# Partner > visa-820 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text Subclass 820—Partner 820.1—Interpretation 820.111 In this Part: court means a Court of Australia or an external Territory. original sponsor means the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the application for a Subclass 300 (Prospective Marriage) visa as the person whom the applicant intended to marry after entry into Australia. sponsoring partner means: (a) in subclauses 820.211(2) and (2B) and clause 820.221: (i) for an applicant who is, or was, the holder of a Subclass 300 (Prospective Marriage) visa: (A) the original sponsor for the applicant; or (B) the subsequent sponsor for the applicant; or (ii) for any other applicant—the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the application as the spouse or de facto partner of the applicant; and (b) in any other provision of this Part: (i) for an applicant who is, or was, the holder of a Subclass 300 (Prospective Marriage) visa—the original sponsor for the applicant; or (ii) for any other applicant—the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the application as the spouse or de facto partner of the applicant. subsequent sponsor means a person who: (a) is an Australian citizen, Australian permanent resident or eligible New Zealand citizen; and (b) is not the original sponsor for the applicant; and (c) is the spouse or de facto partner of the applicant. Note: eligible New Zealand citizen, SOFA forces civilian component member and SOFA forces member are defined in regulation 1.03. For de facto partner, see section 5CB of the Act (also see regulation 1.09A). For spouse, see section 5F of the Act (also see regulation 1.15A). 820.2—Primary criteria Note: The primary criteria must be satisfied by at least 1 member of a family unit. The dependent child of an applicant who satisfies the primary criteria is also eligible for the grant of the visa if the child satisfies the secondary criteria. 820.21—Criteria to be satisfied at time of application 820.211 (1) The applicant: (a) is not the holder of a Subclass 771 (Transit) visa; and (b) meets the requirements of subclause (2), (5), (6), (7), (8) or (9). (2) An applicant meets the requirements of this subclause if: (a) the applicant is the spouse or de facto partner of a person who: (i) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and (ii) is not prohibited by subclause (2B) from being a sponsoring partner; and (c) the applicant is sponsored: (i) if the applicant’s spouse or de facto partner has turned 18—by the spouse or de facto partner; or (ii) if the applicant’s spouse has not turned 18—by a parent or guardian of the spouse who: (A) has turned 18; and (B) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and (d) in the case of an applicant who is not the holder of a substantive visa— either: (i) the applicant: (A) entered Australia as the holder of a Subclass 995 (Diplomatic) visa or as a special purpose visa holder who at the time of entry met the requirements of subclause (2A); and (B) satisfies Schedule 3 criterion 3002; or (ii) the applicant satisfies Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied that there are compelling reasons for not applying those criteria. (2A) An applicant meets the requirements of this subclause if: (a) the applicant is: (i) a SOFA member; or (ii) a SOFA forces civilian component member; or (b) the applicant: (i) is a dependent child of a person referred to in paragraph (a); and (ii) holds a valid national passport and certificate that he or she is a dependant of a SOFA forces member or a SOFA forces civilian component member, as the case requires. (2B) The spouse or de facto partner of the applicant is prohibited from being a sponsoring partner if: (a) the spouse or de facto partner is a woman who was granted a Subclass 204 (Woman at Risk) visa within the 5 years immediately preceding the application; and (b) on the date of grant of that visa: (i) the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or (ii) the applicant was the spouse or de facto partner of that woman, and that relationship had not been declared to Immigration. (5) An applicant meets the requirements of this subclause if: (a) the applicant is not the holder of a substantive visa; and (b) the applicant last entered Australia as the holder of a Subclass 300 (Prospective Marriage) visa; and (c) the applicant has married the Australian citizen, Australian permanent resident or eligible New Zealand citizen whom the applicant entered Australia to marry; and (d) the applicant ceased to hold a substantive visa after marrying that Australian citizen, Australian permanent resident or eligible New Zealand citizen; and (e) the applicant is the spouse of the sponsoring partner; and (f) the applicant is sponsored: (i) if the applicant’s spouse has turned 18—by the spouse; or (ii) if the applicant’s spouse has not turned 18—by a parent or guardian of the spouse who: (A) has turned 18; and (B) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. (6) An applicant meets the requirements of this subclause if the applicant: (a) is the holder of a Subclass 300 (Prospective Marriage) visa; and (b) has married the sponsoring partner under a marriage that is recognised as valid for the purposes of the Act; and (c) the applicant is sponsored: (i) if the applicant’s spouse has turned 18—by the spouse; or (ii) if the applicant’s spouse has not turned 18—by a parent or guardian of the spouse who: (A) has turned 18; and (B) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and (d) continues to be the spouse of the sponsoring partner. (7) An applicant meets the requirements of this subclause if: (a) the applicant is the holder of a Subclass 300 (Prospective Marriage) visa; and (c) the sponsoring partner has died; and (d) the applicant satisfies the Minister that the applicant would have continued to be the spouse or prospective spouse of the sponsoring partner if the sponsoring partner had not died. (8) An applicant meets the requirements