Subclass 820 and 801 - Partner Visa
Temporary to Permanent Residency
About this visa
The Australian Partner Visa, encompassing the Subclass 820 and Subclass 801 visas, is designed for individuals who are in a genuine relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. This visa allows the partner to live in Australia.
The Subclass 820 visa is a temporary onshore visa that lets the applicant live in Australia with their partner while waiting for a decision on their permanent Subclass 801 visa application.
The Subclass 801 visa is the permanent stage of the Partner Visa program, allowing the applicant to continue living in Australia with their partner indefinitely.
These visas are ideal for couples who wish to be together in Australia, whether they are already in the country or applying from overseas. The Partner Visa program aims to reunite partners and spouses, fostering strong relationships and families in Australia.
Differences
- Subclass 820: This is a temporary visa, usually granted first. The applicant must apply for it from inside of Australia. It remains valid while your permanent Subclass 801 visa application is being processed.
- Subclass 801: This is a permanent visa granted after certain conditions are met, including the duration of your relationship and ongoing evidence of its genuineness. Applicants must wait for 2 years after lodging their Subclass 820 visa application before they can submit a Subclass 801 visa application. However, there are certain circumstances in which applicants can be exempted from the 2-year requirement if they meet specific criteria, allowing them to be granted both the 820 and 801 visas simultaneously.
Eligibility for Applicant
Relationship Status:
Been living together in a de facto relationship for at least 12 months, or
Hold a cohabitation certificate, verifying the authenticity of their relationship, or
Possess a valid marriage certificate, confirming their legal marital status.- Age
The applicant’s marriage must comply with Australian law. If you are aged 16 or 17, parental consent is required. Location:
The applicant must be in Australia when applying for the visa.Current Visa:
You should hold a valid substantive visa such as a student, visitor, or working holiday visa, without an “8503 – No further stay” condition.
If the applicant currently on a bridging visa in Australia and wish to apply for the Subclass 820 and 801 Partner Visas, you must comply with the Schedule 3 criteria. This involves meeting specific conditions for applicants who are not holding substantive visas at the time of application. It’s crucial to understand and fulfill these additional requirements to ensure the eligibility and success of your application.Health and Character:
Applicants must meet the health and character requirements set by the Australian government.Previous Visa History:
You should not have had a visa cancelled or a previous application refused.Specific Visa Conditions:
Certain regional visa holders may not be eligible.Debt to the Australian Government:
You must have no outstanding debts to the Australian government.Child Welfare:
The application must meet the criteria considering the best interests of any child involved.
Eligibility for Sponsor
- Citizenship Status:
The sponsor must be an Australian citizen, a permanent resident, or an eligible New Zealand citizen. - Character Requirements:
Sponsors must meet the character requirements specified by the Australian government. - Age Criteria:
Sponsors should be of legal age as defined by the Australian law. - Sponsorship Limitations:
- Number of Sponsorships: Generally, a sponsor can only sponsor two partners for a Partner Visa in their lifetime.
- Time Between Sponsorships: There should be a minimum five-year gap between the first and the second sponsorship since the time of application of the first sponsorship.
- Exemptions: In certain circumstances, exemptions to these limitations may be granted. These are typically considered on a case-by-case basis and depend on specific circumstances, such as compelling and compassionate reasons.
- Consistency in Sponsorship:
The sponsor at the time of application must remain the same for two years following the grant of the temporary Partner visa (subclass 820). Thea applicant may be eligible for both the temporary Partner visa (subclass 820) and Permanent Partner visa (subclass 801) if the following conditions are met- Children of the Relationship: If the couple has a dependent child together, and two-year relationship at the time of application. The two-year requirement may not apply. The child must be recognized as dependent on the couple.
- Long-term Relationship: If the couple has been in a de facto relationship for at least three years at the time of application, the two-year requirement may not apply.
- Compelling and Compassionate Circumstances: In cases where there are compelling and compassionate circumstances, such as serious illness or hardship, the two-year requirement may be waived. These circumstances are evaluated on a case-by-case basis.
Eligibility for applicant's dependent children
- Age Requirement:
- Dependent children must be under 18 years of age, or
- If they are over 18 years old, they must be financially dependent on the primary applicant or their partner, and be full-time students, or
- If they have a disability that prevents them from working, there is no age limit.
- Financial Dependency:
Dependent children aged over 18 must provide evidence of financial dependency on the primary applicant or their partner. This may include proof of financial support for living expenses, education, or other essential needs. - Full-Time Student Status:
If dependent children are over 18 years old and are claiming to be full-time students, they must provide evidence of their enrollment in an eligible course. - Disability:
If a dependent child has a disability that prevents them from working, there is no age limit, and they do not need to be financially dependent. - Health and Character Requirements:
Dependent children must meet health and character requirements, just like the primary applicant.
Process
Step 1
820 Visa Application
Step 2
801 Visa Application
Stay Period
- Subclass 820 visa:
It remains valid from the date of grant until a decision is reached regarding your permanent Partner visa (subclass 801). - Subclass 801 visa:
It‘a permanent visa.
Cost
Visa Application Fee
Primary Applicant: AUD $8,085
Secondary Applicants (18 and over) : AUD $4,430
Dependent Children (under 18) : AUD $2,215
If the applicant hold a Prospective Marriage Visa (subclass 300)
Visa Application Fee
Primary Applicant: AUD $1,870
Secondary Applicants (18 and over) : AUD $935
Dependent Children (under 18) : AUD $470
The fee is subject to the latest pricing set by the Australian Department of Home Affairs.
