Is a Partner Visa 820 Permanent Residency in Australia?

A Subclass 820 Partner Visa is not permanent residency. It is the temporary stage of Australia’s partner visa pathway, allowing you to live, work, and study in Australia while waiting for eligibility for the permanent Subclass 801 visa.

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Is the 820 Visa Permanent Residency in Australia?

No. The Subclass 820 visa is not permanent residency. It is a temporary partner visa granted as the first stage of the onshore partner visa process under the Migration Act 1958 (Cth).

A common source of confusion is that the 820 and 801 are applied for at the same time, in a single combined application. You pay one government fee that covers both stages. However, the visas are granted separately, and you must hold the temporary 820 first before the permanent 801 can be granted.

You become a permanent resident of Australia only when the Subclass 801 is granted. Until that moment, you hold temporary residency as a temporary resident partner visa holder, not permanent residency.

Feature

Subclass 820 (Temporary)

Subclass 801 (Permanent)

Visa type

Temporary partner visa

Permanent partner visa

Permanent residency?

No

Yes

When granted

Shortly after the application is lodged

Usually, 2 years after the application date

Work rights

Full unrestricted work rights

Full unrestricted work rights

Study rights

Yes

Yes

Medicare access

Yes (from application lodgement)

Yes

Travel in and out of Australia

Yes, multiple times

Yes, up to 5 years from grant date

Centrelink / social security

Limited (2-year waiting period applies)

Yes (waiting period applies)

Path to citizenship

No

Yes, after meeting residency requirements

Sponsor required

Yes, throughout

Sponsor assessed at 801 stage

Is a Partner Visa a Permanent Resident Visa? Understanding the Two Stages

The partner visa 820/801 is a two-stage visa. The visa 820 Australia process and the australia visa 820 pathway both refer to the same combined onshore partner visa application. Both stages are applied for together, but assessed and granted separately.

Stage 1: Subclass 820 (Temporary Partner Visa)

The 820 is granted first, usually within a few months of lodging the combined application. Holding the 820 means you are a temporary resident of Australia. You can live, work, and study freely, and you have access to Medicare. However, you are not yet a permanent resident. The 820 visa remains valid until the Department of Home Affairs decides on your permanent partner visa (Subclass 801). There is no separate expiry date on the 820.

Stage 2: Subclass 801 (Permanent Partner Visa)

The 801 is the permanent partner visa. It is granted after the Department is satisfied that your relationship is genuine and ongoing. Most applicants become eligible for assessment of the 801 approximately two years after their original application date.
Once the 801 is granted, you are an Australian permanent resident. This is the moment at which you gain full permanent residency status and all the rights that come with it.

What You Can and Cannot Do on a Subclass 820 Partner Visa

Even though the 820 is a temporary visa, it gives you substantial rights in Australia. Understanding what you can and cannot do while on the 820 helps you plan during the waiting period.

What you can do on the Subclass 820 visa

  • Live in Australia indefinitely until the 801 is decided
  • Work for any employer in any industry with no restrictions
  • Study at any educational institution
  • Enrol in Medicare from the date your application is lodged
  • Travel in and out of Australia as many times as you like
  • Include dependent children in your application
  • Access up to 510 hours of free English classes through the Adult Migrant English Program (AMEP)

What you cannot do on the Subclass 820 visa

  • Sponsor a partner or family member for their own partner visa
  • Access most Centrelink payments immediately (a 2-year waiting period typically applies)
  • Apply for Australian citizenship
  • Obtain a 5-year travel facility (that comes with the 801)
  • Be considered a permanent resident for legal or financial purposes, such as property purchases in some states

Visa 820 Medicare: Can You Access Australia's Health System?

Yes. As an 820 partner visa holder, you are entitled to enrol in Medicare. Medicare access begins from the date your partner visa application is lodged, not from when the 820 is granted.
This means you should enrol in Medicare as soon as your application is submitted. You will receive a Medicare card that allows you to access bulk-billed GP appointments, hospital treatment as a public patient, and subsidised medicines through the Pharmaceutical Benefits Scheme (PBS).
Medicare access continues throughout the 820 stage and remains in place once your 801 permanent visa is granted.

820 Visa Health Insurance: Do You Need Private Cover?

Once you are enrolled in Medicare, you are not legally required to hold private health insurance. However, Medicare does not cover everything. It does not cover most dental, optical, ambulance, or private hospital costs.
Whether you need private health insurance on the 820 visa depends on your personal circumstances and health needs. Many 820 holders choose to hold basic hospital cover to avoid the Medicare Levy Surcharge if and when their income reaches the relevant threshold.
Your health insurance requirements on the 820 are the same as those for any Australian resident. There is no immigration condition requiring private health insurance for partner visa holders.

