Australian Partner Visa (Subclass 820 & 801) | De Facto Visa

Partner Visa (Subclass 820 and 801)

The Partner visas (subclass 820 and 801) allow the individuals to live in Australia who are spouse or a de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

The temporary partner 820 visa is granted first and allows the applicant to live in Australia for two years. During this period, the applicants can apply for the permanent 801 visa if they wish to live in Australia permanently.

Benefits of a Partner Visa

The temporary Partner visa (Subclass 820) allows the applicants to:

  • Live in Australia for two years
  • Study in Australia without any government funding
  • Get health coverage through Medicare (Australia’s scheme for health-related care and expenses)

The Permanent Partner Visa (Subclass 801) allows the applicants to

  • Stay, Work and live in Australia for indefinite period
  • Get health coverage through Medicare (Australia’s scheme for health-related care and expenses)
  • Apply for Australian citizenship after fulfilling the criteria
  • Sponsor eligible relatives for permanent residence
  • Leave and re-enter Australia for five years from the date visa is granted

Eligibility Criteria

For Subclass 820

  • You must be 18 years or more at the time of lodging a visa
  • You must be in Australia at the time of lodging a visa and when the visa is granted
  • You must have a sponsor (husband/wife/de facto partner)
  • You must meet health and character requirements
  • You must have no or arranged to repay any outstanding debts to the Australia government

Note: If the spouse or de facto partner is under 18, the applicants can be sponsored by the partner’s or de facto partner’s parent or guardian. However, they must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

For Subclass 801

  • You must hold a temporary partner visa (subclass 820)
  • You must be in the continuing relationship with your spouse or de facto partner unless the relationship has been ended under special circumstances
  • You must have abide by all the laws and conditions on 820 visa
  • You must not have a visa cancelled or refused while living in Australia on 820 visa

Sponsorship Limitations

Sponsorship application on partner visa would not be considered by the department of immigration if:

  • The sponsor has been granted a partner visa or prospective marriage visa (subclass 300) in the last five years
  • The sponsor has already sponsored two persons on a partner visa or prospective marriage visa (subclass 300)
  • The sponsor has sponsored a person on partner visa or prospective marriage visa (subclass 300) in the last five years

However, following exceptions are applicable in the above mentioned cases:

  • If the partner has died or abandoned the relationship and have young children
  • If the sponsor has been living with the current partner for more than two years
  • If the sponsor or sponsor’s partner have dependent children

Sponsorship Obligations

As a sponsor, you must provide your partner

  • Accommodation
  • Financial assistance for living and also English language courses if required
  • Other support like child care if required

Family Members in Visa Application

You can include dependent children or step children in your visa application.

The dependent family members will be entitled to the same rights and visa conditions as you.

Health and Character Requirements

You and all the dependent family members must have:

  • Health checkups done within 12 months of applying for the visa
  • Police certificates from each country you lived in for more than 12 months in the past ten years

If you are looking to reunite with your partner on this visa and want accurate assessment for your circumstances, drop a line to our immigration consultants to get the best solutions in no time!