The Partner Visa pathway, encompassing Subclasses 820 and 801, offers a streamlined process for the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. By applying for both the temporary (Subclass 820) and permanent (Subclass 801) visas simultaneously, applicants can embark on their journey toward permanent residency in a cohesive manner. This combined application simplifies the process, allowing couples to establish their lives in Australia with greater certainty. While the Subclass 820 visa grants temporary residency, the Subclass 801 visa paves the way for long-term stability, ultimately enabling successful applicants to enjoy the benefits of living in Australia permanently. Understanding this dual pathway is crucial for couples looking to build their future together in a new country.
Subclass 820
The Subclass 820 visa is designed for individuals in a genuine relationship with an Australian partner. It grants temporary residency, allowing you to live, work, and study in Australia while your application for a permanent Partner Visa is being processed. To be eligible, you must be in Australia when you apply.
Benefits
Live, work, and study in Australia
This visa leads directly to the permanent Partner Visa (Subclass 801).
Travel in and out of Australia as many times as you wish during the visa's validity.
Eligible to apply for Australia’s public health care.
Attend free English language classes provided by the Adult Migrant English Program if you are eligible.
Eligibility
To qualify for the Subclass 820 visa, you must meet the following criteria:
You must be in a committed relationship with your partner, who is an Australian citizen, permanent resident, or eligible New Zealand citizen.
Your spouse or de facto must sponsor you for this visa.
You must be in Australia at the time of application, and any family members applying with you must also be in Australia.
You and your family members must meet health and character requirements.
Both married and de facto partners must be at least 18 years old at the time of application.
Additional Information
You can include a dependent child in your application either when you lodge your visa application or after, provided they meet health and character requirements.
If you hold a Prospective Marriage Visa (Subclass 300), special provisions apply for including family members.
Costs and Processing Times
Visa Fees: The application fee starts at AUD 9,095 for most applicants, and AUD 1,515 for holders of the Prospective Marriage Visa (Subclass 300).
Processing Times: While processing times can vary, applicants are encouraged to consult the visa processing time guide for recent applications to get a rough estimate.
Applying for the Subclass 820 Visa
To apply, ensure you have:
Your sponsor's completed “Sponsorship for a Partner to Migrate to Australia” form.
Evidence of your genuine relationship (e.g., statutory declarations from friends or family).
Relevant documents proving your partner's status (e.g., passport).
Ensure that all documentation is accurate and submitted correctly.
Subclass 801
The Subclass 801 Partner Visa is a permanent visa designed for the de facto partners or spouses of Australian citizens, permanent residents, or eligible New Zealand citizens. This visa allows successful applicants to live in Australia indefinitely, marking a significant milestone in their journey towards establishing a life in this vibrant country.
Benefits
You become a permanent resident from the day your visa is granted. Live work and study in Australia.
Gain access to Australia's public healthcare system, Medicare.
Ability to sponsor eligible family members to come to Australia.
Travel Provisions
The Subclass 801 visa allows you to travel in and out of Australia for five (5) years from the date of grant. After this period, you will need to apply for a Resident Return Visa (RRV) if you wish to continue traveling as a permanent resident.
Eligibility
To be eligible for the Subclass 801 visa, you must currently hold a temporary Partner Visa (Subclass 820). The application process for the 801 visa is typically initiated alongside the temporary visa, which combines both temporary and permanent residency in one application.
You must hold a temporary Partner Visa (Subclass 820) or a Dependent Child Visa (Subclass 445).
You need to maintain a genuine and ongoing relationship with your sponsor.
Two (2) years must pass from the date you applied for the combined visa before you can be assessed for permanent residency.
Costs and Processing Times
The fee for the Subclass 801 visa is covered in the combined application you submit for the temporary and permanent partner visas. However, additional costs may arise for health checks or police clearances.
Processing times can vary, and applicants are encouraged to check the visa processing time guide tool for the most current information. Generally, the processing period begins two years after the initial application.
Important Considerations
You must remain in a genuine relationship with your sponsor. In cases of separation or the death of a partner, it may still be possible to apply for a permanent visa.
Both you and any family members included in your application must abide by Australian laws and meet visa conditions.
Including Family Members
If you have a dependent child, you can include them in your initial application. However, once the permanent visa is granted, you cannot add additional family members to your application. If your child is not already holding a Subclass 820 visa, they must first apply for a Dependent Child Visa (Subclass 445) before you can include them in your permanent visa application.
For clarification, consider consulting a registered migration agent, as immigration regulations may change over time. To ensure you meet the current eligibility criteria and receive personalized guidance, we recommend consulting with Australian Portal Immigration. You can book your appointment here.
Frequently Asked Questions (FAQ)
Q1. Can I work while on the Subclass 820 visa?
- Yes, you have full work rights while your visa is valid.
Q2. How long can I stay in Australia with this visa?
- You can stay until your permanent Partner Visa (Subclass 801) application is finalized or you withdraw your application.
Q3. What if my partner and I break up?
- You may still be eligible for a permanent visa under certain conditions. Notify the Department of Home Affairs of your situation. If the relationship ends or your partner passes away, you may still be eligible for the permanent visa under certain circumstances, especially if you can prove domestic violence.
Q4. Do I need health insurance while on this visa?
-While you may be eligible for Medicare, it's advisable to have health insurance to cover any medical expenses.
Q5. Can I apply for both visas simultaneously?
-Yes, when you apply for the Subclass 820 visa, you can include your application for the Subclass 801 visa in the same application.
Q6. Can I add family members after my application is submitted?
-You can only include dependent children in your application before a decision is made. After granting the Subclass 801 visa, you cannot add family members.
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