Can My Partner Cancel My Visa in Australia?
Understand Your Rights Before It Affects Your Stay
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If your visa is linked to your partner in Australia, changes in your relationship can raise serious concerns about your visa status. It’s important to understand what your partner can and cannot do, and what options are available to you. Get clear legal advice on your rights and the steps you can take to protect your visa and remain in Australia.

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820 Visa Processing Time in Australia

Processing times for the partner visa are among the longest in Australia’s migration system. As of May 2026, the approximate processing times are:

Visa Stage

Estimated Processing Time (2026)

Subclass 820 (temporary, initial grant)

6 to 18 months from lodgement

Subclass 801 (permanent, second stage)

14 to 24 months after the 820 is granted (or 2 years from the application date)

Total time from application to permanent residency

Typically, 3 to 4 years from initial lodgement

The most common cause of processing delays at both stages is incomplete applications or requests for further information. A well-prepared, complete application submitted with thorough relationship evidence significantly reduces the chance of delays.

What Happens After the 820 Visa Is Granted?

After your Subclass 820 partner visa is granted, the Department of Home Affairs will continue to hold your application on file. You are not required to do anything immediately after the 820 grant, but there are important steps to take during the waiting period.

Enrol in Medicare:  If you have not already done so, enrol in Medicare as soon as possible using your partner visa application reference number.

Continue building relationship evidence: The Department will assess your relationship again at the 801 stage. Keep documenting your relationship through joint finances, shared accommodation, travel, and social activities throughout the waiting period.

Notify the Department of any changes: If your relationship ends, your sponsor withdraws, or your circumstances change significantly, you must notify the Department using Form 1022 through your ImmiAccount.

Respond to any requests for further information: The Department may contact you during the waiting period to request updated evidence of your relationship. Respond promptly and thoroughly.

Prepare for the 801 assessment:  Around the two-year mark from your application date, prepare a fresh bundle of relationship evidence to support the permanent partner visa (Subclass 801) assessment.

Partner Visa 820/801: When Do You Become a Permanent Resident?

You become a permanent resident of Australia on the date the Subclass 801 partner visa is granted. Not before.
For most applicants, the 801 is assessed approximately two years after the original application date. However, there is an important exception: if you were in a long-term relationship at the time you applied, you may be granted the 801 immediately after the 820 grant, without the usual two-year wait.

Immediate permanent residency: the long-term relationship exception

If, at the time of your application, you had been in a genuine relationship with your partner for at least three years (or two years if you have a child together), you may be eligible for an immediate grant of the 801 permanent visa without waiting the usual two years.
In these cases, both the 820 and 801 may be granted in close succession or simultaneously. Your migration agent will advise whether you meet the long-term relationship criteria at the time of lodgement.

Partner visa to permanent resident: what you need for the 801

At the 801 stage, the Department will assess:

  • Whether your relationship is still genuine and ongoing
  • Whether your sponsor is still eligible and willing to support the permanent visa
  • Whether you continue to meet health and character requirements
  • Whether your circumstances have changed in any relevant way since the 820 was granted

Provisional Resident 820: Your Status During the Waiting Period

While you hold the Subclass 820, you are sometimes described as a provisional resident in Australia. This term is used to distinguish temporary visa holders who are on a pathway to permanent residency from other categories of temporary residents, such as student or work visa holders.
As a provisional resident on the 820, you have full work and study rights and access to Medicare, but you do not yet hold permanent residency. This distinction matters for things like property purchases, Centrelink access, and certain financial products that require permanent resident status.
Your status changes from provisional to permanent on the day the 801 is granted.

Is the 801 Visa Permanent Residency?

Yes. The Subclass 801 partner visa is a permanent residency in Australia. Once the 801 is granted, you are a permanent resident and can remain in Australia indefinitely.

As a partner visa Australia permanent resident with the 801, you have:

  • The right to live in Australia indefinitely
  • Full unrestricted work and study rights
  • Full Medicare access
  • Access to some Centrelink payments (after applicable waiting periods)
  • A 5-year travel facility to enter and leave Australia as a permanent resident
  • The ability to sponsor eligible family members for certain visas
  • The right to apply for Australian citizenship after meeting residency requirements

Partner visa to PR: what comes after the 801?

After receiving the 801 permanent partner visa, you are an Australian permanent resident. You can remain in this status indefinitely. If you wish to become an Australian citizen, you will need to meet the residency requirements: you must have been lawfully residing in Australia for at least four years, including at least 12 months as a permanent resident, immediately before applying.

