Temporary Partner Visa Australia

A temporary partner visa in Australia is the Subclass 820 Partner (Temporary) visa, the first stage of the onshore partner visa process. The temporary partner visa lets the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia while the Department of Home Affairs decides the permanent Subclass 801 stage. This article explains who qualifies for the temporary partner visa, what the Department must be satisfied of, the evidence it expects, what you can do while you hold it, your obligations, what ends it, and what happens if the relationship ends. For the wider picture of every partner visa subclass, see our complete guide to partner visas in Australia.

What is a temporary partner visa?

A temporary partner visa is the Subclass 820 visa, which the Migration Regulations 1994 call the Partner (Temporary) (Class UK) visa, granted to a person in Australia on the basis of a married or de facto relationship with an eligible sponsor. It is a temporary visa, but it is not a short-term visa. It is designed to cover the period between the first decision and the decision on permanent residence.

The temporary partner visa is never applied for on its own. Item 1214C of Schedule 1 to the Migration Regulations 1994 requires an application for a Subclass 820 visa to be made at the same time and place as an application for the permanent Subclass 801 visa. In practice, one combined online application covers both stages. The Department first decides the temporary partner visa and later decides the permanent visa. Our Subclass 820 visa service page explains how My Migration Lawyers runs that combined application from start to finish.

The application is made online through ImmiAccount using Form 47SP. Home Affairs states that paper applications are accepted only by invitation, and an uninvited paper application is invalid. If you have not used the system before, our guide on how to create an ImmiAccount sets out the steps.

The temporary partner visa is the onshore pathway. Its offshore counterpart is the Subclass 309 Partner (Provisional) visa, which is lodged online while the applicant is outside Australia and leads to the permanent Subclass 100 visa. The two visas share the same relationship tests, but the location rules are different. Our Subclass 309 visa page covers the offshore pathway.

Why the temporary stage matters more than most people think

Many applicants treat the temporary partner visa as a formality and save their effort for the permanent stage. That is a mistake. The temporary partner visa decision is where the Department makes its first full assessment of whether the relationship is genuine and continuing. Many refusals of combined partner applications happen at this first stage, and our article on why Subclass 820 partner visas are refused shows how often the problem traces back to the evidence lodged at the start.

A refusal of the temporary partner visa also brings down the permanent application. The Department's procedural instruction directs officers to refuse the associated Subclass 801 application when the Subclass 820 visa is refused, because the applicant cannot hold the Subclass 820 visa that the permanent stage requires. The first stage therefore decides whether there will be a second stage at all. Our overview of why partner visas get refused explains the most common causes across both stages.

Who qualifies for a temporary partner visa at the time of application?

You qualify for a temporary partner visa at the time of application if you are in Australia, you are the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you are sponsored by that partner, and you meet the rules about your current visa status. These requirements are set out in clause 820.211 of Schedule 2 to the Migration Regulations 1994, and each one must be met on the day the application is lodged.

The time of application criteria are strict because they cannot be fixed later. If a criterion that must be met at lodgement was not met on that day, later evidence cannot cure it. Our partner visa lawyers check every time of application criterion before a temporary partner visa application is lodged for this reason.

The relationship requirement

The applicant must be the spouse or de facto partner of the sponsor when the application is made. A spouse is a person in a married relationship that meets section 5F of the Migration Act 1958. A de facto partner is a person in a de facto relationship that meets section 5CB of the Act.

For both types of relationship, the law asks the same core questions. The couple must have a mutual commitment to a shared life as a couple to the exclusion of all others. The relationship must be genuine and continuing. The couple must live together, or not live separately and apart on a permanent basis. The Department then assesses the factors in regulation 1.15A for married couples and regulation 1.09A for de facto couples.

De facto applicants also face regulation 2.03A, which generally requires the de facto relationship to have existed for at least 12 months before the application, subject to exceptions. Our separate articles on the 12-month de facto rule and its exceptions and on whether you really need 12 months of de facto relationship for a Subclass 820 visa deal with that requirement. Same-sex couples are assessed under exactly the same rules, and our LGBTI partner visa page explains how My Migration Lawyers acts for same-sex couples.

