A 2026 Guide for De Facto Partners, Spouses, and Their Sponsors
Updated July 2026 | By Augustine & Co. Immigration Lawyers | augustineandco.com
What Other Guides Are Getting Wrong
The Subclass 820 and 801 partner visa is one of the most applied-for visas in Australia — and one of the most poorly explained online. Most guides say roughly the same things. Many of them contain errors that, if relied upon, lead to underprepared applications, incorrect budgeting, and in some cases, preventable refusals.
Three things circulating right now that need correcting:
Augustine & Co. Insight
WRONG: ‘The application fee is AUD $9,365.’ This was the 2025–26 fee. From 1 July 2026, the Department increased the charge to AUD $11,710 for most main applicants. If you are budgeting from an article that still shows $9,365, you are already working from the wrong figure.
Augustine & Co. Insight
INCOMPLETE — in almost every guide: ‘Sponsors must be Australian citizens or permanent residents.’ Correct — but eligible New Zealand citizens can also sponsor. However, not all New Zealand citizens on a Subclass 444 visa qualify. Only those who are protected Special Category Visa holders under Section 7 of the Social Security Act 1991 — generally those present in Australia on 26 February 2001 — meet the definition. New Zealand citizens who arrived after that date cannot use this sponsorship pathway. Most guides either omit this entirely or oversimplify it.
Augustine & Co. Insight
MISSING: The Department assesses partner visa relationships against four specific legal categories under Migration Regulation 1.15A — financial aspects, nature of the household, social aspects, and commitment. This is the actual framework case officers use. It is almost never properly explained.
What the Subclass 820 and 801 Actually Is
The Subclass 820 (temporary) and 801 (permanent) are two stages of a single combined onshore partner visa application. You apply for both at the same time, pay one combined fee, and receive the 820 temporary visa first — followed by the permanent 801 once eligibility for the permanent stage is met, typically around two years after lodgement.
When your application is lodged, a Bridging Visa A is granted automatically — you do not apply for it separately. The BVA comes into effect when your current substantive visa expires, at which point it keeps you lawfully in Australia with full work rights. Medicare access is available from the date of lodgement, even before the BVA activates. One critical point most guides omit: if you leave Australia while on a BVA without first obtaining a Bridging Visa B, your BVA ceases and you cannot return. Do not travel internationally after lodging without specific legal advice.
The pathway is available to married and de facto partners equally. Australian migration law treats both identically — the same four-pillar evidence framework, the same standard of genuineness. For de facto partners, the relationship must have existed for at least 12 months before lodgement — unless it is a registered de facto relationship under state or territory law, in which case the 12-month requirement is waived. Note that Western Australia and the Northern Territory do not allow registration of de facto relationships. Couples in those jurisdictions who cannot yet demonstrate 12 months together may need to consider marriage as an alternative pathway.
⚠ The Fee Is Non-Refundable
AUD $11,710 is paid at lodgement and is not refunded if the application is refused, withdrawn, or circumstances change. It is one of the highest visa fees in the Australian migration program. Ensuring your application is decision-ready at lodgement is not optional — it is financially essential.
Who Can Apply and Who Can Sponsor
The applicant must be in Australia at the time of lodgement, holding a substantive or valid bridging visa, and must be the spouse or de facto partner of an eligible sponsor. The sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. The sponsor must not be subject to a sponsorship bar and must not have exceeded the permitted number of previous sponsorships. There is no income test or financial means requirement for the sponsor.
What ‘Eligible New Zealand Citizen’ Actually Means
This is one of the most misunderstood points in partner visa sponsorship. Not every New Zealand citizen living in Australia on a Subclass 444 Special Category Visa qualifies as an eligible New Zealand citizen for sponsorship purposes. The term has a specific legal meaning under Section 7 of the Social Security Act 1991.