of this subclause if: (a) the applicant is the holder of a Subclass 300 (Prospective Marriage) visa; and (c) the relationship between the applicant and the sponsoring partner has ceased; and (d) either or both of the following circumstances applies: (i) any one or more of the following: (A) the applicant; (B) a member of the family unit of the applicant who has made a combined application with the applicant; (C) a dependent child of the sponsoring partner or of the applicant or of both of them; has experienced family violence committed by the sponsoring partner; (ii) the applicant: (A) has custody or joint custody of, or access to; or (B) has a residence order or contact order made under the Family Law Act 1975 relating to; at least one child in respect of whom the sponsoring partner: (C) has been granted joint custody or access by a court; or (D) has a residence order or contact order made under the Family Law Act 1975; or (E) has an obligation under a child maintenance order made under the Family Law Act 1975, or any other formal maintenance obligation. Note: For special provisions relating to family violence, see Division 1.5. (9) An applicant meets the requirements of this subclause if: (a) the applicant is not the holder of a substantive visa; and (b) the applicant has been the holder of a Subclass 300 (Prospective Marriage) visa; and (d) the relationship between the applicant and the sponsoring partner has ceased; and (e) either or both of the following circumstances applies: (i) any one or more of the following: (A) the applicant; (B) a member of the family unit of the applicant who has made a combined application with the applicant; (C) a dependent child of the sponsoring partner or of the applicant or of both of them; has experienced family violence committed by the sponsoring partner; (ii) the applicant: (A) has custody or joint custody of, or access to; or (B) has a residence order or contact order made under the Family Law Act 1975 relating to; at least one child in respect of whom the sponsoring partner: (C) has been granted joint custody or access by a court; or (D) has a residence order or contact order made under the Family Law Act 1975; or (E) has an obligation under a child maintenance order made under the Family Law Act 1975, or any other formal maintenance obligation. Note: For special provisions relating to family violence, see Division 1.5. 820.212 If: (a) the applicant is the holder of: (ii) a Subclass 475 (Skilled—Regional Sponsored) visa; or (iii) a Subclass 487 (Skilled—Regional Sponsored) visa; or (iv) a Skilled—Regional Sponsored (Provisional) (Class SP) visa; or (v) a Skilled Work Regional (Provisional) (Class PS) visa; or (vi) a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa; or (b) the last substantive visa held by the applicant since entering Australia was: (i) a Skilled—Independent Regional (Provisional) (Class UX) visa; or (ii) a Subclass 475 (Skilled—Regional Sponsored) visa; or (iii) a Subclass 487 (Skilled—Regional Sponsored) visa; or (iv) a Skilled—Regional Sponsored (Provisional) (Class SP) visa; or (v) a Skilled Work Regional (Provisional) (Class PS) visa; or (vi) a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa; the applicant has substantially complied with the conditions to which that visa was subject. 820.22—Criteria to be satisfied at time of decision 820.221 (1) In the case of an applicant referred to in subclause 820.211(2), (5), (6), (7), (8) or (9), the applicant either: (a) continues to meet the requirements of the applicable subclause; or (b) meets the requirements of subclause (2) or (3). (2) An applicant meets the requirements of this subclause if the applicant: (a) would continue to meet the requirements of subclause 820.211(2), (5) or (6) except that the sponsoring partner has died; and (b) satisfies the Minister that the applicant would have continued to be the spouse or de facto partner of the sponsoring partner if the sponsoring partner had not died. (3) An applicant meets the requirements of this subclause if: (a) the applicant would continue to meet the requirements of subclause 820.211(2), (5) or (6) except that the relationship between the applicant and the sponsoring partner has ceased; and (b) either or both of the following circumstances applies: (i) either or both of the following: (A) the applicant; (B) a dependent child of the sponsoring partner or of the applicant or of both of them; has experienced family violence committed by the sponsoring partner; (ii) the applicant: (A) has custody or joint custody of, or access to; or (B) has a residence order or contact order made under the Family Law Act 1975 relating to; at least 1 child in respect of whom the sponsoring partner: (C) has been granted joint custody or access by a court; or (D) has a residence order or contact order made under the Family Law Act 1975; or (E) has an obligation under a child maintenance order made under the Family Law Act 1975, or any other formal maintenance obligation. Note: For special provisions relating to family violence, see Division 1.5. (4) If paragraph 820.211(2)(c), (5)(f) or (6)(c) requires the applicant to be sponsored: (a) the sponsorship has been approved by the Minister and is still in force; and (b) the sponsor has consented to the disclosure by the Department, to each applicant included in the sponsorship, of any conviction of the sponsor for a relevant offence (within the meaning of subregulation 1.20KC(2)). Note 1: Regulations 1.20J, 1.20KA, 1.20KB and 1.20KC limit the Minister’s discretion to approve sponsorships. Note 2: The sponsor may be asked to consent to the disclosure mentioned in paragraph (b) on the approved form required to be completed by the sponsor in relation to the visa application. (5) For the purposes of subclause (4), the conviction of the sponsor for a relevant offence is to be disregarded if: (a) the conviction has been quashed or otherwise nullified; or (b) both: (i) the sponsor has been pardoned in relation to the conviction; and (ii) the effect of that pardon is that the sponsor is taken never to have been convicted of the offence. 