If you’re in Australia – The Subclass 820/801 Onshore Partner Visa is for you!
The Subclass 820/801 Onshore Partner Visa has two stages.
- The first stage is the Subclass 820 Provisional Partner Visa, which is the Temporary Partner Visa.
- The second stage of the Partner Visa process is the 801 Permanent Partner Visa.
You can apply for the second stage, the Subclass 801 Permanent Partner Visa, two years after applying for the Subclass 820 Provisional Partner Visa.
The subclass 820 temporary partner visa must be applied for from within Australia and when the visa the applicant holds expires after the application has been lodged, the applicant is granted a bridging visa with full work rights to remain in Australia while their subclass 820 partner visa application is processed.
Relationship – You can either be married or in a de facto relationship
You must either be legally married to an Australian citizen, Permanent Resident, or eligible New Zealand citizen or in a de facto relationship with one.
If you are not married, you must have been in a de facto relationship for at least 12 months prior to lodging your application, unless you have either registered your relationship, or there are other compassionate circumstances sufficient for the 12 month requirement to be waived.
No matter whether you are in a married or de facto relationship, you must demonstrate:
- Your relationship is genuine and enduring
- Your relationship is mutually exclusive
- Either you live together, or you do not live apart on a permanent basis.
Your sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen who:
- Hasn’t previously sponsored more than one partner, and has not sponsored a partner within the last five years (unless compelling and compassionate circumstances apply)
- Hasn’t been convicted of a “relevant offence” (includes violence offences, child sex offences, breaching a protection order and other offences such as people smuggling etc), or has a significant criminal record.
These days, Sponsors are approved separately, before the Partner Visa application can be granted. A sponsor must lodge a separate sponsorship form immediately after the Partner Visa application is lodged. Whilst we have not experienced it ourselves, we are aware that some sponsors have not been approved and consequently the Partner Visa application is refused. If this occurs the visa refusal may be appealed at the Administrative Appeals Tribunal.
Health and character
You must meet the health and character requirements of the Subclass 820 visa. This means that:
- You pass the “character test“
- You meet the health requirements, or if you do not meet the health requirements, you have been granted a health waiver.
In addition to professional fees you may be charged if a Registered Migration Agent, or Immigration Lawyer prepares your Partner Visa application, the visa application charges are:
- Visa application charge – $7,715.00
- Medical examinations – approximately $550.00
- Police certificates – approximately $50 each (although some countries do not charge, e.g. Ireland)
“I have to say it has been a pleasure dealing with AHWC. Xiaodan who looked after my daughter -in-law’s Prospective Marriage visa and now her subclass 820 partner visa has been very professional and very knowledgeable throughout the process. Also a big thank you to Maria who helped me out last year for my partners PR application.
To Seamus and Maggie well done you have a great team in the Melbourne office.”Pari Naoum (Google Review, November 2019)
Subclass 801, your Second Stage Permanent Partner Visa.
The subclass 801 permanent partner visa is the Australian permanent residence Visa which holders of subclass 820 temporary partner visas progress to after holding their Subclass 820 visa for two years.
It is a permanent visa granted to the spouse or de facto partner of an Australian permanent resident or citizen or an eligible New Zealand citizen.
The subclass 801 partner visa is usually applied for 2 years after the subclass 820 visa application was lodged.
The subclass 801 partner visa is a permanent visa without conditions with the next step being Australian citizenship.
Please note well
Holders of the new Subclass 491, Skilled Work Regional and Subclass 494, Skilled Employer Sponsored Regional visas will not be able to apply for a Subclass 820 Partner Visa unless they have held that visa for three years, even if an applicant no longer holds such a visa. This means that, such visa holders, or former visa holders will need to lodge an Offshore Subclass 309/100 Partner visa application instead.
Need help deciding which partner visa is best for you, or would like someone to advise, prepare, and lodge your Subclass 820/801 visa application?
Our dedicated Partner Visa Migration Agents and Partner Visa Lawyers are here to ensure your Partner Visa Success! (And don’t forget to ask about our Partner Visa Guarantee)
Contact us today and book a consultation. We’ll make your dreams come true!