A temporary partner visa cannot be granted on a relationship that only becomes genuine after lodgement. The Tribunal has repeatedly examined whether the relationship was genuine and continuing at the time of application, which is why the evidence must show the relationship as it stood on that date, not only as it stands at decision.

Being in Australia and holding the right visa

The applicant must be in Australia, but not in immigration clearance, when the temporary partner visa application is made. This is a validity requirement under paragraph 1214C(3)(c) of Schedule 1. An applicant who is overseas on the day of lodgement cannot make a valid Subclass 820 application.

The applicant's visa status on the day of lodgement also matters. Several rules can block or complicate a temporary partner visa application:

• Transit visa holders. A person who holds a Subclass 771 Transit visa cannot satisfy the time of application criteria.
• Certain regional skilled visa holders. A person who holds, or last held, a Subclass 491 or Subclass 494 visa must have held it for at least three years. Holders of some older regional visas must have held them for at least two years. Clause 820.212 also requires substantial compliance with the conditions of those regional visas.
• No further stay conditions. A visa with condition 8503 generally prevents a valid onshore application unless the condition is waived. Our article on applying for a Subclass 820 visa with an 8503 condition explains the waiver route.
• Section 48 bar. A person who has had a visa refused or cancelled since last entering Australia and holds no substantive visa can still apply for a temporary partner visa, but additional validity requirements apply to the permanent application lodged with it. Our guide to applying for a partner visa after a visa refusal covers the section 48 rules.

People who arrived on a visitor visa often ask whether they can apply onshore. The answer depends on the conditions attached to the visitor visa and on their history. Our article on moving from a tourist visa to a partner visa in Australia sets out what to check first.

Applying without a substantive visa: Schedule 3

An applicant who does not hold a substantive visa on the day of lodgement can still qualify for a temporary partner visa, but only if they also meet Schedule 3 criteria 3001, 3003 and 3004, or the Department is satisfied that there are compelling reasons not to apply those criteria. This is subparagraph 820.211(2)(d)(ii). The Department's policy states that a genuine relationship, or the hardship of separation, is generally not by itself a compelling reason, because every partner applicant has a relationship. The policy also states that an Australian citizen child with a demonstrable link to the applicant may support a waiver in the best interests of the child.

Schedule 3 is one of the most technical parts of the temporary partner visa. Our articles on the Schedule 3 criteria for partner visas and the Schedule 3 partner visa waiver explain the criteria in detail, and our Schedule 3 waiver service page explains how My Migration Lawyers prepares these cases.

The sponsor

The applicant must be sponsored by their spouse or de facto partner, who must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. The sponsor completes the online sponsorship form. A temporary partner visa application can be validly made without the sponsorship form being lodged at the same time, unless section 48 applies to the applicant. However, the sponsorship must be approved and still in force when the temporary partner visa is decided.

Some sponsors are limited or barred from sponsoring, for example because of previous partner sponsorships or certain criminal convictions. Those limits are dealt with in our article on when a sponsor cannot sponsor a partner visa and on our sponsorship limitations service page.

Prospective marriage visa holders

A person who entered Australia on a Subclass 300 Prospective Marriage visa and married their sponsor can apply for the temporary partner visa in Australia. Subclauses 820.211(5) and (6) deal with current and former Subclass 300 holders. Subclauses 820.211(7), (8) and (9) also protect a Subclass 300 holder who married the sponsor where the sponsor has since died, or where the relationship ended because of family violence committed by the sponsor, before the temporary partner visa application was made. Our Subclass 300 visa page explains that pathway.

What must the Department be satisfied of before granting a temporary partner visa?

Before granting a temporary partner visa, the Department must be satisfied that the applicant still meets the relationship and sponsorship requirements, or meets one of the special provisions for death of the sponsor, family violence or a child of the relationship, and that the applicant satisfies the public interest criteria for health, character, the Australian values statement, integrity and passport requirements. These time of decision criteria are in Subdivision 820.22 of Schedule 2.

The relationship must still be genuine and continuing

Under paragraph 820.221(1)(a), the applicant must continue to meet the relationship requirement at the time of decision. The Department may treat this as satisfied without further enquiry only if there is no evidence to the contrary and no significant time has passed since the relationship was assessed. In other cases, officers are expected to take reasonable steps to confirm that nothing has changed. This can include requests for updated evidence, interviews with both partners, and in some cases home visits.

