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Subclasses 820 & 801 (Partner (Apply in Australia)) Visa

Partner Visas

Subclasses 820 & 801 (Partner (Apply in Australia)) Visa

Subclasses 820 & 801 allow the partner of an Australian citizen, permanent resident, or a citizen of New Zealand who meets certain requirements to live in Australia as their spouse or partner. Subclasses 820 & 801 are usually applied for one after the other as a two-step process to applying for the Permanent Partner Visa (Subclass 801).

The de facto spouse or partner of an Australian citizen, permanent resident of Australia, or eligible citizen of New Zealand may reside in Australia briefly with a Subclass 820 (Partner (Temporary)) Visa. Individuals holding this visa can then apply for a Subclass 801 (Partner (Permanent)) Visa and reside in Australia permanently.

Benefits of Subclass 820 & Subclass 801

With a Subclass 820 (Partner (Temporary)) Visa, individuals can:

  • Stay in Australia
  • Work in Australia
  • Study in Australia
  • Travel to and from Australia as many times as the person desires
  • Attend free English classes by the AMEP, if eligible
  • Apply for access to Medicare

With a Subclass 801 (Partner (Permanent)) Visa, individuals can:

  • Stay in Australia as a permanent resident
  • Work in Australia
  • Study in Australia
  • Travel to and from Australia as many times as the person desires
  • Enrol in Medicare
  • Sponsor family members to come to Australia
  • Attend free English classes by the AMEP, if eligible
  • Apply for Australian citizenship, if eligible
Eligibility

Basic eligibility for both Subclass 820 & Subclass 801 is that individuals must be the spouse or de facto partner of an:

  • Australian citizen
  • Australian permanent resident
  • Eligible New Zealand citizen

To be eligible for a Subclass 820 (Partner (Temporary)) Visa, one must:

  • Not hold certain regional visas
  • Have a sponsor
  • Be 18 years or older
  • Be in Australia when applying
  • Meet relationship requirements
  • Meet health requirements
  • Meet character requirements
  • Not have had a previous visa cancelled or an application refused

To be eligible for a Subclass 801 (Partner (Permanent)) Visa, one must:

  • Meet visa requirements
  • Continue to meet relationship requirements, such as:
    ○ Be married
    ○ Be in a de facto relationship
    ○ Have a genuine and continuing relationship
    ○ Live together, or not live apart permanently
    ○ Be mutually committed to a shared life
Location when Applying

The individual must be in Australia when applying.

Including Family

The individual can include members of the family unit in their application when lodging the temporary visa application or add a dependent child after lodging the application and before the temporary visa is decided on.

Dependent children can be included when applying for the Partner (Temporary) (Subclass 820) Visa, but cannot be included after the Partner (Permanent) (Subclass 801) Visa is granted.

Family members applying with the main applicant must meet health and character requirements and be in Australia.

Know more about Subclass 820 (Partner (Temporary)) Visa & Subclass 801 (Partner (Permanent)) Visa.

820 and 801 (Onshore Partner) Visa

To sponsor your partner’s visa this is what all you need to know about 820 and 801 onshore partner visas

A partner visa (subclass 820) is a temporary visa. It goes from the issue date to the determination of your permanent partner visa (subclass 801). A partner visa (subclass 801) is a permanent visa and is valid indefinitely. It starts from the date of the grant.

If you live in Australia, you have the right to apply for a temporary partner visa (subclass 820) and a permanent visa (subclass 801). You can apply for this visa to stay in Australia with a partner who must be an Australian Citizen, a Permanent Resident of Australia, or a Permanent visa may be granted if the relationship is genuine and continues two years after applying for this visa.

Step 1Start your Process with FBP
Step 2Check your eligibility
Step 3Submit all your documents
Step 4Lodge Visa application
Step 5Receive 820 and 801 Visa Grant
  • Partner visas (subclasses 820 and 801) allow Australian citizens, permanent residents of Australia, or spouses to reside in Australia.
  • A temporary partner visa (subclass 820) is first issued and is eligible to stay in Australia. After 24 months, you will be eligible for a permanent partner visa (subclass 801).

You must be married or have a de facto relationship:

  • Australian Citizens
  • Permanent Resident of Australia
  • Have a temporary partner visa (subclass 820)
  • Stay spouse or de facto partner unless your relationship ends and there are special circumstances
  • If complying with all Australian laws during my temporary visa.
  • your marriage must be valid under Australian law. In other words, if you are 16 or 17 years old, you need parental permission.
  • You must have been in a real relationship for at least 12 months.
  • If you are in Australia at the time of application. I already have another type of visa (student visa, visitor visa, working holiday visa, etc.).
  • You do not have an “8503 – No further stay” condition.
  • Meet health and character requirements.

Duration of relationship

If individual is in a relationship for 3 or more years or have a child together, then 801 PR visa might be granted immediately after 820 temporary visas.

Bridging visa

If applicant has already applied for visa and current visa is about to expire they may stay in Australia at bridging Visa.

Age

Applicant has to 18 years or above to apply for a 820/801 visa.

Relationship breakdown

You might be eligible if you lodge the application prior to breakdown.

Sponsorship

Sponsor must be 18 years and above to sponsor partner.

Debts

Sponsor shouldn’t have any debt to the government of Australia, if any must repay.

Refusal or cancellation

Applicant might not be able to apply for visa if visa gets rejected or cancelled while they are in Australia.

In Australia

This visa allows you to stay in Australia until your 801 visa is granted.

Onshore or offshore

You must be onshore while applying and when the decision is made on temporary 820 partner visa.

You can be onshore or offshore while lodging application for 801 PR partner visa.

Duration of the visa

820 partner visa is valid up till the date of 801 PR partner visa and 801 partner visa is parament you can stay indefinite.

Applicant’s obligation

Applicant should comply with law and visa conditions of the country.