Partner Visa (Subclass 820 & 801)
For partners in Australia, two types of visas apply; the 820 and the 801 partner visa. First, the 820 partner visa lets you stay temporarily in Australia and is the first step to obtaining a permanent partner visa. The 801 visa is the permanent partner visa and is issued two years after the 801 partner visa, based on proof that your relationship is going steady. Both visas are applied for at the same time, but processing is done in two stages.
Eligibility for 820/801 Partner Visa
At the time of the application, applicants must be married or in a de facto relationship with:
- An Australian permanent resident
- A qualified New Zealand resident
- An Australian citizen
What You Can Do With the 820 Partner Visa
- Live and work in Australia until a ruling is made about your lasting Partner Visa (Subclass 801)
- Study in Australia (but without government funding)
- Enroll in Medicare, Australia’s healthcare insurance plan
- Bring and live with your young dependents in Australia
What You Can Do With the 801 Partner Visa
- Work and live in Australia with no time limit
- Study and travel in and out of Australia without restrictions
- Join Medicare, Australia’s state-run healthcare insurance program
- Apply for Australian citizenship
- Sponsor your relatives for permanent residence
How to Apply for an 820/ 801 Partner Visa
Prepare your documents
Prepare the reports to accompany your application to demonstrate the evidence of your relationship
Lodge your application
You can apply for the Partner Visa (Subclasses 820 and 801) online, by post, or face to face. At the point when you apply, you should have all reports prepared as well as the application fee.
Wait for a decision
It can take up to 3 months for the DHA to decide on your visa application.
Receive your visa
When your application is affirmed, you will get your visa and begin living, working, or studying in Australia.
Current Updates on Family Sponsorship
New changes on family visas came into effect on 17 April 2019. However, these changes did not affect Partner visas on 17 April 2019. If the changes are effected on 801/820 partner visas, the sponsors must first apply and get approved before the sponsored partner lodges the visa application.
Who is Likely to Get the 820/801 Partner Visa?
- Those whose marriage is legitimate under Australian law. This implies you should have parental consent if you are 16 or 17 years old.
- Applicants that have been in a de facto relationship for at least a year.
- Those that apply to Australia.
- Applicants who currently hold another visa type, for example, visitor visa or working visa.
- Partners that meet health and character requirements.
- Applicants that don’t have an 8503 – No further stay condition.
To apply for an 820/801 partner visa as a de facto partner, one is required to show that they have lived with the sponsoring partner for at least a year.
The year-long cohabitation rule likewise applies when sponsoring a partner for:
Business skills visas (provisional)
General skilled migration visas
Nonetheless, you can be absolved from the year prerequisite if you register your relationship in an Australian state or region. You would have to show that you are living together, though.
The enrollment earns you legitimate acknowledgment as a couple under the state law. Requirements for this registration include:
- You and your partner must be 18 years of age or over
- You or your partner must not be married or in a registered de facto relationship with someone else
- Partners should not be related by blood
- Same-sex couples can also enlist their relationship.
You Can Get both 820 and 801 Partner Visa at the Same Time
Those who have been in a long-term relationship with an Australian partner can obtain both the 820 and 801 partner visas simultaneously-no waiting for two years. To qualify for this advantage, at the time of your visa application, you must have been in a relationship with your partner for at least 3 years ( living together) or have a child and have been living together for two years.
Eligibility Requirements for Permanent Partner Visa 801
A majority of applicants wait for two years to receive the permanent partner visa 801 after obtaining the temporary partner visa 820. The requirements include:
- Applicants must have a temporary partner visa 820
- They must still be in a relationship with the sponsoring partner
- They must have adhered to all Australian laws while on the temporary partner visa
Bridging Visa to the Rescue
If your present partner visa is about to expire, you can live in Australia on a bridging visa until your permanent partner visa is processed.
Applicants Must Be 18 and Older
Under Australian law, marriages and de facto relationships are only legally accepted if both parties are 18 years or older.
The sponsoring partner in the 820/ 801 partner visa must be an Australian permanent resident, Australian citizen, or an eligible New Zealand citizen.
In any case, you may still be qualified if your relationship ends after you submit your application.
Debts and Refused Visas
Applicants who have not reimbursed, or planned to reimburse, any debts owed to the Australian government may not get accepted for any of the partner visas.
Further, you may likely not be allowed the privilege to apply for the 820/ 810 partner visa if, in the past, you had your visa canceled or refused while you were in Australia.
Applicants for 820/801 Partner Visa Must Be In Australia
When you apply for the temporary partner visa 820, you are required to be in Australia for your submission to be validated. However, you can be in or outside Australia when a decision is made on your permanent partner visa 820.
If you are outside Australia and still want to apply for a partner visa, consider alternatives such as:
- The Prospective Marriage visa (subclass 300) or
- The Partner visa (subclass 309 and 100).
820/801 Visa Expiry Dates
The partner visa (subclass 820) is a temporary visa. It expires the day a decision is made on your permanent partner visa 820 application. The partner visa (subclass 801) is a permanent visa with an indefinite expiry date.
820/801 Partner Visa Work rights
If you upgrade from a visitor visa to a partner visa, you are immediately eligible for work rights even before deciding on your partner visa application. During the visa processing time, visitor visa holders transition to a Bridging Visa A.
If you lodge your partner visa application while on a TSS 482 or 457 working visa, you cannot stop working for your sponsoring employer until you obtain the 820 partner visa.
If you are on a working holiday visa 417, when you lodge your application for the partner visa, we can help you apply for working rights to continue working longer than the permitted six months.
Need help with 820/801 partner visa? Book an appointment today to consult with Easy Migrate immigration experts in Perth.