Partner Visa (SUBCLASS 820 AND 801)
Individuals who are the spouse or de facto partner of an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen are permitted to reside in Australia under the Partner visas (subclass 820 and 801).
The first visa to be issued is the temporary partner 820 visa, which gives the applicant a two-year stay in Australia. If the applicants want to live in Australia permanently, they can apply for the permanent 801 visa during this time.
Benefits Of A Partner Visa
The temporary Partner visa (Subclass 820) allows the applicants to
- Live in Australia for two years
- Study in Australia without any government funding
- Get health coverage through Medicare (Australia’s scheme for health-related care and expenses)
The Permanent Partner Visa (Subclass 801) allows the applicants to
- Stay, Work and live in Australia for indefinite period
- Get health coverage through Medicare (Australia’s scheme for health-related care and expenses)
- Apply for Australian citizenship after fulfilling the criteria
- Sponsor eligible relatives for permanent residence
- Leave and re-enter Australia for five years from the date visa is granted
Eligibility Criteria
For Subclass 820
- You must be 18 years or more at the time of lodging a visa
- You must be in Australia at the time of lodging a visa and when the visa is granted
- You must have a sponsor (husband/wife/de facto partner)
- You must meet health and character requirements
- You must have no or arranged to repay any outstanding debts to the Australia government
**Note: If the spouse or de facto partner is under 18, the applicants can be sponsored by the partner’s or de facto partner’s parent or guardian. However, they must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
For Subclass 801
- You must hold a temporary partner visa (subclass 820)
- You must be in the continuing relationship with your spouse or de facto partner unless the relationship has been ended under special circumstances
- You must have abide by all the laws and conditions on 820 visa
- You must not have a visa cancelled or refused while living in Australia on 820 visa
Sponsorship Limitations
Sponsorship application on partner visa would not be considered by the department of immigration if
- The sponsor has been granted a partner visa or prospective marriage visa (subclass 300) in the last five years
- The sponsor has already sponsored two persons on a partner visa or prospective marriage visa (subclass 300)
- The sponsor has sponsored a person on partner visa or prospective marriage visa (subclass 300) in the last five years
However, following exceptions are applicable in the above mentioned cases
- If the partner has died or abandoned the relationship and have young children
- If the sponsor has been living with the current partner for more than two years
- If the sponsor or sponsor’s partner have dependent children
Sponsorship Obligations
As a sponsor, you must provide your partner
- Accommodation
- Financial assistance for living and also English language courses if required
- Other support like child care if required
Family Members in Visa Application
You can include dependent children or step children in your visa application.
The dependent family members will be entitled to the same rights and visa conditions as you.
Health and Character Requirements
You and all the dependent family members must have
- Health checkups done within 12 months of applying for the visa
- Police certificates from each country you lived in for more than 12 months in the past ten years
If you are looking to reunite with your partner on this visa and want accurate assessment for your circumstances, drop a line to our immigration consultants to get the best solutions in no time!
Visa Class
Partner Visa
As the name suggests, this is a visa for married partners (i.e. opposite-sex spouses) and de facto partners (including those in a same-sex relationship) of Australian citizens, Australian permanent residents and eligible New Zealand citizens to enter and remain permanently in Australia….
FAQs About Partner Visa (Subclass 820 and 801)
The Partner Visa (Subclass 820 and 801) is a visa pathway for individuals in genuine relationships with Australian citizens, permanent residents, or eligible New Zealand citizens. It includes the temporary Subclass 820 visa and the permanent Subclass 801 visa.
The Subclass 820 visa is a temporary visa allowing you to remain in Australia while awaiting the outcome of your application for the permanent Subclass 801 visa. The Subclass 801 visa grants permanent residency after holding the 820 visa for two years.
An eligible sponsor for a Partner Visa (Subclass 820 and 801) is an Australian citizen, permanent resident, or eligible New Zealand citizen who meets specific character and relationship requirements.
To qualify for the Partner Visa (Subclass 820 and 801), you need to demonstrate a genuine and continuing relationship with your partner. Meeting health, character, and other requirements set by the Department of Home Affairs is also necessary.
Evidence such as joint financial commitments, shared living arrangements, social connections, and supporting documents like photos, joint bank accounts, bills, and statutory declarations can establish the genuineness of your relationship.
Yes, you can include dependent children as secondary applicants in your Partner Visa (Subclass 820 and 801) application. They also need to meet health and character requirements.
Absolutely. You have work and study rights in Australia on both the temporary Subclass 820 visa and the permanent Subclass 801 visa.
Yes, you can travel outside Australia on the Partner Visa (Subclass 820 and 801). If you’re on the temporary Subclass 820 visa, you might need to obtain a Bridging Visa B to facilitate travel.
Processing times can vary based on factors like application completeness and volume. Refer to the Department of Home Affairs website for the latest processing time estimates for the Partner Visa (Subclass 820 and 801).
Yes, you can apply for the Partner Visa (Subclass 820 and 801) even if you’re in Australia on another visa type. Certain conditions and considerations apply.
If your relationship ends after applying for the Subclass 820 visa but before being granted the Subclass 801 visa, inform the Department of Home Affairs. Depending on circumstances, your application might require further documentation to validate the relationship’s genuineness.
