement to publish your private life. If you rarely use social media, say so and rely on other records.
Illustrative example: A couple have few public posts but regularly spend time with close friends and relatives. Specific supporting statements, invitations and dated photographs may explain that social recognition more effectively than creating a new public profile shortly before applying.
What makes a supporting statement useful?
A useful statement explains the writer's actual connection to the couple and provides specific observations.
The writer might describe when they met each partner, how often they see them, occasions spent together and changes they have observed in the couple's shared life.
A statement saying only “they are a genuine couple” offers a conclusion without much basis. A statement describing regular visits to their shared home, a family holiday and practical support during an illness gives the reader something concrete to assess.
Writers should use their own words. Give them factual prompts and the relevant form instructions, but do not supply an identical story for everyone to sign.
Differences in perspective are natural. A sibling and a work colleague will usually know different parts of the relationship. Their statements do not need to repeat the same events to be helpful.
4. What evidence shows commitment to each other?
Commitment evidence should explain why your relationship is an enduring shared life and how your decisions reflect that.
Relevant matters can include the length and development of the relationship, knowledge of each other's circumstances, emotional support, major decisions and future plans.
Examples may include:
- Supporting each other during illness, bereavement or family difficulties.
- Planning a move or choosing housing together.
- Decisions about children and parenting.
- Making practical arrangements for a shared future.
- Maintaining the relationship during unavoidable separation.
- Relevant beneficiary, emergency contact or estate arrangements that genuinely exist.
These documents are not all compulsory. Do not make significant financial or legal arrangements merely because you think they will look persuasive in a visa application. Such decisions should be appropriate for your lives and, where necessary, informed by separate professional advice.
Future plans are stronger when they are realistic and connected to present circumstances. “We want to build a life together” can be explained through the decisions you are already making about work, housing, family and location.
You do not need to promise outcomes outside your control, such as buying a home by a fixed date. Describe intentions honestly and distinguish firm arrangements from possibilities. Source: Migration Regulations, regulations 1.09A and 1.15A.
How should you write your relationship statements?
Each statement should give a clear, accurate account of the relationship from that person's perspective. It should explain the important dates and connect your narrative with the supporting evidence.
A useful structure is:
- How and when you met.
- How the relationship developed.
- When you became committed partners and, where relevant, began living together.
- Your marriage or de facto relationship history.
- Your financial and household arrangements.
- How friends and family know the relationship.
- Significant events, support and periods apart.
- Your current circumstances and plans.
This structure is a writing aid, not a prescribed legal form. Adapt it to the issues your application needs to address.
Should both partners write the same statement?
No. The statements should be consistent about the important facts, but they do not need identical wording.
One person may remember a first meeting through the event they attended, while the other remembers who introduced them. That is different from giving conflicting months for when you moved in together.
Prepare a shared chronology of objective dates, then write individual accounts. Check that addresses, travel periods, marriage details and previous relationships align with the forms and documents.
Where you genuinely remember something differently, investigate the records and explain uncertainty if necessary. Do not manufacture agreement by inserting a date neither of you knows to be correct.
How detailed should the statement be?
Give enough detail to explain the relationship and any issues that need context. Avoid turning the statement into either a few generic sentences or a complete diary of every conversation.
A useful paragraph often contains an event, its significance and a reference to supporting material. For example, explain that you moved into a particular home, why you chose it and where the lease and address records appear.
Reserve more detail for matters that could otherwise be misunderstood: a long separation, separate finances, a delayed divorce, inconsistent addresses or limited contact with family.
Do not bury the central facts under romantic language. A personal voice is appropriate, but factual clarity helps the evidence do its work.
How should you explain difficult facts?
Address them directly and accurately. The purpose is to make the real history understandable.
If you separated briefly and reconciled, explain what happened and how the relationship resumed. If you previously described yourself as single on an official form, obtain advice about how to correct or explain that information rather than ignoring it.
If a previous relationship overlapped with the beginning of the current one, distinguish the end of the earlier shared life from the legal divorce date. Those dates may differ, but the explanation must be truthful.
Never assume that a difficult fact will remain unnoticed because the evidence bundle is long. It is better to assess its legal significance and support an accurate explanation from the outset.
What is Form 888, and who should complete it?
Form 888 is a supporting statement used in partner and prospective marriage visa matters. The current form asks for a person who is at least 18 and knows both partners and their relationship history.