If the Department writes to you during processing, the request will usually be made under section 56 of the Migration Act. Our guide to responding to a section 56 request for more information explains how to deal with that request. If the Department has adverse information it intends to rely on, it will usually invite comment first, and our article on the section 57 natural justice letter for a partner visa explains how to respond.

The sponsorship must be approved and in force

Subclause 820.221(4) requires the sponsorship to be approved and still in force at the time of decision. If the sponsor withdraws the sponsorship before the temporary partner visa is decided, the applicant will generally fail this criterion unless one of the special provisions applies. A sponsor withdrawal is one of the most serious events that can happen during the temporary partner visa process, and it calls for urgent advice.

Health, character and other public interest criteria

The applicant must satisfy the public interest criteria listed in clauses 820.223 to 820.226. These include:

• Character and security, through public interest criteria 4001, 4002 and 4003. Police certificates are usually required for each country where the applicant has lived for a total of 12 months or more, in line with the Department's published requirements, and the Department can request them at any time.
• Debts to the Commonwealth, through public interest criterion 4004.
• Health, through public interest criterion 4007, which usually requires health examinations.
• Public interest criterion 4009, which applies to certain applicants.
• The Australian values statement, through public interest criterion 4019, for applicants aged 18 or over at the time of application.
• Integrity, through public interest criterion 4020, which deals with false or misleading information and bogus documents.
• Passport, through public interest criterion 4021.

Members of the family unit who are included in the application must also meet health and character criteria. Even members of the family unit who are not applicants must generally meet several of these criteria. This is the "one fails, all fail" rule in clause 820.224.

Public interest criterion 4020 deserves particular attention. An applicant who gives false or misleading information, or provides a bogus document, can be refused and can face a period during which further visas are restricted. Every answer in the application, including past relationships, previous visa applications and travel history, must be complete and accurate. The Form 80 guide shows how many errors in personal particulars arise from simple carelessness.

You must be in Australia when the temporary partner visa is granted

Clause 820.411 requires the applicant to be in Australia, but not in immigration clearance, when the temporary partner visa is granted. If you are overseas when the Department is ready to decide, the temporary partner visa cannot be granted. The Department's policy allows an officer to defer a decision where the absence is shown to be temporary, generally for up to six months as a guide only, but the officer is not required to wait. If the applicant does not return, the policy directs the officer to refuse the application.

This is one of the least understood traps of the temporary partner visa. An applicant who travels for a long period while the application is undecided can lose the application entirely, and a refusal decision can only be taken to the Administrative Review Tribunal by an applicant who is physically in Australia when the review application is made.

What evidence does the Department expect for a temporary partner visa?

The Department expects evidence that proves the identity of both partners, the legal basis of the relationship, and that the relationship is genuine and continuing across the four aspects the law requires it to assess: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the commitment. Evidence for a temporary partner visa should be lodged with the application, not held back for a later request.

The Department does not weigh one document at a time. It looks at the relationship as a whole. A strong temporary partner visa application tells one consistent story across the forms, the documents, the relationship statement and the supporting statements of friends and family. Our detailed guide to partner visa evidence and how to prove your relationship is genuine and our article on preparing evidence of a genuine relationship go deeper into each category.

The four aspects of the relationship

Regulations 1.15A and 1.09A require the Department to consider all the circumstances of the relationship, including four aspects:

• Financial aspects of the relationship. This covers joint ownership of property, joint liabilities, the pooling of financial resources, and how day-to-day household expenses are shared. Joint bank accounts, shared bills, a joint lease and evidence of financial support are typical.
• The nature of the household. This covers joint living arrangements, joint care of children, and how household responsibilities are shared. Evidence that both partners live at the same address over time is central.
• Social aspects of the relationship. This covers whether the couple presents itself as a couple to friends, family and the wider community, and whether others recognise the relationship. Joint invitations, travel together, joint membership of clubs and supporting statements from people who know the couple are typical.
• The nature of the commitment. This covers the duration of the relationship, the length of time living together, companionship and emotional support, and whether the couple sees the relationship as long-term.

