Partner visa (apply in Australia) (subclass 820 and 801)

Applying for a Partner Visa in Australia (Subclass 820 and 801) can feel overwhelming. Understanding the process is crucial for a successful application.

Applying in Australia for a Partner Visa allows you to stay in Australia with your spouse or de facto partner. The first stage is the temporary Subclass 820 visa followed by the permanent Subclass 801 visa.

In this article, we’ll break down the frequently asked questions about onshore Partner Visa eligibility, processing times, required documents, and more. It’s really helpful to have a clear picture of what’s involved with an onshore Partner Visa application and how to navigate the journey to securing your visa.

Click here for more information about how to apply for a Partner Visa.

Partner visa (apply in Australia) (subclass 820 and 801)

• • The onshore Partner Visa (Subclass 820 and 801) allows the spouse or de facto partner of an Australian citizen or resident to live in Australia.

• • Subclass 820 is a temporary visa, while Subclass 801 is a permanent residency visa.

• • To apply, you must be in a genuine relationship and meet health and character requirements.

• • Essential documents include identity proof, relationship evidence, and police checks.

• • Subclass 820 processing takes 18-24 months, while Subclass 801 takes an additional 12-18 months.

• • The cost is approximately AUD $9095.

• • Avoid application mistakes by ensuring complete, accurate documentation.

What is the onshore Partner Visa (Subclass 820 and 801)?

The Partner Visa Subclass 820 and 801 allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia.

Subclass 820 is the temporary visa, which is granted first, allowing applicants to stay in Australia while their permanent Subclass 801 visa is being processed. Both visas are part of a combined application, and once approved, the permanent visa grants full residency rights.

It’s essential to meet relationship criteria and provide evidence of a genuine and continuing relationship.

Who is Eligible for the Partner Visa (Apply in Australia)?

To be eligible for a Partner Visa, you must be in a genuine, committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. You can apply if you are married, engaged, or if you are in a de facto relationship.

You must also meet health and character requirements, and it’s crucial to provide evidence supporting your relationship, including financial, social, and household documentation. Applying onshore requires that you are in Australia when you submit your application.

What Documents Do I Need for My Partner Visa Application?

A strong Partner Visa application requires key documents and evidence to prove your relationship.

This includes identity documents (e.g. passport, birth certificate), proof of the relationship (e.g. marriage certificate or evidence of de facto status), financial evidence (e.g. joint bank accounts, bills), social proof (e.g. photos, invitations), and household evidence (e.g. shared leases, utility bills).

You’ll also need to provide a relationship statement, complete health examinations, and provide police checks. It’s important to be thorough and organized to avoid processing delays.

How Long Does it Take to Process the 820/801 Partner Visa?

Processing times for Partner Visas can vary widely depending on individual circumstances. Generally, the Subclass 820 (temporary) visa takes around 18-24 months to process. Two years after your initial application you can then be assessed for the permanent Subclass 801 visa, which usually takes an additional 12-18 months to process.

Factors such as the completeness of your application, whether you’ve submitted all required documents, and any complexities in your case can influence processing time.

Find out more here.

What’s the Difference Between Subclass 820 and 801?

The key difference between Subclass 820 and Subclass 801 is their respective stages in the visa process. Subclass 820 is the temporary visa that allows applicants to stay in Australia while their permanent residency is processed. Once granted, Subclass 801 is the permanent visa, giving full residency rights. Both visas are part of a combined application, but you cannot receive Subclass 801 until you’ve been on the Subclass 820 visa for two years and meet all ongoing relationship criteria.

How Much Does the Partner Visa Application Cost?

As of 1 July 2024, applying for a Partner Visa (Subclass 820 and 801) costs approximately AUD $9,095. This fee covers both the temporary and permanent visa applications.

Additional costs may arise for medical examinations, police checks, and obtaining certified documents. The application fee can be paid in installments, but it’s essential to factor in any extra costs that may arise throughout the process. Ensuring your application is complete and accurate will help avoid unnecessary additional fees.

How to Avoid Common Partner Visa Application Mistakes?

Mistakes during the application process can delay your visa or even lead to rejection. Common errors include not providing sufficient evidence of your relationship, incomplete documentation, and failing to meet eligibility criteria.

Ensure all required forms are correctly filled, documents are certified, and your relationship is well-documented across various areas (financial, social, household). It’s also a good idea to seek advice from migration agents to avoid costly errors and streamline the process.

Benefits of applying onshore

When applying for a Partner Visa onshore (in Australia), you have the benefit of being able to stay in Australia holding a Bridging Visa while your visa is being processed. This allows you to maintain your life with your partner without having to live apart.

Another key advantage is that holding a Bridging Visa usually enables the holder access to work rights and access to Australia’s healthcare system. Applying onshore also means you’ll have more immediate support from your partner during the application process, enhancing both your personal and legal stability.

Find out more

Applying for a Partner Visa can be a complex process, but with the right guidance, you can navigate it smoothly and confidently. Whether you’re looking for personalized assistance, or detailed advice, or want to get started right away, we’ve got you covered. You can book a free call, download our free guide to Partner Visas, or attend a free webinar to ensure you have all the information and support you need.

Take the next step towards securing your future in Australia with your partner!

Partner visa (apply in Australia) (subclass 820 and 801) Frequently Asked Questions

1. What’s the difference between the Subclass 820 and 801 Partner Visas?

The Subclass 820 visa is a temporary visa allowing you to live in Australia while your permanent Subclass 801 visa is being processed. Subclass 801 is the permanent visa that gives you full rights to stay, work, and access social benefits. Both are applied for at the same time, but the 820 is granted first as a stepping stone toward the permanent 801.

2. Who is eligible to apply for the Partner Visa (Subclass 820 and 801) in Australia?

To be eligible, the applicant must be in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. The relationship can be a marriage, de facto relationship, or intended marriage (for those with a Prospective Marriage Visa). The couple must meet various criteria including living together, shared financial responsibilities, and a clear intention to live as a couple.

3. How long does it take to process the Subclass 820 and 801 Partner Visas?

Processing times for the 820 visa range from 16 to 24 months, while the Subclass 801 can take 11 to 19 months after the 820 is granted. However, timelines can vary based on factors like the complexity of the case, document submission, and the immigration office’s workload. It’s essential to ensure your application is complete and meets all requirements to avoid delays.

4. What documents do I need to submit for the Subclass 820 and 801 Partner Visa application?

You’ll need to provide proof of identity (passport, birth certificate), relationship evidence (joint finances, social recognition, shared household responsibilities), police checks, and health assessments. Depending on your relationship type, the required documents may vary. Submitting well-organized and thorough evidence is crucial to increasing the chances of a successful application.

5. Can I work in Australia while my Partner Visa application is being processed?

Yes, you can work in Australia once your Subclass 820 visa is granted. While you’re waiting for the visa, you may be on a Bridging Visa A, which usually allows you to work. If your Bridging Visa doesn’t permit work, you can apply to have the conditions changed.

6. What happens if my relationship ends while my Partner Visa is being processed?

If your relationship breaks down during the processing of your temporary or permanent Partner Visa, it could jeopardize your application. However, there are exceptions, such as domestic violence or if you have children with your partner. In these cases, your visa may still be granted based on the evidence you provide of the breakdown or the care of your children.

7. How much does it cost to apply for a Partner Visa (Subclass 820 and 801)?

The Partner Visa application fee for both the 820 and 801 combined is around AUD $9,095. Additional costs may include health assessments, police checks, and translation of documents if required. It’s important to budget accordingly for the entire process, as these fees are non-refundable even if your application is denied.