Visa for partners (onshore 820 & 801)

Important Information:

• English Test Requirement: An English test is mandatory for Permanent Stage Partner Visas.
• Changes Effective April 17, 2019: The new Sponsored Family Visa and related changes to family sponsor approvals come into effect on this date. However, these changes will not impact Partner Visas, as existing arrangements will remain unchanged.
• Sponsorship Framework: There is no current timeline for expanding the new sponsorship framework to other family visas. Partner visas will continue to operate under the existing rules as of April 17, 2019.
• Sponsored Parent Visa (Subclass 870): The changes introduced on April 17, 2019, apply solely to the new Sponsored Parent (Temporary) 870 visa.
• Future Partner Visa Changes: When changes to Partner visas are implemented, sponsorships will need to be filed and approved before lodging a Partner visa application. If you are considering applying, it is recommended to book an appointment to discuss potential impacts on your case.
• Pathway to Permanent Residency:
• Partner visas (subclasses 820 and 801) offer a pathway to permanent residency in Australia.
• These visas allow an Australian citizen, permanent resident, or eligible New Zealand citizen to sponsor their partner or spouse to live in Australia.
• The Temporary Partner Visa (subclass 820) is issued initially and allows the holder to stay in Australia for 24 months. After this period, the applicant may be eligible for the Permanent Partner Visa (subclass 801).

Eligibility

To apply for an 820/801 Partner Visa, you must be married to or in a de facto relationship with one of the following:

• An Australian citizen
• An Australian permanent resident
• An eligible New Zealand citizen

You may qualify for the 820/801 visa if:

• Your marriage is legally recognized under Australian law. If you are aged 16 or 17, parental consent is required.
• You have been in a de facto relationship for at least 12 months.
• You are residing in Australia at the time of your application.
• You hold a valid visa, such as a student visa, visitor visa, or working holiday visa.
• Your visa does not include the “8503 – No Further Stay” condition.
• You meet health and character requirements.

De Facto Partner Visa Requirements
To apply for a de facto partner visa, you must provide evidence of cohabitation with your partner for at least 12 months. This 12-month cohabitation requirement also applies when including a spouse in certain visa categories.

•      Visas that are valid indefinitely
•      Competencies in Business (Provisional)
•      Visas for students
•      Visas for partners
•      Visas for General Skilled Migration

If you register your relationship in an Australian state or territory, the 12-month cohabitation requirement may be waived. However, you will still need to demonstrate that you and your partner have been living together, though not necessarily for a full year.

Benefits of Registration
Registering your relationship provides legal recognition as a couple under state law, which can also strengthen your case for immigration purposes.

Typical Requirements:

• Both partners must be at least 18 years old.
• Neither partner can be in another relationship, whether married, in a de facto partnership, or a registered relationship.
• There must be no familial ties between the partners.
• Couples of any gender are eligible to register their relationship.

Relationship of a long duration

If you have been in a long-term relationship with your partner (three years of living together or two years of living together with a kid), your permanent Partner visa (subclass 801) may be issued immediately after your temporary Partner visa (subclass 820).

If your visa is about to expire,

If you have already submitted your application, you can stay in Australia on a Bridging visa.

Age

If you are married, you must be 18 years old or older at the time of application. This is because, in most cases, your marriage must be valid under Australian law if you are 18 or older.

You must be 18 years old or older to apply if you are a de facto partner.

Your Relationship
To be eligible, you must be the spouse (married) or de facto partner of:

• An Australian citizen
• An Australian permanent resident
• An eligible New Zealand citizen

If your relationship ends after you have submitted your application, you may still qualify under certain conditions.

Sponsorship
Your sponsor must be your partner, unless your partner is under 18 years old.

Debts to the Australian Government
Any outstanding debts to the Australian Government must be repaid or arrangements made to settle them.

Revoked or Denied Visas
If you have previously had a visa canceled or refused while in Australia, you may not be eligible to apply for this visa.

Criteria for a Permanent Partner Visa (Subclass 801)
To qualify for the permanent Partner visa, you must:

• Hold a temporary Partner visa (Subclass 820).
• Continue to maintain your relationship with your spouse or de facto partner unless it has ended under specific circumstances.
• Comply with all Australian laws during your time on the temporary visa.

What You Can Do to  help
The temporary Partner visa (subclass 820) allows you to stay in Australia until your permanent Partner visa is approved (subclass 801).

Cost

Starting at AUD 7000.

From AUD 1170 if you have a Prospective Marriage visa (subclass 300).

You pay a single price that covers both the permanent and temporary visas when you submit your application. Visa application fees are usually non-refundable, even if you withdraw your application or your visa is denied.

Family Members
An additional fee applies for any dependent minors included in your visa application.

Other Costs
You may also need to cover additional expenses, such as health examinations, police clearances, and biometric processing, if required.

Location Requirements

• For the Temporary Partner Visa (subclass 820), you must be in Australia both when you apply and when a decision is made.
• For the Permanent Partner Visa (subclass 801), you can be either in or outside of Australia when the decision is made.

Applying from Outside Australia
If you wish to apply while outside Australia, you can consider:

• A Prospective Marriage Visa (subclass 300).
• A Partner Visa (subclass 309 and 100).

For more details on partner visa options, explore available resources.

Visa Duration

• The Temporary Partner Visa (subclass 820) is valid from the date it is granted until a decision is made on your Permanent Partner Visa (subclass 801).
• The Permanent Partner Visa (subclass 801) is a long-term visa with no expiry date, starting from the date it is granted.

Family Inclusion

• Dependent children or stepchildren can be included in your application.
• If your visa is granted, your children will have the same rights and conditions as you.

Responsibilities
You and your dependents must comply with Australian laws and the conditions of your visa. Details of your visa conditions can be checked through VEVO.

Sponsorship Restrictions
Certain visa types or specific circumstances may prevent you from acting as a sponsor.

Duration of Sponsorship
Your sponsorship ends two years after your partner is granted their Temporary Partner Visa (subclass 820), even if they receive the Permanent Partner Visa (subclass 801) immediately afterward.