These are aspects of the relationship that the Department assesses. They are not separate documents. There is no "financial statement", "household statement", "social statement" or "commitment statement" in a temporary partner visa application. A partner visa has one relationship statement, and the evidence for each aspect is the documents and the statements that support it.

The relationship statement

The relationship statement is the applicant's and the sponsor's own account of how the relationship began, how it developed, and where it stands today. It is written in the couple's own words and must be true, specific and consistent with every other document lodged. Our guide to the partner visa relationship statement, with examples explains what a strong statement covers.

A lawyer does not write your story for you. At My Migration Lawyers, the statement remains your own account. The firm reviews it against the forms and the evidence, identifies gaps and inconsistencies, and asks you to correct and confirm it before it is lodged.

Form 888 supporting statements

Form 888 is a supporting statement made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who knows the couple and can speak to the relationship. It is not a statutory declaration. For most temporary partner visa applications, Form 888 statements are the right way to present third-party support.

There are, however, special partner visa cases where Form 888 statements will not do. For example, an applicant to whom section 48 applies must provide two statutory declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizens with the permanent application, made no more than six weeks before lodgement, under subparagraph 1124B(3)(e)(iii). Lodging Form 888 statements in that situation instead of real statutory declarations would make the application invalid. Our guides on who can make a Form 888 and what it should say and on Form 888 example answers and common mistakes explain both points.

Identity, relationship and character documents

Beyond relationship evidence, a temporary partner visa application usually needs:

• passports and identity documents for each applicant;
• a marriage certificate for married couples, or evidence of the de facto relationship and, where relevant, a relationship registration;
• birth certificates and custody documents for any dependent children included;
• evidence of any name changes;
• police certificates and health examinations when requested or required; and
• the sponsor's identity and status documents.

Our partner visa document checklist and our evidence checklist for the Subclass 820 visa list the documents in more detail. Documents in a language other than English generally need an accredited English translation.

What do people most often get wrong about the temporary partner visa?

People most often get the temporary partner visa wrong by assuming the first stage is a formality, by misunderstanding what the Department actually assesses, and by not knowing which events can end the visa. These errors are common, and correcting them early prevents avoidable refusals.

"The temporary partner visa is just a waiting visa"

This is wrong. The temporary partner visa decision involves a full assessment of the relationship, the sponsorship and the public interest criteria. It is the stage at which the Department decides whether the relationship is genuine and continuing on the evidence available. The permanent stage is a fresh assessment, but it builds on the first.

"The temporary partner visa and the permanent visa are two separate applications"

This is wrong. Both visas are applied for together in one combined application. The application charge is payable when the combined application is lodged. There is no new application for the permanent stage in the standard case. The applicant is asked to provide updated information when the permanent stage is assessed. Our article on the difference between Subclass 820 and Subclass 801 covers how the two stages relate.

"You need four separate statements"

This is wrong. The four aspects are matters the Department assesses. One relationship statement covers the history and current state of the relationship. Supporting evidence goes to each aspect.

"A Form 888 is a statutory declaration"

This is wrong. A Form 888 is a supporting statement on a Departmental form. A statutory declaration is a different legal document made under the Statutory Declarations Act 1959 and witnessed by an authorised witness. Using the wrong document can be fatal in the special cases where the law requires statutory declarations.

"If the relationship ends, the temporary partner visa simply continues"

This is wrong. If the relationship ends, the applicant must tell the Department. Unless family violence, the death of the sponsor, or a child of the relationship with custody or access arrangements is involved, the applicant will generally no longer meet the criteria, and the Department can refuse the permanent stage or cancel the temporary partner visa. This is explained in detail later in this article.

"A temporary partner visa can be granted while you are overseas"

This is wrong. Clause 820.411 requires the applicant to be in Australia when the temporary partner visa is granted. The permanent Subclass 801 visa can be granted whether the applicant is in or outside Australia, but the temporary partner visa cannot.

What can you do while holding a temporary partner visa?

While you hold a temporary partner visa you can live in Australia, work without restriction, study, and travel in and out of Australia, because no visa conditions may be imposed on a Subclass 820 visa under Subdivision 820.6 of Schedule 2. The temporary partner visa remains in effect until the permanent application is decided or withdrawn.