Use the current Home Affairs Form 888, rather than relying on an old downloaded version. The August 2026 version requests identity evidence and, where applicable, evidence of Australian citizenship or permanent residence.
The current form is a supporting statement; do not assume that older instructions about statutory declarations and authorised witnesses still describe it. Home Affairs may request up to three separate statements during processing.
Choose people with meaningful knowledge of the relationship and follow any specific request made in your application. The special statutory declarations required for some section 48-affected applications are a separate issue.
How can you help a person prepare their statement?
Provide your correct names, relevant dates they may need to check and the current form. Ask them to describe what they personally know.
Useful prompts include how they met each of you, how they stay in contact and which events or everyday interactions they remember. Encourage them to distinguish direct observations from information you told them.
Do not ask a writer to claim that they attended an event they missed, knew you during a period before you met them or can verify private finances they have never seen.
Review the finished document for obvious identity or date errors, but keep the writer's own account. If a correction is needed after signing, have it properly addressed rather than silently editing their signed statement.
What should a lawyer check before you lodge an 820 visa?
A lawyer should check the application as a connected history and assess whether the evidence meets the relevant legal requirements. The aim is to see whether someone unfamiliar with you can understand who you are, how the relationship developed and why the requirements are met.
A practical review has three passes.
First, check the dates. Compare the forms, statements, leases, travel records and civil documents. Distinguish the date you met from the start of dating, cohabitation, de facto status and marriage.
Second, check the gaps. Look for periods with little evidence, unexplained time apart or a significant change in your arrangements. Decide what existing records or explanations can address those gaps.
Third, check the legal issues. Confirm that the evidence addresses your actual pathway and any additional requirement, such as de facto duration, sponsor restrictions, Schedule 3 or children.
My Migration Lawyers can review your partner visa evidence against the requirements that apply to your relationship and visa history. The review should identify what a document proves, what remains unclear and whether additional evidence is needed.
This review is more valuable than checking whether every PDF is equally long. Different periods of a relationship naturally produce different records.
What are common evidence mistakes?
Common preparation problems include:
- Relying on a marriage certificate without explaining the ongoing relationship.
- Uploading photographs with no dates or context.
- Providing a newly opened joint account without records of earlier arrangements.
- Leaving periods apart unexplained.
- Using generic statements copied from a template.
- Presenting inconsistent addresses or relationship dates without checking them.
- Omitting relevant previous relationships or immigration history.
- Assuming that the Department will request every missing item before deciding.
A document checklist helps you collect material. A careful factual review helps you determine whether that material actually answers the questions in your application.
Can you use a relationship statement template?
A template can provide headings and prompts, but your statement must remain an accurate account of your own relationship.
Do not copy another couple's experiences, insert events because they sound persuasive or retain template wording that is untrue for you. A polished statement that contradicts the records can be less useful than a plain, accurate one.
Use the template to identify topics, then replace the prompts with your own dates, arrangements and examples. Check the final statement against the application form and supporting documents before signing.
All examples in this guide are illustrative. They are not accounts of My Migration Lawyers clients or predictions about an application's outcome.
How do you apply for an 820 visa step by step?
The ordinary process involves preparing the combined partner application, lodging it through ImmiAccount, completing sponsorship and managing the evidence and requests that follow.
The sequence below describes the usual workflow. If special validity rules apply to you, such as section 48-related requirements, obtain advice about what must be provided at the time of application.
Step 1: Confirm eligibility and choose the right application timing
Check your visa status, conditions, immigration history and relationship eligibility before starting the online form.
For a de facto application, identify whether the duration requirement is met or which exception you rely on. For a married application, check the marriage documents and any previous marriages. Review the sponsor's eligibility at the same time.
Timing should reflect the law and your circumstances. It should not be chosen simply because a visitor visa is about to expire or because you want to begin a processing queue.
Some missing evidence can be supplied later; a requirement that must exist at application cannot necessarily be created retrospectively. Distinguish those issues before lodging. Source: Migration Regulations, Schedule 1 and subclass 820 application-time criteria.
Step 2: Build your chronology and document index
Create a relationship timeline and a separate immigration timeline.
The relationship timeline should identify the main events, addresses and periods apart. The immigration timeline should identify visas, applications, decisions, travel and any period without a substantive visa.
