The Partner Visa (Subclass 820 provisional and 801permanent) is a two-stage application, for applicants who are located inside of Australia. This visa is often referred to as a Marriage Visa, De Facto Visa or Spouse Visa. Regardless of its name, applicants are applying for two connected visas simultaneously. In most cases, the Subclass 820 (provisional visa) will be granted first with a two-year waiting period imposed on the grant of the Subclass 801 Visa (permanent visa).
Married Applicants: To apply for the Partner Visa under the grounds of marriage applicants must either be lawfully married in Australia or legally married in the country where the marriage was solemnised. A marriage not recognised in the country in which it was solemnised will not be accepted under Australian Migration Law.
De Facto Applicants: To apply for the Partner Visa under the grounds of de facto applicants must have been in a de facto relationship for 12 months before applying for the visa unless there are compelling and compassionate circumstances, or your relationship is registered under an Australian State/Territory law.
Whether they are applying under the grounds of marriage or in a de facto relationship, the following common criteria that apply to all applicants:
- The applicant is sponsored by an Australian citizen, permanent resident or eligible New Zealand citizen.
- Applicant is married or in a de-facto relationship with their sponsor
- Applicant must be in a mutually exclusive, genuine and continuing relationship with your spouse/de facto partner.
- Applicant must live with their spouse/partner and have not lived apart on a permanent basis.
- Applicant must ensure that their partner is not prohibited from sponsoring applicants for the Partner visa
- Both applicant and sponsor meet both the health and character criteria.