Work

The temporary partner visa carries no work limitation. The holder can work full time, part time or casually, for any employer, and can run a business. There is no condition limiting hours or type of work. Before the temporary partner visa is granted, work rights depend on the bridging visa the applicant holds, which is a different question. Our article on working while waiting for your Subclass 820 visa covers that waiting period, and our guide to bridging visas in Australia explains the different bridging visas.

Study

The temporary partner visa carries no study limitation. The holder can enrol in courses at any level. Whether domestic tuition rates, government loans or other support apply is decided by the education provider and the relevant government program, not by the visa grant itself, so the holder should check eligibility with the provider directly.

Travel

Clause 820.511 provides that the temporary partner visa permits the holder to travel to, enter and remain in Australia until the permanent application is decided or withdrawn. In practice, this means the holder can travel overseas and return during the life of the visa. Two cautions apply. First, long absences may make it harder to show a continuing shared life at the permanent stage, especially if the partners live apart. Second, the permanent Subclass 801 visa can be decided while the holder is overseas, and if it is refused while the holder is outside Australia, a review application cannot be made until the holder is back in Australia.

Medicare and other services

At a general level, holders of a temporary partner visa are usually able to enrol in Medicare, because they have applied for a permanent visa. Eligibility is decided by Services Australia under its own rules, not by the Department of Home Affairs. Access to other government payments and services depends on the rules of each program.

Including children and adding a newborn

Dependent children can be included in the temporary partner visa application at lodgement. Regulation 2.08 adds a child born after lodgement to the application by operation of law, unless the child is an Australian citizen at birth. A child born in Australia to a parent who is an Australian citizen or permanent resident at the time of birth is generally an Australian citizen by birth. Regulation 2.08B allows a dependent child to be added to an undecided temporary partner visa application at the applicant's written request, if its requirements are met.

What are your obligations as a temporary partner visa holder?

As a temporary partner visa holder or applicant, you must tell the Department in writing about any change in your circumstances that makes an answer in your application incorrect, keep your contact details up to date, give only true and complete information, and remain in the genuine and continuing relationship on which the visa was granted, unless a special provision applies. These obligations continue from lodgement until the permanent visa is decided.

Notify changes in circumstances: Form 1022

Section 104 of the Migration Act requires an applicant to notify the Department in writing, as soon as practicable, if their circumstances change so that an answer in their application becomes incorrect. The Department's procedural instruction gives examples that include the relationship ending and changes to the family unit through birth, death or a change in relationship status. The usual way to notify a change is Form 1022, Notification of changes in circumstances.

Typical changes that must be notified include:

• separation or the end of the relationship;
• the birth of a child or the addition of a family member;
• a change of address, if it means the partners no longer live together;
• a new criminal charge or conviction; and
• any other fact that makes an earlier answer untrue.

Our guide to Form 1022 and when to lodge it explains how to complete the form.

Keep contact details and passport details current

Subsection 52(3B) of the Migration Act requires an applicant to tell the Department about a change of contact details. The Department sends important letters, including requests for information, natural justice letters and the reminder about the permanent stage, to the contact details on file. A missed letter can lead to a decision being made without your response. Changes of address and passport details are usually notified through ImmiAccount or Form 929. If you appointed a representative, the Form 956 and 956A guide explains how authorised recipients receive correspondence.

Honesty throughout the process

The obligation to give true information does not end when the temporary partner visa is granted. Public interest criterion 4020 applies again at the permanent stage, and section 109 of the Migration Act allows the Department to consider cancelling a visa where incorrect information was given or a change was not notified. The Tribunal decision in PALASIT (Migration) [2026] ARTA 1914, reported on false or misleading information where a previous relationship was not declared, illustrates how seriously undisclosed relationship history is treated.

Keep building the evidence

The permanent stage involves a fresh assessment of the relationship. Holders of a temporary partner visa should keep records across the four aspects throughout the life of the visa: joint finances, the shared household, social life and the commitment between the partners. This makes the permanent stage far easier. Our guide to Subclass 820 visa requirements, documents and how to apply covers the requirements that run across both stages.

How long does a temporary partner visa last and what ends it?

A temporary partner visa lasts until the holder is notified of the decision on the permanent Subclass 801 application, or until that permanent application is withdrawn. Clause 820.511 sets this visa period. There is no fixed expiry date on the grant notice, and the visa does not need to be renewed.