Use those timelines to prepare the forms and statements. This reduces the chance of entering different versions of the same date in different places.
Create an index of supporting documents and mark any missing item. For each missing item, record whether you are obtaining it, providing an explanation or seeking advice about an alternative.
Step 3: Complete the combined application in ImmiAccount
Use the current online application process and answer the questions fully and accurately. Check identity details against passports and civil records.
Pay particular attention to family members, previous names, previous relationships, travel and immigration history. A question should be answered according to what it asks, rather than what you believe will make the application look simpler.
Review the entire form before submission. Keep a copy of the submitted answers and payment confirmation with your records.
The Department's current process is set out in its subclass 820 step-by-step guidance.
Step 4: Complete the sponsorship
The sponsor has a separate role in the process. In an ordinary application, complete the sponsorship promptly using the relevant application details and provide the required supporting information.
Check that the applicant's and sponsor's accounts are consistent about the relationship history, previous relationships and family circumstances.
Where special application validity rules require sponsorship material at lodgement, follow those rules rather than treating sponsorship as something that can always wait.
An applicant's completed form does not mean the sponsor's part has automatically been completed.
Step 5: Upload organised supporting evidence
Upload readable files in the relevant categories, using descriptive names and the current system requirements.
Before uploading, check that every page is present, text is legible and the document is the intended version. Open a sample of the uploaded files to confirm that the content is readable.
Keep a record of what you submitted and when. If you replace a document because of an error, explain the correction where necessary so that different versions do not create confusion.
Do not assume a saved draft attachment has been submitted. Check the application record and any confirmation provided by the system.
Step 6: Complete requested health and character checks
Follow the instructions issued for your application. If examinations are required, use the prescribed medical process and identifiers.
Police certificates may be required from relevant countries, and the required type of certificate can differ by country. Check the specific instructions before ordering.
Consider timing carefully. Checks can have limited usefulness over time, and a long wait may lead to a request for updated material. Avoid booking examinations or obtaining certificates solely because an old online discussion recommends doing so at a particular stage.
Disclose relevant health and character matters accurately. If you anticipate a significant issue, seek advice before assuming that a certificate or short explanation will resolve it. Source: Migration Regulations, subclass 820 and the applicable Schedule 4 public interest criteria.
Step 7: Check your bridging visa position and manage the wait
Read every acknowledgement and visa notification carefully. Confirm which visa is currently in effect, what conditions apply and when any bridging visa becomes active.
Create reminders for correspondence deadlines, contact-detail changes and significant relationship updates. Retain access to the email account used for the application.
If you engage a representative, agree on how requests will reach you and who is responsible for gathering each item. Representation does not remove the need for you to provide accurate information and respond promptly.
Step 8: Read the decision and prepare for the next stage
If the 820 is granted, check the grant notification and retain it. Continue keeping relationship records for the permanent stage.
If the application is refused, read the notice immediately. Any review rights and deadlines must be assessed from the actual decision and your circumstances.
Do not rely on a general online statement about appeal periods or assume that submitting another application is automatically available.
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Can you include children in an 820 application?
Eligible dependent children can be included where the relevant requirements are met. Their eligibility needs to be assessed separately from the couple's relationship.
Important questions include the child's age, dependency where relevant, location, identity, health and character requirements, and the consent or legal authority required for migration.
Collect full birth records and any relevant adoption, parenting, custody or consent documents. If another parent has parental responsibility, do not assume that living primarily with you removes the need to address that parent's rights.
A child approaching an age threshold may require particular attention to timing and dependency evidence. A family member's inclusion should not be based only on the fact that you financially assist them. Source: Migration Regulations, family-unit definitions and subclass 820 secondary applicant criteria.
Can you add a child after lodging?
There are circumstances in which a dependent child can be added before the temporary visa decision, but the requirements and process must be checked. Different arrangements can apply after the 820 has been granted.
Tell the Department about a birth or other relevant change promptly and obtain advice about the correct way to update the application. A child born in Australia also raises separate questions about citizenship and visa status.
Do not assume that uploading a birth certificate alone completes every necessary step, or that a child will automatically be included in the later permanent assessment without the required action.
For applicants connected with a subclass 300 pathway, check the specific family-member rules rather than applying the ordinary checklist without qualification. Source: Migration Regulations, Schedule 1 and subclasses 820, 801 and 445, as relevant.
