*Last updated on: 25 Nov 2024
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Subclass 820 and 801 - Partner Visas

Building Your Future Together: Temporary to Permanent Residency for Onshore Partners

Overview of the Onshore Partner Visas

The Subclass 820 (temporary) and Subclass 801 (permanent) Partner Visas enable partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live together in Australia. The Subclass 820 visa serves as the initial stage, allowing applicants to stay in Australia while awaiting a decision on their permanent Subclass 801 visa. These visas are designed to facilitate genuine partnerships, offering a path to permanent residency in Australia.

Key Differences Between Subclass 820 and 801 Visas

Subclass 820 (Temporary Partner Visa): This is a temporary onshore visa that allows applicants to stay in Australia while their permanent residency application is processed.

Subclass 801 (Permanent Partner Visa): This is the permanent stage of the Partner Visa program, typically granted after a waiting period of two years from the Subclass 820 visa application, contingent on demonstrating an ongoing and genuine relationship. In certain cases, this two-year requirement may be waived if the couple meets specific criteria (e.g., having a long-term relationship or dependent children). Talk to us to see if you are qualified for a waiver to get your permanent residency faster.

Eligibility Criteria for Onshore Partner Visas Applicants

Age Requirements

Applicants must meet Australian age requirements for marriage (16 or 17-year-olds require parental consent).

Relationship Status

Applicants must be in a genuine and continuing relationship with their partner, demonstrated by:(1) Being married (valid under Australian law), or
(2) Living together in a de facto relationship for at least 12 months (exceptions apply for registered relationships)

Location

Applicants must be in Australia at the time of application for the Subclass 820 visa.

Visa Status

Applicants should hold a valid substantive visa (e.g., student, visitor) without a “No Further Stay” condition. Bridging visa holders must comply with Schedule 3 criteria if applying without a substantive visa. Consult us if you have any issues regarding your visa status.

No Visa Cancellations or Refusals

Applicants should not have a history of visa cancellations or refusals. There are exemptions and you may still be eligible for the onshore partner visas with history of visa refusal or cancellation, consult us if you would like a further assessment with your situation.

No Outstanding Debts

Applicants must have no outstanding debts to the Australian Government.

Health and Character Requirements

The applicant must meet the relevant health and character criteria set by the Department of Home Affairs.

Eligibility Criteria for Partner Sponsors

Citizenship and Residency: The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen.

Age: Sponsors must be of legal age as defined by Australian law.

Character Requirements: Sponsors must meet character requirements, including providing police checks.

Sponsorship Limitations: Sponsors may only sponsor a limited number of partners over their lifetime (generally two), with a minimum five-year gap between sponsorships, unless exemptions apply due to compelling circumstances.

Eligibility for Dependent Children of the Applicant

Age: (1) Dependent children must be under 18, or (2) Over 18 but financially dependent on the primary applicant or their partner and studying full-time, or (3) There is no age limit for dependent children with a disability preventing them from working.

Financial Dependency: Evidence of financial support may be required.

Health and Character Requirements: Dependent children must also meet health and character standards.

Application Process

Initial Application Submission

Begin by lodging a combined application for the temporary and permanent partner visas. This stage focuses on demonstrating your relationship's authenticity, backed by necessary documents and evidence.

Grant of the Subclass 820 Visa

Upon assessment, if successful, you will be granted a temporary visa, providing you with the ability to live in Australia while awaiting further evaluation.

Pathway to Permanent Residency

Two years after your initial combined application, you will become eligible to progress to the permanent Subclass 801 visa stage. Submit any additional evidence of your ongoing relationship and meet any necessary criteria for the permanent residency application. In some cases, you may be eligible for direct Subclass 801 approval if you have been in a long-term relationship or share dependent children with your partner.

Stay Duration

Subclass 820 Visa: Temporary visa, valid until a decision is made on the Subclass 801 application.

Subclass 801 Visa: Permanent residency, allowing indefinite stay with a travel component valid for five years from the date of grant. After this period, residents may need to apply for a Resident Return Visa (RRV) to maintain travel rights.

Visa Costs and Fees

For most cases:
Primary Applicant:
AUD $9,095

Secondary Applicants (18 and over):
AUD $4,550

Dependent Children (under 18):
AUD $2,280

Note: Fees are subject to updates as per the Department of Home Affairs, they should be verified before application. Additional costs may apply for health checks, police checks, and biometrics.

Processing Times

Subclass 820 Visa:
50% processed within 10 months, 90% processed within 16 months

Subclass 801 Visa:
50% processed within 11 months, 90% processed within 25 months

Note: Processing times vary based on the completeness of documentation, volume of applications and other factors. They are obtained from The Australian Department of Home Affairs website and only serve as guidance.

Key Benefits of the Onshore Partner Visas

No Specific English Requirement: Unlike many other visa categories, there is no formal English language test required for applicants of these visas.

Full Work and Study Rights: Both temporary and permanent visa holders can work and study in Australia, providing greater flexibility and economic opportunities.

Access to Medicare: Subclass 820 visa holders and Subclass 801 permanent residents are eligible to access Medicare, Australia’s public healthcare system.

Family Inclusion: Dependent children and eligible family members can be included in the application, allowing families to remain together in Australia.

Travel Flexibility: Visa holders enjoy the ability to travel freely in and out of Australia.

Pathway to Australian Citizenship: Holders of the Subclass 801 visa may be eligible to apply for Australian citizenship after meeting residency and other criteria.

No Sponsorship Cap for De Facto Partners: Unlike some other sponsorship arrangements, there are fewer restrictions on sponsoring a de facto partner, provided eligibility criteria are met.

Your Questions Answered

What is the Subclass 820 and 801 Partner Visa?

These visas are designed for partners (spouse or de facto) of Australian citizens, permanent residents, or eligible New Zealand citizens to live together in Australia. The Subclass 820 is a temporary visa, while the Subclass 801 offers permanent residency.

How do the Subclass 820 and 801 visas work together?

The Subclass 820 visa is the first step, providing temporary residency while your relationship is assessed further. After a period (usually two years), you may become eligible for the permanent Subclass 801 visa if your relationship is ongoing and genuine.

Do I need to be married to apply?

No, you can apply if you are in a de facto relationship. De facto partners must generally have lived together for at least 12 months unless their relationship is registered.

Can I work and study in Australia on these visas?

Yes, both Subclass 820 and 801 visa holders enjoy full work rights and the ability to study in Australia.

Is there an English language requirement for these visas?

No, unlike many other visa categories, there is no formal English language requirement for the Subclass 820 and 801 Partner Visas.

Can I include my children in the application?

Yes, you can include dependent children and other eligible family members in your application.

What kind of evidence is needed to prove my relationship?

Evidence may include joint financial documents, proof of living arrangements, photos, communications, statutory declarations, and more. The aim is to demonstrate that your relationship is genuine and ongoing.

Can I travel outside of Australia on the Subclass 820 visa?

Yes, the Subclass 820 visa allows multiple entries into and out of Australia, providing flexibility for travel.

Are there limitations on how many times I can sponsor a partner?

Generally, you can sponsor up to two partners in your lifetime, with a five-year gap between sponsorships, though exemptions may apply under certain compelling circumstances.

What happens if my relationship ends before I receive the Subclass 801 visa?

If your relationship ends, your eligibility for the Subclass 801 visa may be affected. It is essential to inform the Department of Home Affairs of any changes to your relationship status. However, if you have experienced family violence, you may still be eligible to continue with your visa application under special provisions designed to protect victims. Each case is assessed on its individual circumstances, so seeking professional guidance is highly recommended. Contact us today to receive expert guidance tailored to your unique situation.

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