Several events can end a temporary partner visa:

• Grant of the permanent visa. When the Subclass 801 visa is granted, the holder becomes a permanent resident and the temporary partner visa ends. This is the outcome the process is designed for.
• Refusal of the permanent visa. When the holder is notified that the Subclass 801 application has been refused, the temporary partner visa ceases. If the holder is in Australia, the bridging visa associated with the application generally comes into effect, which allows time to seek review or to make arrangements to leave.
• Withdrawal of the permanent application. If the permanent application is withdrawn, the temporary partner visa ends.
• Cancellation. The Department can cancel a temporary partner visa on a ground set out in the Migration Act, for example under section 116 or section 109. The Department's procedural instruction describes the process to follow when a Subclass 820 visa is cancelled because the relationship has broken down. Our visa cancellations service page explains how My Migration Lawyers responds to a notice of intention to consider cancellation.
• Grant of another substantive visa. In general, the grant of a new substantive visa causes an earlier substantive visa to cease. A temporary partner visa holder should obtain advice before applying for any other visa.

A refusal at the permanent stage is a Part 5 reviewable decision. Review deadlines are short and strictly applied, so any refusal notice should be read the day it arrives. Our guides to what to expect in an ART review after a visa refusal and to partner visa refusal appeal options explain the process, and our partner visa refusals service page explains how My Migration Lawyers acts in refused partner matters.

What happens to a temporary partner visa if the relationship ends?

If the relationship ends, the temporary partner visa holder or applicant must notify the Department, and in most cases they will no longer meet the relationship criteria, unless one of three special provisions applies: the applicant or a dependent child suffered family violence committed by the sponsor, the applicant has custody of, access to, or parenting orders for a child of the relationship for whom the sponsor has parental or maintenance obligations, or the sponsor has died. These provisions exist so that no one feels forced to stay in a violent relationship to keep a path to permanent residence, and so that parent and child relationships can continue.

The special provisions apply at both stages. Subclauses 820.221(2) and (3) deal with a relationship that ends after the combined application is lodged but before the temporary partner visa is decided. Subclauses 801.221(5) and (6) deal with a relationship that ends after the temporary partner visa is granted. Our article on what happens to a Subclass 820 application if the relationship breaks down gives a broader overview.

The relationship must have been genuine until it ended

Every special provision depends on one threshold fact. The applicant must show that they were the spouse or de facto partner of the sponsor, meeting all the requirements of section 5F or section 5CB and the related regulations, up until the relationship ended. A family violence claim cannot rescue a relationship that the Department finds was never genuine. This is why the evidence of the relationship during the time it existed remains essential, even after separation.

Family violence

Under subparagraph 820.221(3)(b)(i), the temporary partner visa can still be granted after the relationship has ended if the applicant, or a dependent child of the sponsor or of the applicant or of both of them, has suffered family violence committed by the sponsor. The same protection applies at the permanent stage under subparagraph 801.221(6)(c)(i).

Division 1.5 of the Migration Regulations 1994 sets out how a family violence claim is established. There are two kinds of claim:

• Judicially determined claims. These rely on evidence from an Australian court, such as an injunction under the Family Law Act 1975, a family violence order made by a state or territory court after the alleged perpetrator had an opportunity to be heard, or a conviction or finding of guilt against the sponsor for an offence against the alleged victim. If the evidence meets the requirements of subregulations 1.23(2) to (7), the Department must accept that family violence occurred and cannot refer the claim to an independent expert.
• Non-judicially determined claims. These rely on a joint undertaking made to a court, or on evidence of the kinds specified in a legislative instrument, under subregulations 1.23(8) and (9). If the Department is not satisfied on this evidence that relevant family violence occurred, it must refer the claim to an independent expert, whose opinion it must accept.

Relevant family violence is not limited to physical harm. The Department's policy confirms that it includes other forms of abuse, such as psychological and financial abuse, where the conduct causes the alleged victim to reasonably fear for, or be reasonably apprehensive about, their wellbeing or safety. The family violence, or part of it, must have occurred while the relationship existed. There is no requirement that the family violence caused the relationship to end.