Processing time
- Subclass 820 visa:
50% processed in 6 months
90% processed in 26 months - Subclass 801 visa:
50% processed in 6 months
90% processed in 14 months
The Australian Department of Home Affairs handles visa applications, and it’s essential to provide all required documents with your application. Please note that incomplete applications may result in longer processing times than the estimated duration. Additionally, processing times are subject to change and should be used as a general reference only.
Benefits
- Work in Australia: Holders of the Subclass 820 and Subclass 801 Visa can work for their sponsoring employer, gaining valuable work experience.
- Study: You can pursue further studies or enroll in courses in Australia, which can enhance your skills and qualifications.
- Family Sponsorship: The applicant can include eligible family members, such as your dependent children, in your visa application.
- Access to Healthcare: Visa holders can access Medicare, Australia’s public healthcare scheme, which provides essential medical services.
- Multiple Entries: Enjoy multiple entries to and exits from Australia for a period of up to five years, allowing for flexibility in travel.
Frequently Asked Questions
Q: What is the purpose of the Subclass 820 and 801 visas?
A: These are Australian Partner Visas that allow the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia.
Q: How long is the Subclass 820 visa valid?
A: The Subclass 820 visa is a temporary visa, typically valid until a decision is made on the Subclass 801 permanent visa application.
Q: What are the main eligibility criteria for the Subclass 820 visa?
A: Applicants must be in a genuine and ongoing relationship with an eligible sponsor, be in Australia when applying, and meet health and character requirements.
Q: Can I work in Australia on a Subclass 820 visa?
A: Yes, holders of a Subclass 820 visa have full work rights in Australia.
Q: What is the difference between the Subclass 820 and 801 visas?
A: The Subclass 820 is a temporary partner visa, while the Subclass 801 is a permanent partner visa.
Q: When can I apply for the Subclass 801 visa after holding the Subclass 820 visa?
A: You can apply for the Subclass 801 visa two years after submitting the initial combined application for the Subclass 820 and 801 visas.
Q: Do I need to be married to apply for these visas?
A: No, you can apply if you are in a de facto relationship or married to an eligible sponsor.
Q: What is a de facto relationship for the purposes of the Subclass 820/801 visas?
A: A de facto relationship is where you and your partner are living together on a genuine domestic basis, but are not married.
Q: Can same-sex couples apply for these visas?
A: Yes, same-sex couples can apply for the Subclass 820 and 801 visas.
Q: What evidence do I need to provide to prove my relationship?
A: Evidence can include joint financial documents, cohabitation proof, statutory declarations, and other documents showing a committed relationship.
Q: What are the health requirements for these visas?
A: Applicants must meet certain health standards, which may include undergoing a medical examination.
Q: Are there any character requirements for these visas?
A: Yes, applicants must meet character requirements, including police checks from every country they have lived in for 12 months or more over the past ten years.
Q: Can I include family members in my application?
A: Yes, dependent children and other eligible family members can be included in your application.
Q: How long does it typically take to process these visas?
A: Processing times vary and depend on several factors, including application volume and completeness of applications.
Q: What happens if my relationship ends after I receive the Subclass 820 visa but before the Subclass 801 visa is granted?
A: You should inform the Department of Home Affairs. Your eligibility for the Subclass 801 visa might be affected.
Q: Can I travel outside Australia on the Subclass 820 visa?
A: Yes, the Subclass 820 visa allows multiple entries into Australia.
Q: Is it possible to apply for the Subclass 820 and 801 visas if I am currently on a tourist visa in Australia?
A: Yes, you can apply for these visas while holding a tourist visa, provided you meet all the eligibility criteria and do not have a No Further Stay condition (8503) attached to your tourist visa.
Q: How much does it cost to apply for the Subclass 820 and 801 visas?
A: The visa application charges are subject to change and can be checked on the official Department of Home Affairs website.
Q: What if I am currently on a bridging visa?
A: You can still apply for these visas if you hold a valid bridging visa, but you need to meet the schedule 3 criteria.
Q: What are the English language requirements for these visas?
A: There are no specific English language requirements for applicants of the Subclass 820 and 801 visas.
Q: What if my Subclass 820 visa application is refused?
A: You have the right to appeal the decision, or you may explore other visa options.
Q: Can the sponsor of the Subclass 820/801 visa be under 18 years of age?
A: No, the sponsor must be 18 years or older.
Q: Is private health insurance required for these visas?
A: While not mandatory, it is advisable to have health insurance to cover any healthcare costs in Australia.
Q: Can I work in any occupation on the Subclass 820/801 visas?
A: Yes, there are no restrictions on the type of work you can do on these visas.
Q: Are there limitations on how many times a person can be a sponsor?
A: Yes, 2 times.
Q: What happens after the Subclass 801 visa is granted?
A: After the Subclass 801 visa is granted, you become a permanent resident of Australia with all associated rights and responsibilities.
Q: Can the Subclass 801 visa lead to Australian citizenship?
A: Yes, once you meet the residency and other requirements, you can apply for Australian citizenship.
Q: What if my circumstances change after I apply for the visa?
A: You should inform the Department of Home Affairs of any significant changes, such as changes in your relationship status or address.
Q: Are there any conditions attached to the Subclass 820/801 visas?
A: Yes, standard conditions include obeying Australian laws and notifying the Department of any changes in circumstances.
Q: Can I apply for the Subclass 801 visa immediately after the Subclass 820 visa is granted?
A: No, you must wait for a specified period before applying for the Subclass 801 visa.
Q: How do I prove a de facto relationship if we haven’t lived together for 12 months?
A: You may provide other substantial evidence of your relationship or apply for a waiver under certain circumstances.