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If you’re in Australia (Onshore)- The Subclass 820 Onshore Partner Visa is the visa you need to apply for.
When your current visa expires after your application has been lodged, you will be granted a Bridging Visa A with full work rights to remain in Australia while your Subclass 820 Partner Visa application is processed.
The Onshore Partner Visa has two stages.
- The first stage is the Provisional Partner Visa (Subclass 820), which is the Temporary Partner Visa.
- The second stage of the Partner Visa process is the Permanent Partner Visa (Subclass 801).
You can apply for the second stage, the Permanent Partner Visa, two years after applying for the Provisional Partner Visa.
The Onshore Provisional Partner Visa application must be lodged when you are in Australia.
Eligibility
Relationship – Married or in a de facto relationship
You must be legally married to, or in a de facto relationship with an Australian citizen, Permanent Resident, or eligible New Zealand citizen.
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 registered your relationship (you can register you relationship in all states and territories except Western Australia and Northern Territory).
If you can prove there are compassionate circumstances affecting your relationship, the Dept may waive the 12-month relationship requirement (think Australian children of the relationship or religious reasons for not being able to live together).
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.
Does your sponsor qualify?
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 must be approved before the Partner Visa application can be granted.
A sponsor must lodge a separate sponsorship form immediately after the Partner Visa application is lodged. If the Sponsor is not approved, the Partner Visa application will be refused. If this occurs the visa refusal may be appealed at the Administrative Appeals Tribunal.
How’s your 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.
Costs
In addition to the visa application charge (VAC) fees will be charged professional fees be charged if a Registered Migration Agent, or Immigration Lawyer prepares your Partner Visa application on your behalf. The visa application charges are:
- The Visa application charge is just over AUD$8000
- Medical examinations – approximately $550
- Police certificates – approximately $50 each (although some countries do not charge, e.g. Ireland)
To find out about our professional fees, and if a Partner Visa is right for you, please book a consultation with us and get proper advice. Please book here.
Subclass 801, your Second Stage Permanent Partner Visa.
The subclass 801 Permanent Partner Visa is an Australian Permanent Residence Visa which holders of subclass 820 Provisional 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 – however permanent residence may be granted to an applicant for the first stage visa where the relationship is long standing (more than 3 years), or there are Australian children of the relationship.
The subclass 801 partner visa is a permanent visa without conditions – with the next step being Australian citizenship.
Want a Partner Visa and want peace of mind that your Partner Visa application is perfectly complete and decision ready? We will advise you which is the best Partner Visa for you, and prepare and lodge your visa application.
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