Family violence matters require care in the way evidence is gathered and presented, and the safety of the person comes first. Our family violence partner visa page explains how My Migration Lawyers acts in these matters.

A child of the relationship

Under subparagraph 820.221(3)(b)(ii), the temporary partner visa can still be granted after the relationship ends if the applicant has custody or joint custody of, access to, or a parenting order relating to, a child, and the sponsor has been granted joint custody or access by a court, has a parenting order under the Family Law Act 1975, or has a formal maintenance obligation for that child. The same protection applies at the permanent stage under subparagraph 801.221(6)(c)(ii).

The Department's policy notes that both parents generally have joint custody of their child unless a court order or formal relinquishment says otherwise. Evidence of the child's parentage and of the parenting arrangements, such as birth certificates, parenting orders or a parenting plan, assists the decision.

Death of the partner

Under subclause 820.221(2), if the sponsor dies before the temporary partner visa is decided, the applicant can still be granted the visa if they would have continued to meet the requirements had the sponsor not died, they satisfy the Department that the relationship would have continued, and they have developed close business, cultural or personal ties in Australia. Subclause 801.221(5) gives the same protection if the sponsor dies after the temporary partner visa is granted. A certified copy of the death certificate is required.

The Department's policy treats personal ties as including close relationships with family and friends in Australia and ongoing carer responsibilities for children, where there is regular and ongoing contact. The policy also recognises that an applicant who forms a new relationship after the sponsor's death may still be able to show that the original relationship would have continued.

When none of the special provisions applies

If the relationship ends and none of the special provisions applies, the temporary partner visa applicant will generally no longer meet the criteria. The application, or the permanent stage, is likely to be refused, and a granted temporary partner visa can be cancelled. The applicant should get advice quickly about other visa options, about their current visa status, and about the timing of any departure or new application. Our page on urgent immigration lawyer advice explains what to prepare before speaking to a lawyer.

The permanent stage can be decided early under the special provisions

An applicant who is granted the temporary partner visa under the death, family violence or child provisions does not have to wait two years from the combined application before the permanent stage can be decided. Subclause 801.221(7) allows the Subclass 801 visa to be granted at any time in those cases.

What Tribunal decisions show about the temporary partner visa

Tribunal decisions show that refused temporary partner visa applications are often sent back to the Department where the evidence before the Tribunal shows a genuine and continuing relationship at the time of application, or where a relationship that has ended is shown to have been genuine before family violence occurred. A remittal means the Tribunal sent the matter back to the Department to reconsider in line with its findings. It is not itself a grant of the visa.

The following Subclass 820 decisions were remitted, and the reported issues are as follows:

• COLLIASS (Migration) [2026] ARTA 855. Reported on a genuine and continuing relationship at the time of application, a valid marriage, the financial, household and social aspects of the relationship and the nature of the commitment, with the relationship accepted.
• MARENTES (Migration) [2026] ARTA 665. Reported on a genuine and continuing relationship at the time of application, a valid marriage, and the financial, household and social aspects of the relationship and the nature of the commitment.
• 2538577 (Migration) [2026] ARTA 1176. Reported on a relationship that had ceased, a genuine and continuing relationship before family violence, the pooling of financial resources and shared household responsibilities.
• Siyad (Migration) [2025] ARTA 2129. Reported on a relationship that had ceased, a genuine and continuing relationship before family violence, coercive control, and joint utility and tenancy accounts.
• 2218391 (Migration) [2026] ARTA 1681. Reported on a genuine and continuing relationship, a relationship that had ceased, a child of the relationship and a domestic violence protection order.
• Dau (Migration) [2025] ARTA 921. Reported that the relationship with the sponsor had ceased, that a child of the parties' relationship was born, and that the parties were in a genuine and continuing relationship.
• Goco (Migration) [2025] ARTA 430. Reported on a genuine and continuing relationship, a deceased sponsor, a new relationship that was registered, and an Australian citizen child.

Three lessons follow for anyone holding or applying for a temporary partner visa. First, the evidence of the relationship at the time of application carries great weight, and many refusals turn on gaps that existed from the start. Second, the end of a relationship does not end the case where family violence, a child or the death of the sponsor is involved, but the genuineness of the relationship before it ended must still be proved. Third, review is only available within a short and strictly applied deadline, and the applicant must be in Australia to apply. Our visa appeal lawyer article explains when review is worth pursuing, and our visa refusals page explains how the firm handles refused visas more generally.

