Partner Visa (820/801)
The 820/801 Partner Visa allows you to apply while in Australia to join your partner. However, the application process can be intricate and overwhelming. At Australian Migration Lawyers, we offer expert guidance and support to make the journey to obtaining a Partner Visa as smooth as possible.
What is the Partner Visa (Subclass 820/801)?
If you are the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen, you may qualify to apply for a Partner Visa.
There are two main types of Partner Visas, differentiated by their respective subclasses. Subclass 820/801 visas are specifically for applicants who are already in Australia (onshore). In contrast, Subclass 309/100 visas are designed for those applying from outside Australia (offshore). If you are applying from overseas, please refer to the information on Partner Visa 309/100.
Subclass 820 and Subclass 801 visas serve distinct purposes. The Subclass 820 visa is a temporary visa, whereas the Subclass 801 visa is permanent. Typically, applicants who meet the eligibility criteria for a Partner Visa are first granted the Subclass 820 visa.
The Subclass 820 visa allows you to:
- Live, work, and study in Australia without restrictions.
- Travel freely.
- Access Medicare (in most cases).
After holding the Subclass 820 visa for two years, you may become eligible to apply for the Subclass 801 visa. Once granted, the Subclass 801 visa makes you an Australian permanent resident, enabling you to enjoy the full benefits and entitlements of permanent residency.
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Eligibility Criteria for a Subclass 820/801 Partner Visa
To submit a valid application for a Subclass 820/801 Partner Visa, you must meet the following requirements under Australian migration law:
- Location: You must be in Australia when you apply.
- Relationship: You must be in a genuine relationship with your sponsoring partner, who must be:
- An Australian citizen,
- An Australian permanent resident, or
- An eligible New Zealand citizen.
- Sponsorship: Your sponsoring partner must either:
- Be your legally married spouse, or
- Be your de facto partner, with evidence of cohabitation for at least 12 months or proof that you are not living apart on a permanent basis (some exceptions apply).
- Age: You must be at least 18 years old (limited exemptions may apply).
- Health and Character: You must satisfy the health and character requirements.
Benefits of a Partner Visa :
The primary advantage of a Partner Visa is the stability it provides for you and your sponsoring Australian partner. It allows you to live together and build your life in Australia without the uncertainties associated with temporary visa status.
The Partner Visa program offers several benefits, even before achieving permanent residency, to ensure stability and continuity in your life.
Benefits as a Subclass 820 Visa Holder:
- Work in Australia without restrictions, with the assurance of receiving at least the minimum wage under Australian law.
- Pursue studies without any limitations.
- Travel freely in and out of Australia.
- Access Medicare, Australia’s public healthcare system.
Additional Benefits as a Subclass 801 Visa Holder:
- Full access to Medicare services.
- Pay domestic student fees at Australian educational institutions.
- Apply for Australian citizenship after meeting residency requirements.
- Sponsor eligible family members to join you in Australia through relevant visa programs.
How the Subclass 820/801 Partner Visas Work
The onshore Partner Visa process consists of two stages:
- Subclass 820 (Temporary Visa)
- Subclass 801 (Permanent Visa)
Stage 1: Temporary Partner Visa (Subclass 820)
To apply for the Subclass 820 visa, you must provide comprehensive evidence to prove that your relationship is genuine and ongoing. The requirements set by the Australian government are rigorous, and significant documentary evidence is needed. This includes relationship evidence, identity documents, and character-related documentation.
If your application is successful, you will be granted a Subclass 820 visa. This visa allows you to:
- Live, work, and study in Australia without restrictions.
- Travel in and out of Australia freely.
- Access Medicare.
The Subclass 820 visa is valid for two years, after which you can apply for the Subclass 801 visa.
Stage 2: Permanent Partner Visa (Subclass 801)
After holding the Subclass 820 visa for two years, you may apply for the Subclass 801 visa. The application process for the Subclass 801 visa is similar to that of the Subclass 820 visa. You will need to demonstrate to the Australian government that your relationship has remained genuine and ongoing since the Subclass 820 visa was granted.
Double-Grant of Subclass 820 and 801 Visas
Applicants who have been in a long-term relationship for several years may qualify for a double-grant of the Subclass 820 and 801 visas. If you meet the criteria, we can assist you in preparing a request for this option.
At Australian Migration Lawyers, we specialize in preparing thorough applications, ensuring you have the best chance of success throughout the Partner Visa process.
Benefits of Choosing Australian Migration Lawyers for Your Partner Visa
Statistics from the Australian Government reveal that over 12,000 Partner Visa applications can be refused in a single year. At Australian Migration Lawyers, we are dedicated to providing expert guidance and comprehensive support to help you navigate the application process with confidence. Our team boasts a high success rate for Partner Visa and other primary visa applications, and we specialize in handling even the most complex cases.
Why Choose Australian Migration Lawyers?
Commitment to Justice
- We are dedicated to ensuring access to justice for all clients. By choosing us to represent you in your Partner Visa application, you can trust that your case will be handled with professionalism and care.
Expert Legal Knowledge
- Our team of qualified Australian lawyers has in-depth knowledge of relevant legislation and case law, allowing us to provide tailored advice on your Partner Visa application as well as other migration options and strategies.
Compliance with Legislative Requirements
- As lawyers, we are obligated to ensure that your Partner Visa application meets all legislative requirements. This commitment to compliance significantly enhances your chances of success.
Comprehensive Application Support
- We assist you throughout the entire process, from preparing your application to securing your visa. This includes working closely with you to address any additional requests from the Department of Home Affairs.
With Australian Migration Lawyers, you can rely on our expertise and dedication to maximize your chances of a successful Partner Visa outcome.