To be an eligible New Zealand citizen — and therefore able to sponsor a partner for the Subclass 820/801 visa — a New Zealand citizen must be a protected Special Category Visa holder. This means they must have been present in Australia on 26 February 2001 as the holder of a Special Category Visa, or hold written confirmation from Centrelink establishing their protected SCV holder status.
⚠ New Zealand Citizens Who Arrived After 26 February 2001
New Zealand citizens who arrived in Australia after 26 February 2001 are generally not eligible New Zealand citizens and cannot sponsor a partner for a Subclass 820/801 visa. This catches many couples by surprise. If your New Zealand citizen partner arrived after that date, alternative pathways exist — including the Subclass 461 New Zealand Citizen Family Relationship visa — but the standard partner visa sponsorship route may not be available. Seek specific legal advice before assuming eligibility.
Applicants who have had a previous visa refused while in Australia should seek legal advice before lodging. A Section 48 bar under the Migration Act 1958 may trigger additional Schedule 3 requirements that significantly complicate onshore lodgement — in some circumstances preventing it altogether. This must be checked before taking any steps, not discovered after the application is in.
The Four Pillars: How the Department Actually Decides
Under Migration Regulation 1.15A, the Department assesses relationships across four mandatory categories. Evidence that covers all four pillars with depth performs significantly better than a large volume of material concentrated in one area.
- Financial aspects — joint accounts, shared liabilities, combined expenses, jointly held assets.
- Nature of the household — shared address on official documents, lease agreements, shared domestic arrangements.
- Social aspects — statutory declarations from people who know you as a couple, photographs over time, family and social recognition.
- Commitment — knowledge of each other’s personal circumstances, communication records during separation, future plans, the history of how the relationship developed.
In 2026, the Department has shifted explicitly toward preferring decision-ready applications at lodgement — all evidence across all four pillars provided upfront. Applications that arrive thin in one or more pillars, with the expectation of building the case over time, are increasingly not performing well.
Augustine & Co. Insight
The most common pattern in refused or significantly delayed partner visa applications is not that the relationship is not genuine. It is that the evidence was unbalanced. This is entirely preventable — but only when it is identified and addressed before lodgement, not after a request for further information arrives.
2026 Fees, Processing Times and the Long-Term Exception
| Applicant | Fee from 1 July 2026 |
|---|---|
| Main applicant | AUD $11,710 |
| Additional applicant 18+ | AUD $5,860 |
| Additional applicant under 18 | AUD $2,935 |
Processing: Subclass 820 — 50% decided within 16 months, 90% within 24 months. Subclass 801 — assessed approximately 2 years after lodgement; 50% decided within 8 months from eligibility, 90% within 26 months. Total pathway to permanent residency typically 3 to 4 years.
One exception most guides miss: if the relationship has existed for at least 3 years at the time of lodgement — or at least 2 years if there is a dependent child of the relationship — the 801 permanent stage can be assessed and granted without waiting the standard two years. If you qualify for this, it is worth identifying before you lodge.
Why Applications Fail
Partner visa refusals are rarely because the relationship is not genuine. They are almost always because the application was not built correctly. The patterns we see consistently:
- Unbalanced evidence — strong in one or two pillars, thin in others.
- Lodging too early — at the 12-month mark with minimal accumulated evidence, expecting to build the case over time.
- Section 48 bar not identified — previous refusal history that prevents onshore lodgement, discovered after the application is in.
- Sponsor eligibility issues — previous sponsorship history or bars not checked before lodging.
- Inadequate response to Departmental requests — vague or disorganised responses that fail to address what the case officer is actually asking.
Every one of these is identifiable before lodgement. None of them need to result in a refusal. This is where specialist legal advice pays for itself most directly.
Why Augustine & Co. Immigration Lawyers
The partner visa is a legal submission about the most personal aspect of your life — your relationship — assessed against a framework most applicants do not know exists. “Augustine & Co. Immigration Lawyers is a specialist Australian immigration law firm. Lawyers, not agents. Partner and de facto visa applications are a core part of what we do, and we bring the same standard of precise, current legal advice to every case. Our Melbourne immigration lawyers act for couples nationally — with in-person meetings at our Lonsdale Street office and secure video consultations wherever you are based.