How does the temporary partner visa lead to permanent residence?

The temporary partner visa leads to permanent residence through the Subclass 801 application lodged at the same time, which the Department assesses once two years have passed since the combined application was made, provided the relationship is still genuine and continuing and the public interest criteria are still met. No new application is needed for the standard pathway.

Near the end of that period, the Department usually sends a reminder inviting the applicant to provide updated information through ImmiAccount. The Department's policy describes the permanent stage as a fresh assessment of the relationship, based on the evidence before the officer at that time. Updated relationship evidence and new Form 888 supporting statements are commonly provided. Police certificates are generally needed for any country where the holder has lived for a total of 12 months or more since the temporary partner visa was granted. Repeat health examinations are not ordinarily required, unless the Department has a specific reason to ask.

There are exceptions to the standard pathway. If the couple was already in a long-term partner relationship when the combined application was made, meaning a relationship of at least three years, or at least two years where there is a dependent child of both partners, subclause 801.221(6A) allows the permanent visa to be decided immediately after the temporary partner visa is granted. The death, family violence and child provisions also allow an early decision, as explained above.

The detail of the two stages and the permanent assessment is covered in our articles on the Subclass 820 visa as the onshore partner visa and the complete Subclass 820 partner visa guide. If you are unsure whether your temporary partner visa application is on track, our article on getting a second opinion from an immigration lawyer explains what a review of your file involves, and our article on hiring an immigration lawyer after lodging your own visa application explains how a lawyer can step in part way through.

How My Migration Lawyers handles temporary partner visa matters

My Migration Lawyers prepares and manages temporary partner visa applications from the first eligibility check through to the permanent stage, and acts in complex temporary partner visa matters, including Schedule 3 cases, section 48 cases, sponsor limitations, relationship breakdown, family violence and Tribunal review. The firm acts in many Subclass 820 matters of exactly this type and is equipped to handle them.

Our work on a temporary partner visa follows clear steps:

• Eligibility at lodgement. We confirm the applicant's visa status, any conditions such as 8503, any section 48 bar, any regional visa history and whether Schedule 3 applies, and we check the sponsor for any limitation, before anything is lodged.
• Relationship assessment. We review the history of the relationship against section 5F or section 5CB and the four aspects, and we identify where the evidence is thin.
• Evidence and statements. We review the couple's relationship statement against the forms and the evidence, identify gaps and inconsistencies, and ask the couple to correct and confirm their own account. We check Form 888 supporting statements, and we confirm whether statutory declarations are legally required instead.
• Forms and integrity. We check every answer in the application and the Form 80 for completeness and consistency, so that public interest criterion 4020 is not put at risk.
• Lodgement and processing. We lodge the combined application online and respond to Department requests, section 56 requests and natural justice letters within the time allowed.
• Life on the visa. We advise on travel, on notifying changes with Form 1022, and on what to keep for the permanent stage.
• When things change. If the relationship ends, the sponsor dies, or family violence occurs, we advise on the special provisions and the evidence Division 1.5 requires.
• Refusal and review. If a temporary partner visa or the permanent stage is refused, we advise on Tribunal review within the deadline.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, see how the firm approaches partner visa lawyer work in Australia, and read our guide on when you need an immigration lawyer for a partner visa. Our guide to partner visa lawyer help versus doing it yourself and our explanation of the roles of a partner visa migration agent or lawyer set out what professional help involves, and our article on how to choose the best partner visa lawyer in Australia explains what to look for.

My Migration Lawyers acts for temporary partner visa clients across Australia by video consultation, including clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. The firm also acts as immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. If you are comparing advisers in your city, our guides to choosing the best partner visa lawyer in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta may help.

Every temporary partner visa matter is different, and no lawyer can promise an outcome. What My Migration Lawyers can do is make sure your application meets the law on the day it is lodged, that your evidence tells a consistent and complete story, and that you know your obligations and options at every stage.

Book a consultation with My Migration Lawyers to have your temporary partner visa application or current visa reviewed. You can also call us on 1300 040 300.