What happens while you wait for an 820 visa?
Your rights while waiting depend on the visa that is actually in effect. Lodging an 820 application does not immediately give you all the rights of an 820 holder.
This distinction is particularly important for work, travel and compliance with an existing visa's conditions.
StageWhat to checkYour existing substantive visa remains in effectContinue checking and complying with its conditions.A bridging visa has been granted but is not yet activeRead when it comes into effect; do not assume its conditions already govern your stay.You are relying on a bridging visaCheck its work conditions, travel position and cessation rules.Your subclass 820 has been grantedCheck the grant and VEVO record and manage the later permanent-stage requirements.
The legal distinction between substantive and bridging visas, and their operation, is contained in the Migration Act and the relevant visa provisions of the Migration Regulations.
Can you work while waiting for the 820?
Check the conditions of the visa currently in effect.
If you are still on a substantive visa with work restrictions, the partner application does not by itself remove those restrictions. If a bridging visa later comes into effect, check the conditions attached to that visa.
Do not start work solely because you have received an application acknowledgement or because another partner applicant was allowed to work. Your grant notification and current visa record are the appropriate starting points.
If you are unsure whether a condition applies or whether a further bridging visa application is needed, obtain advice before changing your work arrangements. Source: Migration Regulations, relevant bridging visa subclasses and Schedule 8 conditions.
Can you travel overseas while waiting?
You need to check the visa that will permit your return to Australia.
A Bridging Visa A does not provide the travel facility needed to depart and return on that visa. If you need a bridging visa for re-entry, a Bridging Visa B may be required and must be granted before travel.
Check its travel period carefully and return within the authorised period. Having an 820 application pending does not, by itself, authorise an airline to carry you to Australia or permit your re-entry.
If your existing substantive visa is still valid for travel, assess that visa's expiry and entry conditions alongside the bridging arrangements. Do not assume that a bridging visa will remain available in the same way after departure. Source: Migration Regulations, subclasses 010 and 020.
Can the 820 be granted while you are outside Australia?
Under the current rules, an applicant can be in or outside Australia at the time of the 820 decision, but not in immigration clearance. You must still meet the application location requirement when you lodge.
This does not remove the need for appropriate travel permission while the application is pending. Eligibility to receive a decision overseas and permission to return before that decision are different questions. Source: Migration Regulations, clause 820.411.
Can you enrol in Medicare before the 820 is granted?
You may be eligible before grant because the combined application includes a permanent residence application.
Services Australia states that an applicant living in Australia who has applied for permanent residence must also meet the relevant work-right or qualifying family-connection requirement. Its guidance expressly includes combined 820/801 applications.
Enrolment is a separate process. Keep evidence of your application, identity, visa and relevant eligibility circumstances. Check the Services Australia Medicare enrolment guidance for permanent residence applicants rather than assuming that lodging the visa automatically enrols you.
How often should you update relationship evidence?
Provide relevant updates that help establish the relationship remains genuine and continuing. There is no benefit in repeatedly uploading the same documents.
Useful updates can include a new shared address, significant travel, a child, changed household arrangements or representative evidence covering a later period.
Keep a simple record of the period each update covers. If circumstances have changed, explain the change rather than leaving the decision-maker to infer it from a different address or account.
Follow any specific request and deadline. An informal plan to update every few months does not replace an obligation to respond sooner when asked.
What if the Department requests more information?
Read the request from beginning to end and identify each issue, document and deadline.
Create a response checklist that follows the request's order. If the Department asks for evidence covering a particular period, provide that period rather than another copy of earlier material.
Where a requested record is unavailable, explain the reason and provide supporting evidence of your attempts to obtain it where relevant. If you need more time, seek an extension before the deadline and do not assume that it has been granted until confirmed.
If the letter raises credibility concerns or adverse information, obtain advice about the actual issues before replying. A short defensive statement may not address the legal or factual concern. Source: Migration Act, including sections 56–58 and 65.
What happens after an 820 visa is granted?
Read the grant notification, check your visa record and keep gathering relevant records for the permanent assessment.
An 820 holder can live, work and study in Australia and travel while the visa remains valid. Your later plans should still take account of the permanent application and any change in circumstances.
Keep your contact and passport details current. If you receive correspondence about the permanent stage, respond even if you believe the Department already has extensive evidence from the initial application.