277 Google reviews, the majority five stars. Our clients tell us we made an overwhelming process feel manageable. We are here to light the way to your Australian dream.
Book a Partner Visa Consultation with our Australian immigration lawyers. Speak with one of our immigration lawyers or consultants. We will assess your eligibility, your sponsor’s eligibility, any complications in your history, and give you an honest picture of your best approach. Call +61 3 7020 6514 or visit augustineandco.com.
Frequently Asked Questions
What is the current application fee for the partner visa in 2026?
From 1 July 2026, the fee is AUD $11,710 for most main applicants — up from $9,365 in the previous financial year. Additional charges apply for secondary applicants. The fee covers both the 820 temporary and 801 permanent stages and is non-refundable once paid.
How long does the partner visa take to process?
The Subclass 820 temporary visa: 50% of applications are decided within 16 months, 90% within 24 months. The Subclass 801 permanent visa is typically assessed approximately 2 years after the original lodgement date. Total time to permanent residency is typically 3 to 4 years, unless the long-term relationship exception applies.
What is the difference between a married and de facto partner visa?
There is no difference in the visa subclass — both apply for the combined 820/801. The same four-pillar evidence framework applies to both. The key additional requirement for de facto partners is demonstrating the relationship existed for at least 12 months before lodgement, unless you hold a registered de facto relationship or compassionate circumstances apply.
Can a New Zealand citizen sponsor a partner visa?
Not automatically. Only an eligible New Zealand citizen — defined as a protected Special Category Visa holder under Section 7 of the Social Security Act 1991 — can sponsor a partner for the Subclass 820/801 visa. To qualify, the New Zealand citizen must generally have been in Australia on 26 February 2001 as the holder of a Special Category Visa, or hold written Centrelink confirmation of their protected SCV holder status. New Zealand citizens who arrived in Australia after 26 February 2001 are generally not eligible and cannot use this sponsorship pathway. If your New Zealand citizen sponsor does not meet this threshold, seek legal advice on alternative options including the Subclass 461 visa.
What happens if my relationship ends during processing?
The application generally cannot proceed if the relationship ends. However, the Migration Regulations provide exceptions where the applicant has experienced family violence committed by the sponsoring partner, or where there is a shared child of the relationship with ongoing parental responsibility. These situations require immediate specialist legal advice.
What is a Section 48 bar and could it affect my application?
Section 48 of the Migration Act 1958 prevents some people with a previous visa refusal from lodging certain onshore visa applications — including the partner visa — until they depart Australia. Whether it applies depends on the type of refusal and your current status. This must be checked before lodging, not discovered after.
Your Pathway to Permanent Residency as a Couple Starts Here
The Subclass 820 and 801 partner visa pathway is achievable — but it requires a correctly structured, decision-ready application built around the four pillars the Department actually uses. The 2026 fee increase, the eligibility nuances, and the compliance risks that most guides do not mention all affect whether your application succeeds and how long it takes.
Ready to speak with an immigration lawyer in Australia?
Book a consultation or call +61 3 7020 6514. We will give you a clear, honest assessment of your pathway and make sure your application gives you the best possible chance of success.
Augustine & Co. Immigration Lawyers | Level 11, 456 Lonsdale Street, Melbourne VIC 3000 | +61 3 7020 6514 | augustineandco.com
This article provides general legal information only and does not constitute legal advice. Information reflects publicly available Department of Home Affairs guidance and the Migration Regulations 1994 as at July 2026. Seek specific advice from a registered migration agent or Australian legal practitioner before taking action.
Author
Calvin Augustine is the founding solicitor of Augustine & Co. Immigration Lawyers. He graduated with Honors from the University of London law school, before being admitted to practice in Malaysia and Australia (admitted in SA, appears in all Victorian Courts and Tribunals, at trial and appellate levels).
