Partner Visa (Subclass 820 and 801)
The Partner visas (subclass 820 and 801) enable individuals who are the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to reside in Australia.
Initially, the temporary Partner 820 visa is issued, allowing the applicant a two-year stay in Australia. Within this duration, applicants have the option to apply for the permanent 801 visa if they intend to establish permanent residency in Australia.
Subclass 820 Partner visa (temporary)
Eligibility Criteria:
To be eligible for this visa, you must:
- Have not had a visa cancelled or an application refused.
- Not hold certain regional visas.
- Be in Australia when applying.
- Have a sponsor (usually your partner).
- Meet the right age requirements.
- Meet relationship, health, and character requirements.
- Have no debt to the Australian Government.
- Consider the best interests of the child.
Immigration History:
We consider your immigration history, making you ineligible if you’ve had a visa cancelled or refused.
Regional Visa Holders:
Eligibility might be affected if you currently hold certain regional visas.
Residency and Sponsorship:
- Be in Australia when applying, and your sponsor must be your partner.
- Sponsor approval is mandatory, and the same sponsor must continue for two years after granting the temporary Partner visa (subclass 820).
Age Requirements:
For married applicants, usually, be 18 or older. De facto relationship applicants must also be 18 or older.
Relationship, Health, and Character:
Meet relationship, health, and character requirements.
Benefits of the Visa:
This visa allows you to:
- Stay in Australia
- Work and study in Australia
- Travel to and from Australia freely
- Attend free English language classes (if eligible)
- Apply for access to Australia’s public health care scheme, Medicare
Duration of Stay:
Stay until your permanent Partner visa (subclass 801) application is finalized or withdrawn.
Including Family Members:
Include family members during the visa application or add a dependent child before deciding on the temporary visa.
Cost:
Costs vary based on circumstances and visa type. For most applicants, it’s AUD8,850.00. Different fees apply for Prospective Marriage visa (subclass 300) holders or those who held it previously but didn’t apply for subclass 820 and 801 before expiration. Additional fees for family members apply. Ensure the correct visa application charge is paid for processing.
Subclass 801 Partner visa (Permanent)
Eligibility for Permanent Partner Visa (Subclass 801):
To qualify for the Permanent Partner Visa (subclass 801), you must:
Meet visa requirements
Continue to meet relationship requirements
Have no debt to the Australian government, or have arranged to pay debts back.
Visa Requirements:
Hold either:
A Partner Visa (subclass 820), or
A Dependent Child (subclass 445) visa.
A minimum of 2 years must have passed since applying for the combined 820 and 801 visas to be considered for the permanent visa. In some cases, if in a long-term relationship or your sponsor held a specific visa before applying, the permanent visa may be granted in less than 2 years.
Continue to Meet Relationship Requirements:
Maintain the relationship with the same spouse or de facto partner who sponsored you for the temporary Partner visa.
Relationship Criteria:
- Be married or in a de facto relationship
- Have a genuine and continuing relationship
- Live together or not live permanently separately and apart
- Be mutually committed to a shared life excluding other partners
- No Debt to the Australian Government:
- Ensure there is no debt to the Australian government.
- Benefits of the Visa:
- This permanent visa allows you to:
- Stay in Australia as a permanent resident
- Work and study in Australia
- Access Australia’s public healthcare scheme, Medicare
Sponsor family members to come to Australia
Travel to and from Australia
If eligible, attend free English language classes provided by the Adult Migrant English Program
If eligible, apply for Australian citizenship
Duration of Stay:
Upon granting the visa, you become a permanent resident.
Obligations:
You and your family members must meet all visa conditions and obey Australian laws.
Travel:
Unlimited travel to and from Australia for 5 years from the visa grant date, as long as the travel facility remains valid. After the initial 5-year period, apply for a Resident Return (RRV) if you wish to re-enter as a permanent resident.
Including Family Members:
Include your dependent child in the application for the temporary Partner visa (subclass 820). No additions are allowed after the grant of the permanent Partner visa (subclass 801). Dependent Child visa (subclass 445) holders can be added before deciding on the permanent visa.
Cost:
Paid when applying for the combined temporary and permanent partner visas. Additional costs may apply for health or police checks.
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The details presented here are intended for general comprehension and do not constitute legal advice. It is advisable to verify the latest information with the Department of Home Affairs at Partner Visa (Subclass 820 and 801)