820.221A Unless the applicant: (a) is, or has been, the holder of a Subclass 300 (Prospective Marriage) visa; and (b) is seeking to remain permanently in Australia on the basis of the applicant’s marriage to the person who was specified as the intended spouse in the application that resulted in the grant of that Subclass 300 (Prospective Marriage) visa; the sponsorship of the applicant under clause 820.211 has been approved by the Minister. Note: Regulations 1.20J, 1.20KA, 1.20KB and 1.20KC limit the Minister’s discretion to approve sponsorships. 820.223 (1) The applicant: (a) subject to subclause (2)—satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019. (2) Paragraph (1)(a) does not apply to an applicant referred to in subclause 820.211(5). 820.224 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 820 visa is a person who: (a) subject to subclause (2)—satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and (b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019; and (c) satisfies public interest criterion 4020. (1A) Each member of the family unit of the applicant who is not an applicant for a Subclass 820 visa is a person who: (a) subject to subclause (2)—satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. (2) Paragraphs (1)(a) and (1A)(a) do not apply to an applicant who: (a) is a dependent child of an applicant referred to in subclause 820.211(5); and (b) entered Australia as the holder of a visa of the same class as the visa held by that other applicant. 820.225 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant— public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 820.226 The applicant satisfies public interest criteria 4020 and 4021. 820.3—Secondary criteria Note: A dependent child, or a member of the family unit, of an applicant who satisfies the primary criteria is also eligible for the grant of the visa if the child or member of the family unit satisfies the secondary criteria. 820.31—Criteria to be satisfied at time of application 820.311 The applicant is: (a) either: (i) a dependent child of a person who has applied for a Partner (Residence) (Class BS) visa; or (ii) a member of the family unit of a person who: (A) is the holder of, or has been the holder of, a Subclass 300 (Prospective Marriage) visa; and (B) has applied for a Partner (Residence) (Class BS) visa; and (b) the sponsorship (if any) in respect of that person includes the applicant; and (c) the Minister has not decided to grant or refuse to grant a visa to the person. 820.312 In the case of an applicant who is not the holder of a substantive visa—either: (a) the applicant: (i) entered Australia as the holder of a Subclass 995 (Diplomatic) visa or as a special purpose visa holder who at the time of entry met the requirements of subclause 820.211(2A); and (ii) satisfies Schedule 3 criterion 3002; or (b) the applicant satisfies Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied that there are compelling reasons for not applying those criteria. 820.313 If: (a) the applicant is the holder of: (ii) a Subclass 475 (Skilled—Regional Sponsored) visa; or (iii) a Subclass 487 (Skilled—Regional Sponsored) visa; or (iv) a Skilled—Regional Sponsored (Provisional) (Class SP) visa; or (v) a Skilled Work Regional (Provisional) (Class PS) visa; or (vi) a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa; or (b) the last substantive visa held by the applicant since entering Australia was: (i) a Skilled—Independent Regional (Provisional) (Class UX) visa; or (ii) a Subclass 475 (Skilled—Regional Sponsored) visa; or (iii) a Subclass 487 (Skilled—Regional Sponsored) visa; or (iv) a Skilled—Regional Sponsored (Provisional) (Class SP) visa; or (v) a Skilled Work Regional (Provisional) (Class PS) visa; or (vi) a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa; the applicant has substantially complied with the conditions to which that visa was subject. 820.32—Criteria to be satisfied at time of decision 820.321 In the case of an applicant referred to in clause 820.311, the applicant: (a) is a person who is dependent on, or a member of the family unit of, another person who having satisfied the primary criteria, is the holder of a Subclass 820 (Partner) visa (the person who satisfies the primary criteria); or (b) is a person to whom each of the following applies: (i) the person made a combined application with the person who satisfies the primary criteria; (ii) subsequent to the combined application being made, the person was found by the Minister not to be dependent on, or a member of the family unit of, the person who satisfies the primary criteria; (iii) subsequent to the person who satisfies the primary criteria being granted a Subclass 820 (Partner) visa and a Subclass 801 (Partner) visa—the ART found the person to be dependent on, or a member of the family unit of, the person who satisfies the primary criteria. 820.323 (1) The applicant: (a) subject to subclause (2)—satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019. (2) Paragraph (1)(a) does not apply to an applicant referred to in subclause 820.311 who: (a) is a dependent child of another applicant referred to in subclause 820.211(5); and (b) entered Australia as the holder of a visa of the same class as the visa held by that other applicant. 820.324 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 820.325 The sponsorship mentioned in paragraph 820.311(b) has been approved by the Minister and is still in force. 820.326 The applicant satisfies public interest criteria 4020 and 4021. 820.4—Circumstances applicable to grant 820.411 The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance. 820.5—When visa is in effect 820.511 Temporary visa permitting the holder to travel to and enter Australia until: (a) the holder is notified that his or her application for a Subclass 801 (Partner) visa has been decided; or (b) that application is withdrawn. 820.6—Conditions: Nil.