The onshore partner visa — comprising the subclass 820 (Partner (Temporary)) and subclass 801 (Partner (Residence)) — is the Australian visa pathway for the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen who is in Australia at the time of application. The applicant must hold a valid substantive visa (other than a transit visa) when the 820 application is lodged. A Bridging Visa A (BVA) is automatically granted when the 820 application is submitted, allowing the applicant to remain lawfully in Australia while the application is processed. The permanent subclass 801 is assessed after 2 years have elapsed from the application date (or earlier for long-established relationships). The onshore 820/801 and the offshore 309/100 lead to the same permanent residence outcome but are used by applicants in different locations. This page explains the onshore partner visa requirements, the BVA implications, the 2-year pathway, and the key travel restrictions during processing.

For current onshore partner visa requirements, fees, and processing times, refer to the DHA onshore partner visa page.

• Migration Regulations 1994, Schedule 2, Subclass 820 (Partner (Temporary)) criteria — the temporary first stage of the onshore partner visa; requires the applicant to be in Australia, hold a substantive visa, be the partner of an eligible sponsor, and meet health and character requirements
• Migration Regulations 1994, Schedule 2, Subclass 801 (Partner (Residence)) criteria — the permanent second stage; assessed after the 2-year period or earlier for long-established relationships; requires the relationship to be genuine and ongoing at the time of the 801 assessment
• Migration Regulations 1994, regulation 2.20 — Bridging Visa A — a BVA is granted automatically when an eligible substantive visa applicant lodges an application that attracts a BVA; for the 820 application, the BVA is granted at application lodgement and remains valid while the 820 is pending
• Migration Regulations 1994, regulation 1.15A — genuine relationship — the four-factor test for genuine relationship: financial aspects, household, social aspects, and commitment
• DHA: Partner visa (apply in Australia) — immi.homeaffairs.gov.au/partner-onshore

Eligibility to apply onshore

To apply for the subclass 820/801 onshore partner visa, the applicant must:

• Be in Australia at the time the application is lodged
• Hold a valid substantive visa other than a Subclass 771 Transit visa — the applicant must be lawfully in Australia on a substantive visa (visitor visa, student visa, work permit, etc.) at the time of lodgement; a person in Australia on a Bridging Visa E (BVE) may not be eligible to apply for the 820 onshore — DHA guidance should be consulted in these cases
• Be the partner (spouse or de facto partner) of an eligible sponsor — an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

Bridging Visa A — remaining lawful during processing

A significant feature of the onshore 820/801 is the Bridging Visa A (BVA):

• When the 820 application is lodged while the applicant holds a substantive visa, a BVA is automatically granted — no separate application for the BVA is required
• The BVA allows the applicant to remain lawfully in Australia after their substantive visa expires while the 820 application is being assessed — the applicant does not become unlawful when their original visa expires, as the BVA takes over
• The BVA is valid until the 820 is decided — if the 820 is granted, the BVA ceases and the subclass 820 temporary visa begins; if the 820 is refused, the BVA ceases and the applicant must depart Australia
• Work rights on the BVA during 820 processing depend on the work rights the applicant had on their previous substantive visa — in most cases, the BVA mirrors the work rights of the visa in force when the 820 was lodged

Travel during 820 processing — Bridging Visa B required

One of the most important practical implications of the onshore pathway is travel restriction:

• While on a BVA, the applicant cannot travel outside Australia and re-enter — if the applicant travels outside Australia while on a BVA, the BVA ceases on departure
• To travel outside Australia and return while the 820 is pending, the applicant must apply for a Bridging Visa B (BVB) before departing; the BVB authorises travel and return to Australia within the travel period granted; see the BVB page
• If an applicant travels without a valid BVB and the BVA ceases, the 820 application may become invalid and the person cannot re-enter Australia on the basis of the pending application

The two-stage grant — 820 then 801

The onshore 820/801 process mirrors the offshore 309/100 in its two-stage structure:

1. Stage 1 — subclass 820 (temporary): DHA assesses the application and, if satisfied the relationship is genuine, grants the subclass 820; the 820 is a temporary visa allowing the applicant to live and work in Australia
2. Stage 2 — subclass 801 (permanent): after 2 years from the application lodgement date, DHA assesses the permanent stage; evidence must be provided that the relationship is genuine and ongoing; if satisfied, the subclass 801 permanent visa is granted

As with the offshore pathway, couples in a relationship of at least 3 years before the application date (or at least 2 years with a child in common) may be assessed for the permanent 801 without waiting for the 2-year period.

Onshore vs offshore — 820/801 vs 309/100

The choice between pathways depends on the applicant's location:

• Onshore (820/801): the applicant is in Australia; they can remain in Australia during the entire process on the BVA; travel during processing requires a BVB; the subclass 820 is issued and then the permanent 801 after 2 years
• Offshore (309/100): the applicant applies from outside Australia; they receive the provisional 309 and then travel to Australia; the permanent 100 is assessed after 2 years from the original application date

Both pathways lead to permanent residence (subclass 801 or 100) after the 2-year relationship assessment. The onshore pathway is typically used when the applicant is already in Australia and wishes to remain.

The onshore 820/801 pathway is one of the most applied-for visa categories in Australia's family migration program — it is used by a wide range of partners and spouses who are already in Australia on another visa when their relationship progresses to the point of applying for permanent residence. The BVA framework that allows continued lawful stay during the (often lengthy) processing period is a critical feature — processing times for partner visas have historically extended to 12–24 months or more, and the BVA ensures applicants are not forced to repeatedly extend their existing temporary visas while waiting. The travel restriction is the most frequently misunderstood aspect of the onshore pathway — partners who need to travel during the processing period must apply for a BVB before departing, and the BVB has a limited travel period that must be planned carefully. For current visa fees, document checklists, processing times, and guidance on the genuine relationship evidence required, refer to the DHA onshore partner visa page.