The later assessment is concerned with the circumstances relevant to that stage. Documents showing your relationship two years earlier do not necessarily explain what has happened since. Source: Migration Regulations, subclasses 820 and 801.
When does the 801 permanent stage begin?
Ordinarily, the relevant period is two years from the date of the original combined partner application. It is not two years from the temporary visa grant.
Illustrative example: If a couple lodge their combined application in October 2026 and the 820 is granted in April 2028, the ordinary two-year point is October 2028. That date does not guarantee an 801 decision; it identifies the usual timing requirement, subject to the other criteria and exceptions.
Prepare updated evidence of your shared life and complete the permanent-stage process as instructed. Do not treat the anniversary as an automatic conversion to permanent residence. Source: Migration Regulations, clause 801.221.
Can a long-term relationship lead to an earlier 801 assessment?
A qualifying long-term partner relationship can provide an exception to the ordinary two-year waiting requirement.
The regulations generally define this by reference to at least three years as spouses or de facto partners, or at least two years where there is a dependent child of both partners. The relevant long-term relationship must exist at the original application time for this exception.
The evidence needs to establish the qualifying relationship period. Years spent knowing each other, being friends or dating casually cannot automatically be counted as years in the required spouse or de facto relationship.
Even where the exception applies, grant is not automatic. The other permanent visa requirements still need to be met. Source: Migration Regulations, regulation 1.03 and clause 801.221(6A).
What evidence should you keep for the 801?
Keep representative records showing how your relationship has continued since the original application.
These might include later shared housing records, financial arrangements, family events, travel, changes in your household and updated statements. Explain major changes, such as moving interstate or one partner working away.
Avoid keeping only records that existed before the 820 application. Equally, you do not need to recreate a separate staged event for each evidence category.
A simple folder organised by year or period can make the later process easier. Retain copies of each update you provide so that you can see what the Department already has and which period still needs coverage.
What if the relationship ends, your partner dies or you experience family violence?
A change in the relationship can affect the application or visa, but the result depends on the stage and the specific legal provisions.
There are circumstances in which a partner visa can still be available after the relationship has ended. These include particular provisions concerning family violence, the sponsor's death and qualifying child-related circumstances.
Each pathway has requirements. Having a child together, experiencing a bereavement or stating that family violence occurred does not remove the need to establish the applicable criteria and evidence.
Obtain advice before withdrawing the application or assuming that you have no options. Relevant changes should be reported accurately. Source: Migration Regulations, clause 820.221 and subclass 801 criteria, together with the family violence provisions in Division 1.5.
Do you have to remain in an unsafe relationship to protect your visa?
No. Do not assume that remaining with an abusive partner is necessary to preserve every possibility of a partner visa.
Australian migration law contains family violence provisions for partner visas that may be relevant. Their application depends on your circumstances and the evidence, so obtain independent advice.
Your partner cannot personally cancel your visa. They can provide information or withdraw sponsorship, but visa decisions are made under migration law by the relevant authorities.
If there is immediate danger, call 000. Use the Department's domestic and family violence information to find official visa guidance and support information.
Where safe, retain relevant records and arrange a secure way to receive correspondence. Do not put yourself at risk to collect evidence or disclose a plan to seek advice.
What should you do after a relationship breakdown?
Record the relevant dates and obtain advice about what needs to be notified, the effect on your application and whether an exception may apply.
If children are involved, gather the relevant parenting and responsibility documents. If family violence is involved, ask about the specific evidence pathways rather than assuming that only one type of court order can ever be relevant.
If your partner has died, seek advice about the applicable bereavement provisions and the evidence needed. The legal requirements differ from an ordinary continuing-relationship assessment.
Do not submit a statement saying the relationship remains ongoing if it has ended. An inaccurate update can create additional problems beyond the relationship change itself.
Why can an 820 visa be refused?
Refusal can arise because one or more grant requirements are not met. Problems can concern the relationship, sponsorship, health, character, Schedule 3 or other applicable criteria.
An application validity problem is different: it can mean there was no valid application to consider in the first place.
Possible issues to assess include:
- Whether the claimed spouse or de facto relationship satisfies the legal definition.
- Whether a de facto duration requirement or exception has been established.
- Whether the evidence supports a genuine and continuing relationship.
- Whether material inconsistencies have been explained.
- Whether sponsorship can be approved.