Conclusion

The Subclass 820 partner visa is not permanent residency in Australia. It is the temporary stage of the 820/801 partner visa pathway, allowing you to live, work, study, and access Medicare while the Department of Home Affairs assesses your eligibility for the permanent Subclass 801 visa. You only become an Australian permanent resident once the 801 is granted. Understanding the difference between the 820 and 801 visas is essential for planning your future in Australia, including your work rights, travel, Medicare access, property purchases, and eventual pathway to citizenship. While the waiting period for the 801 can feel long, maintaining strong relationship evidence and staying compliant with Department requirements can help ensure a smoother transition to permanent residency. If you are unsure about your eligibility, your 801 assessment timeline, or what evidence you need to prepare, obtaining advice from a MARA-registered migration agent or immigration lawyer can help you avoid delays and strengthen your application.

Can My Partner Cancel My Visa in Australia?

Can My Partner Cancel My Visa in Australia?

Frequently Asked Questions

No. The Subclass 820 partner visa is a temporary visa, not permanent residency. It allows you to live, work, and study in Australia while the Department of Home Affairs assesses your eligibility for the permanent stage. Permanent residency is granted with the Subclass 801 partner visa, typically around two years after your original application date.

The partner 820 visa is temporary. It is the first stage of the onshore partner visa pathway (820/801). The 820 remains valid until the Department decides on your permanent partner visa (Subclass 801). Once the 801 is granted, you become an Australian permanent resident.

No. Visa 820 is not permanent residency. It is a temporary partner visa. The 801 is the permanent partner visa. Both are applied for together in a single application, but the 820 is granted first, and permanent residency only begins when the 801 is granted.

No. Subclass 820 is a temporary visa. Subclass 801 is the permanent visa. They are part of the same combined application, but the 820 is the temporary stage and the 801 is the permanent stage of the Australian onshore partner visa pathway.

The 820 itself does not become permanent. Instead, the permanent partner visa (Subclass 801) is granted separately, typically around two years after the original application date. At that point, your temporary status on the 820 ends and your permanent residency begins with the 801 grant.

After your 820 is granted, you can live, work, and study in Australia. You should enrol in Medicare, continue building relationship evidence throughout the waiting period, notify the Department of any changes in your circumstances, and be prepared to provide updated evidence when the 801 stage is assessed. You do not need to lodge a new application for the 801.

Yes. Medicare access begins from the date your partner visa application is lodged, even before the 820 is formally granted. You should enrol in Medicare as soon as you have lodged your application. Medicare continues through the 820 stage and into the 801 permanent residency stage.

Yes. The Subclass 801 partner visa is a permanent residency in Australia. Once granted, it allows you to remain in Australia indefinitely, work and study without restrictions, access Medicare and some Centrelink payments, and eventually apply for Australian citizenship after meeting residency requirements.

In most cases no. Most applicants must wait approximately two years on the 820 before the permanent 801 is granted. However, applicants in long-term relationships (at least three years together, or two years if a child is involved) may be eligible for immediate grant of the 801 after the 820 is assessed, without the usual two-year waiting period.

Yes. Once you hold the Subclass 801 permanent partner visa, you are a permanent resident and can work toward Australian citizenship. You must have been lawfully residing in Australia for at least four years immediately before applying, including at least 12 months as a permanent resident. Your time on the 820 counts toward the four-year residency requirement.

