Partner Visa Onshore, Temporary and Permanent visa, Subclass 820/801

About Subclass 820/801

In order to get this visa, you must be married to or in a de facto relationship with an:

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

You must be in Australia when you apply and also when the visa is being granted. Average processing time for this visa is 12 to 15 months.

In some circumstances the visa can be granted where your partner relationship has ended.

The temporary Partner visa (subclass 820) is the first stage towards a permanent Partner visa (subclass 801).

One application can be lodged for both your temporary and permanent visas and pay charge of one application. Application is processed in two stages, about two years apart.

What this visa lets you do

The temporary Partner visa (subclass 820) lets you:

  • Stay in Australia until a decision is made about your permanent Partner visa
  • Work in Australia
  • Study in Australia, but with no access to government funding
  • Enroll in Medicare, Australia's scheme for health-related care and expenses

You can include your dependent children in your application. However, unless you hold or held a Prospective Marriage visa, you cannot include other dependent relatives. Dependent applicants must be in Australia when they apply.

If you are later granted a permanent visa, you can:

  • Stay in Australia indefinitely
  • Work and study in Australia
  • Apply for Australian citizenship (if you are eligible)
  • Sponsor eligible relatives for permanent residence
  • Receive some social security payments
  • Travel to and from Australia for five years from the date the visa is granted - after that time you will need another visa to enter Australia

General basic requirements

  • You must be in a genuine and ongoing relationship
  • You must live with your partner or, if you do not, any separation must be only temporary
  • Both parties must freely consent to the relationship
  • You need to meet certain health, character and financial requirements

Mostly, the permanent residence visa takes two years to be granted in this category. But, if you have any of the following condition, you may not need to wait for two years:

  • Your relationship breaks down and there is a child of the relationship
  • Your partner dies and you can show that your relationship would have continued if your partner had lived and you have close business, cultural or personal ties in Australia
  • Your relationship breaks down and you or members of your family unit have suffered family violence
  • At the time you apply, you have been in a partner relationship with your partner for three years or more, or two years or more if you and your partner have a dependent child of your relationship

If you are married and applying for this visa, it is mandatory that your marriage is valid under Australian law. Australia does not legalize underage, polygamous and same-sex marriages. If you are younger than 18 years of age, marriage can be valid only under special circumstances. Same-sex partners can apply in de facto category.

Requirements for De facto applicants

In order to apply for this visa under this category, your de facto relationship must have existed for at least 12 months immediately before your application for this visa. Courtship period is not counted as duration for a de facto relationship.

You can be granted a visa without having been in a de facto relationship for 12 months if:

  • You can prove compelling and compassionate circumstances, such as having dependent children
  • Your partner has been granted a permanent humanitarian visa and your de facto relationship existed before it was granted, and you have communicated about the relationship to the concerned authorities before the visa was granted
  • Your de facto relationship has been registered in Australia (this is not available in all states and territories)
  • You must also be older than 18 years of age and not be related to your partner by family. This means you cannot be an ancestor or descendant of one another, or have a parent in common.

Your Partner visa (subclass 820) is valid until:

  • A decision is made about your permanent Partner visa (subclass 801)
  • You are granted another type of visa
  • Your provisional Partner visa (subclass 820) is cancelled
  • You withdraw your application for a Partner visa (subclass 801)

You must have a valid temporary Partner visa (subclass 820) to be considered for a permanent visa.

If you are granted any other visa before you receive your permanent Partner visa, your temporary Partner visa might no longer be valid. This may lead to a rejection of your permanent visa application.

If you have a New Zealand passport, you may automatically get a Special Category visa (subclass 444) when you arrive in Australia. In this scenario, your temporary Partner visa remains invalid. You can avoid this by telling the immigration officer at the border that you have a temporary Partner visa.

At Aussizz, we have extensive experience of immigration laws and regulations as we have spent years of research into it. Ours is not only a bookish research, but we also have innate understanding of subtle issues of immigrants when they face new culture in a new country.

Get in touch with Aussizz for all your Australian immigration needs. We ensure that you get the best advice and smoother visa application process by our professional staff.