- Whether additional criteria arising from immigration history are met.
- Whether false or misleading information or documents raise a public interest issue.
- Whether health or character requirements are satisfied.
The existence of one issue does not tell you the outcome without examining the law and evidence. Likewise, a substantial evidence bundle does not guarantee that all criteria are met. Source: Migration Regulations, subclass 820 and applicable public interest criteria, including PIC 4020 where relevant.
What should you do if the application is refused?
Read the decision immediately and retain the full notice, attachments and the communication showing when it was received.
Check whether review is available, who can apply and the deadline. These depend on the actual decision and circumstances. Do not rely on a general appeal period quoted on social media.
A useful first assessment compares the refusal reasons with the submitted evidence and the relevant criteria. It should also consider your current visa status and the consequences of taking or not taking review action.
Our partner visa refusal guidance explains how My Migration Lawyers can help assess the decision. Prompt advice is important because a missed statutory deadline may be difficult or impossible to repair.
Do you need a lawyer for an 820 visa application?
You are not required to use a lawyer simply because you apply for an 820 visa. The value of legal assistance depends on your circumstances and the work you need done.
Advice can be particularly useful where there is uncertainty about the start of a de facto relationship, short relationship duration, a No Further Stay condition, Schedule 3, previous refusals, sponsor restrictions, children or relationship breakdown.
It can also help with a factually straightforward application where you want a structured eligibility assessment, an evidence review or assistance managing the process.
A useful legal review should identify the actual requirements and risks in your circumstances. It should not be limited to checking whether you have uploaded enough photographs.
What should you bring to an initial consultation?
Prepare:
- Your current visa grant and VEVO details.
- Any refusal or cancellation notices.
- The applicant's and sponsor's identity and status documents.
- A short relationship chronology.
- Details of previous marriages and sponsorships.
- Information about children.
- A list of periods apart and significant evidence gaps.
- Any deadline or travel plan affecting the advice you need.
You do not need a polished application before seeking advice. Accurate core facts and the relevant notices are usually more useful at the first meeting than a large unsorted folder.
Be clear about the scope you want: eligibility advice, review of a self-prepared application or assistance preparing and managing the full matter.
How can My Migration Lawyers help with your 820 visa?
My Migration Lawyers can assess whether you can apply, identify legal issues and help prepare your relationship evidence. The starting point is your current visa, immigration history, relationship timeline and sponsor's circumstances.
For a new application, that work can include checking eligibility, reviewing the evidence, preparing the forms and addressing gaps or inconsistencies. For an application already lodged, the work may involve reviewing a request from the Department, preparing a response or assessing a change in circumstances.
The advice should explain which requirements apply to you and what evidence supports them. It should also distinguish issues that must be resolved before lodgement from documents that can appropriately be supplied later.
If you need assistance, request a consultation with My Migration Lawyers. Provide your current visa details, any refusal or cancellation notice, your relationship timeline and any deadline so the lawyer can assess the position.
Frequently Asked Questions
What if we cannot remember the exact date we first met?
Use the best date you can establish and state clearly if it is approximate. Check existing messages, photographs, bookings or calendar entries before preparing your statements. Distinguish an uncertain first meeting date from the legally important date you say the de facto relationship began. Do not invent an exact date or change a reliable record simply to make both statements look identical.
Should we include intimate photographs to prove our relationship?
No. Prepare evidence that explains your shared life without exposing intimate material. Ordinary dated photographs, household records, financial arrangements and statements can address the relationship factors discussed in this guide. A private image does not resolve questions about when a de facto relationship began or whether it continued during a separation. Select evidence for the fact it establishes, rather than how personal it is.
Can someone help both of us organise our relationship statements?
Yes. Someone can help you organise the chronology and identify topics that need explanation, but each statement must remain that person's accurate account. Read every sentence before signing and correct anything that does not reflect your knowledge or experience. Using common headings is different from presenting two identical personal histories. The important dates should agree with reliable records, while each person explains the relationship in their own words.
Can a friend who knows us online complete Form 888?
The current form does not state that the writer must have met you face to face. It requires a person aged at least 18 who knows both partners and the history of their relationship. An online friend should explain how they know you, how often you communicate and what they have personally observed. They should distinguish online contact from events you described to them and follow the form's identity requirements.

























