820 Partner Visa & 801 Partner Visa – Features
Australian Partner Visas (subclasses 820 and 801) allow the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.
The 820 Visa is a temporary partner visa, and is granted first. After living in Australia for at least 24 months on a temporary 820 Visa, you may be eligible to apply for the 801 Visa, which is a permanent partner visa.
820 Visa & 810 Visa – Eligibility
In order to apply for an Australian partner visa, you must be either married or in a de facto relationship with either:
- an Australian citizen;
- an Australian permanent resident; or
- an eligible New Zealand citizen.
To ensure the best chance of being successful in your partner visa application, you should ensure that:
- if married, that your marriage is recognised as valid under Australian law
- usually, this means that you must be at least 18 years old
- if you are 16 or 17 years of age, you will require parental permission
- if in a de facto relationship, that you have been so for a minimum of 12 months
- if applying for the initial, temporary partner visa (820 Visa), you are physically located in Australia when you apply and when you receive the decision on your application
- you already hold another valid visa e.g. student visa, visitor visa, working holiday visa
- you do not have an “8503 – No further stay” condition
- you do not have any debts to the Australian government that are not subject to a formal repayment agreement
- you meet standard health and character requirements
NB: You must be in Australia when you lodge your 820 Visa application, though can be outside Australia when a decision is made on your permanent 801 Visa.
If you want to lodge a partner visa application from outside Australia, you may wish to consider a Prospective Marriage Visa (subclass 300) or Offshore Partner Visa (subclasses 309 and 100).
820 Visa & 810 Visa – De Facto Relationships
In order to apply for a partner visa on de facto grounds, you would generally need to show that you have lived with your partner for at least 12 months. The 12-month cohabitation requirement also applies to legal spouses when applying for the following types of visa:
However, an exemption can be granted to the 12 month requirement if you register your relationship in an Australian state or territory. If choosing this option, you will still need to show that you and your partner are and have been living together, but not necessarily for 12 months.
Registration with a state or territory provides you with legal recognition as a couple under relevant state or territory law, as well as it being beneficial for immigration purposes. This option is available to both same-sex and different-sex couples
Usually, in order to be eligible to register a relationship with a state or territory:
- both partners must be 18 years old or over
- neither partner may be in a relationship as a couple with another person, particularly if that relationship is a marriage, is registered, or could otherwise be considered ‘de facto’
- partners must not have a familial relationship
820 Visa & 801 Visa – Long Term Relationships
If, at the time you apply, you have been in a long term relationship with your partner (defined as at least 3 years living together or 2 years if you have a child together), you may be granted a permanent 801 Visa immediately after your temporary 820 Partner visa.
820 Visa & 801 Visa – Costs
The application fee for a Subclass 820 Visa is AUD 9,095 for most applicants. Holders of a Prospective Marriage visa (subclass 300) can expect to pay a lower fee, starting from AUD 1,515.
Applicants will pay only one fee when they lodge their application, and which covers both the temporary and permanent partner visa. This fee is usually non-refundable, even if you withdraw your application or your partner visa application is refused.
If you wish to include any children as dependents in your application, there is an additional fee.
You will also be liable for costs associated with any additional evidence required to be provided as part of your application, such as health checks, police certificates and biometrics.
How long does an Australian Partner Visa last?
The 820 Visa is a temporary partner visa. It lasts from the date it is granted until a decision is made on your permanent partner visa (subclass 801).
The 801 Visa is a permanent visa and therefore lasts indefinitely, starting on the date it is granted.
Related: How long does it take to get 801 visa after 820
If your current visa is about to end
You will usually be allowed to remain in Australia on a Bridging Visa while you await the outcome of your application.
Your obligations
You and your children must comply with Australian laws and your visa conditions. You can find your visa conditions in VEVO.
Limitations on Partner Visa Australia sponsorship
You might not be able to sponsor a partner if you hold or have held certain visas, or if certain disqualifying circumstances apply to you.
How long Partner Visa Australia sponsorship lasts
Your sponsorship ends two years after your partner is granted their initial 820 Visa.
This is the case even if the permanent 801 Visa is granted immediately after the temporary 820 Visa.
Partner Visas and work rights
Visitor visa to Partner visa: If you hold an eligible visitor visa and lodge your 820 partner visa, you transition onto Bridging Visa A or a BVA when the visitor visa expires. You have full work rights on your BVA, during the partner visa processing time.
457/TSS 482 visa to Partner visa: If you lodge a partner application whilst holding a 457 visa, you cannot stop working for the sponsor until your 820 visa is granted. Book a consultation for a detailed analysis of your situation and for further advice if you are concerned this may effect you.
Working Holiday 417 visa to Partner visa: If you have a 417 visa and lodge a partner visa, we can help you apply for a work rights waiver, allowing you to remain working longer than the allowed six months, for one employer.
Related: Family Violence and Partner Visas
The new changes to Sponsored Family Visas have not been implemented for Partner Visas. These changes meant that sponsorships must be lodged first and approved before Partner Visas can be lodged. This would have adversely impacted onshore Partner Visa applicants wanting to lodge a visa application prior to their substantive visa expiring. The sponsorship application would have been assessed separately and would had to be approved before a valid Partner Visa application could be lodged.
If you are planning to apply for a Partner Visa we recommend booking an appointment to discuss and understand how these changes may impact you.
Important update: English Test for Permanent Stage of Partner Visas & Partner Visa changes ahead
Book a meeting with our Registered Migration Agents in Melbourne for a commitment-free consultation covering all your Australian visa options.
