Onshore Partner Visas (Subclass 820 and 801)

Onshore Partner Visa for Australia

Onshore Australian Partner Visa

Partner (Provisional) Visa (subclass 820) and Partner (Migrant) Visa (subclass 801)

This visa allows the de facto partner or spouse of an Australian citizen or permanent resident to live in Australia.

The Partner (Provisional) Visa (subclass 820) is a temporary visa. The Partner Visa (Migrant) (Subclass 801) is a permanent residency visa. The Australian Partner Visa is a 2-stage process. That is, you apply for a temporary and a permanent visa at the same time. Depending on your circumstances and evidence provided, you will be granted the temporary subclass 820 or both.

Evidencing your relationship

820 visa vs 801 visa

In most circumstances, you will first be granted the 820 temporary visa, followed by the 801 visa 2 years later. Long term committed couples who have lived together for at least 3 years immediately prior to lodging the visa, or 2 years living together and with a child together, will receive the permanent residency 801 partner visa immediately.

The DOHA visa application fee that you pay on lodgement of the application covers both the temporary and permanent visas.

Obtain a quote for an Australian partner visa.

Eligibility:

In most cases you will be married, in a de facto relationship for at least 12 months, or have registered the relationship with an Australian State Government.

For the 820 and 801, you need to show evidence of your shared life. This includes your financial commitment to one another, shared living arrangements and social recognition of your relationship. We will assist you with putting together the evidence required to demonstrate your commitment to each other, and assist with the preparation of your personal statement, which is an important document explaining the nature of your relationship.

Generally, you must be able to show 12 months of cohabitation evidence. However, depending on where you live, you may be able to register your relationship and waive this requirement.

Partner visa eligibility

You and your sponsor must be at least 18 years of age
Your relationship is genuine, continuing and mutually exclusive
You live together or do not live separately and apart on a permanent basis
Be in a de facto relationship (at least 12 months), married or have registered the relationship
You meet the Australian health requirements
You and your sponsor meet the character requirements

Bridging Visa A:

When your partner visa is lodged whilst you are in Australia, an associated Bridging Visa A (BVA) is automatically issued by the Department of Home Affairs. The BVA only comes into effect once your current visa has expired. For example, if you hold a 3 month tourist visa, your BVA would come into effect at the end of the 3 months. In this case, your work rights would commence only once your 3 month tourist visa has expired, and the BVA is activated. You can work until a decision is made on your Partner visa.

Cost of visa:

Australian Government fee due when the visa is lodged AUD$8,850.00.

Apply from:

You must be in Australia when you apply for this visa.

Processing times:

Currently 6-12 months.

The impact of COVID on processing times:

The pressure to bring partners of Australian Citizens into Australia during the COVID crisis has seen the Australian Government allocate a further 73,500 Partner visas for the 2021/22 financial year. This means that processing times have been reduced considerably.

We are currently lodging more off-shore Partner (subclass 309) visas than on-shore Partner (subclass 820) due to the reduced processing times.

Discuss the best visa for you with our Migration Agent

Will registering the relationship in Australia take away the need of living together for 12 months?

If the Australian partner has lived in Australia for 3 months, or is currently living in Australia, they can apply to Register the Relationship with the State Government where they reside. This, combined with evidence that the relationship is genuine and ongoing, will negate the necessity of providing evidence of living together for 12 months immediately before lodging the visa application. Speak to our Registered Migration Agent to see if this an option for you.

Please note: only the following states currently allow relationships to be registered – NSW, Victoria, ACT, NT, South Australia, Tasmania and Queensland.

Contact us today and speak to our Registered Migration Agent. We can assess your options and recommend the best visa pathway for you.

What if we have not lived together for 12 months?

If you have not lived together for 12 months but have lived together at some point during the relationship, then you may still be eligible. It is possible for the sponsor to register the relationship with the State in which they are residing. This, combined with evidence that the relationship is genuine and ongoing, will negate the necessity of providing evidence of living together for 12 months immediately before lodging the visa application.

Please note: only the following states currently allow relationships to be registered – NSW, Victoria, ACT, NT, South Australia, Tasmania and Queensland.

Do I need a Bridging Visa?

Bridging visas are only granted to visa applicants who apply for a Partner visa whilst in Australia, to ensure they remain lawful while their application is being processed. If you lodge your Partner visa outside of Australia, you will not be eligible for a Bridging visa.

Can my application be processed sooner?

Applications are generally processed in the order they are received and there is little scope to change this. If you feel you have compelling or compassionate reasons as to why your application should be processed earlier, you will need to provide a written statement outlining these circumstances. It should be noted that circumstances such as employment in Australia; schooling for children, pregnancy, selling your house, or separation from your partner is not considered compelling or compassionate.

Does being married help with an application for a Partner Visa?

No. You must still provide evidence to show that your relationship is genuine and on-going and that you both have a mutual commitment to a shared life together.

When do I complete the medical?

Once the application has been lodged with the Australian Government, a Health Assessment Portal (HAP) ID number will be generated. The HAP ID number must be quoted when booking your appointment with the Australian Panel Doctor.

You must undertake:

a medical examination regardless of age; and
an x-ray if aged 11 years or over; and
an HIV test if aged 15 or over.

All medical examinations and x-rays must be completed by Panel Doctors and Radiologists designated by the Australian Government. These are recorded electronically and kept on departmental systems.

Do I require Police Checks?

You must provide police certificate(s) from each country where you have lived for a total of 12 months or more in the last 10 years. These 12 months are calculated cumulatively and need not have been consecutive.

Complete the free online assessment to check your eligibility HERE

Book a consultation with an Australian Registered Migration Agent to discuss your questions HERE