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Joe Shi
4 months ago
Tina Tang is doing excellent service job as a profesional lawer and provide valued information about property purchase issue.Thank you so much,we are appreciated to your skilled help and hope to cooperate with your esteemed company,current residential living apartment 506/2-4 Culworth Ave Killara should be put in market,we hope Tina Tang will provide support as well.thank you so much.
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5 months ago
We had an excellent experience with CMI Legal during our property purchase. The team was highly professional, detail-oriented, and extremely knowledgeable throughout the entire process. They carefully reviewed all contracts, clearly explained potential risks, and provided practical advice at every stage, which gave us great peace of mind. Communication was prompt and clear, and they were always patient in answering our questions. Their efficiency and attention to detail made what could have been a stressful process smooth and well-managed. We would confidently recommend CMI Legal to anyone looking for reliable and trustworthy conveyancing and legal services, with special thanks to Tina for her professionalism, patience, and exceptional support throughout the process.
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郭小姐
5 months ago
Attorney Tina was professional and patient; I am very grateful for her legal assistance during my home sale process.
John and Tina are the best! I just had another settlement through them. Everything was so smooth and they are reminding you every step for the key points.
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P W
7 months ago
I recently used CMI and worked with Tina for my property settlement. Tina was extremely helpful, patient and very professional throughout the entire process. She explained everything clearly, kept me updated at every step and made the whole experience smooth and stress-free. I couldn’t have asked for a better lawyer. Highly recommend Tina and the CMI team!
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Andy Hsieh
7 months ago
I’ve been incredibly lucky to have Tina as my solicitor. She has been outstanding throughout the entire contract exchange and settlement process. She is always the first to respond, timely, and extremely efficient. Her attention to detail is exceptional, and she consistently makes sure everything is in the buyer’s best interest. Super attentive, helpful, and genuinely caring. I wouldn’t hesitate to recommend Tina to anyone looking for reliable and professional legal services.
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David Lin
7 months ago
Many thanks to Senior Lawyer Tina Tang for helping me handle the sale of my property in Sydney. She liaised with the real estate, banks and buyers broker and explained everything well and handled the sale meticulously.Her professional ability, experience and sense of responsibility are trustworthy. I recommend Tina and CMI for anyone looking for support in real estate sales.
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Denis Lebrun
7 months ago
John Zhang has been absolutely great in helping me with my EOI and application for a skilled visa in Australia. On both calls I've had with John, I have had a multitude of questions for him which he answered in depth and gave me all the information I required. He really has a great amount of knowledge and I would highly recommend him and the CMI legal team for their efficiency and professionalism.
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Jing LI
9 months ago
I was very fortunate to have Tina TANG from CMI as my conveyancing solicitor for the recent sale of my property. She demonstrated exceptional professionalism and dedication throughout the entire process — from preparing the contract, exchanging contracts, right through to settlement. What impressed me the most is that even after settlement, she continued to go above and beyond to assist me as the vendor, making sure everything was properly taken care of.

Her diligence, patience, and attention to detail gave me great peace of mind and took away a lot of the stress of selling a property. I would highly recommend her to anyone looking for a reliable, professional, and truly supportive conveyancing solicitor. ⭐⭐⭐⭐⭐
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Sabrina Ng
11 months ago
Outstanding service from start to finish. Tina Tang handled my unit's sales contract with exceptional professionalism. Communication was always clear and prompt, making the whole process smooth and stree free. I highly recommand Tina to anyone seeking a reliable and knowledgeable solicitor.
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1 year ago
I’ve had an incredibly positive experience working with John & Winnie on my matter. From start to finish, they have been professional, knowledgeable, and genuinely supportive throughout what’s been a stressful time for me.

They explained every step of the process clearly, responded promptly to any questions I had, and made complicated situations feel a lot more manageable. I felt like I was in good hands the entire time, and their calm, confident approach really helped me stay grounded.

Highly recommend CMI services to anyone needing immigration or legal assistance — couldn’t be more grateful.

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1 year ago
As an old customer of CMI, this year is already the 8th year. Special thanks to attorney John and attorney Tina for carefully answering our various questions, providing a lot of professional advice and help, allowing us to easily complete each transaction.
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Vivien Lu
1 year ago
Tina was a great lawyer - she was always incredibly knowledgeable, answered all questions promptly, and very friendly. Would recommend Tina!
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Jeremy Tong
2 years ago
Tina was a great help in guiding us through our first home buying experience. She gave us a lot of great explanations and advice from initial discussion of the process through every step until successful settlement. Communication and resolution of issues was prompt and professional.
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Yun Jung Hsieh
2 years ago
Tina is a fantastic lawyer. her responses to my queries were thorough and timely, and impeccable organizational skills! Truly appreciated her clear and consistent communcation througout the entire property-purchasing process. she handled everything with profressionalism and expertise, making what could have been a stressful experience much smoother. Highly recommend!
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Jeena Jung
2 years ago
We had the pleasure of working with Tina as our solicitor for our first home purchase, and we couldn’t have been in better hands. She carefully explained every step of the process, guiding us through what initially felt overwhelming and unfamiliar. Buying off the plan made us particularly cautious, especially when it came to reviewing legal documents. Tina’s meticulous approach put us at ease—she ensured we both clearly understood each aspect, taking the time to highlight and reorganise information to make it more accessible. Her dedication and professionalism made the entire experience far less daunting, and we’re truly grateful for her support.
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Keyu Jiang
2 years ago
John and Tina have provided great professional legal service since 2017 for me.
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2 years ago
I realised that I hadn’t left a review for my dealings with CMI legal. I had dealt with them a few months ago, but an epiphany made me come and leave a review.

5 stars is insufficient to express their work. We were working Dee and she is an amazing and thorough professional. She goes above and beyond and explains matters that makes you understand things really well. Thank you Dee for your amazing work.

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