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Partner Onshore Visa (Subclass 820 and 801)

Partner Onshore Visa

(Subclass 820/801) 

 

The Partner visa (Subclasses 820 and 801) allows individuals who are the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to reside in Australia. This onshore visa pathway involves two stages and is intended for applicants already within Australia at the time of application.

The process starts with the temporary Partner visa (Subclass 820), which permits the applicant to stay in Australia. After meeting specific requirements and typically waiting for a certain period, the applicant may be granted the permanent Partner visa (Subclass 801). Both stages are applied for at the same time under a single application and fee.

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Australian Partner Visa

Temporary Partner Visa (Subclass 820) offers the following benefits:

  • Reside in Australia while your permanent visa application is under assessment.
  • Work and pursue studies in Australia (note: government financial assistance for study is not included).
  • Access Medicare, Australia’s public health system, for medical care and expenses.
  • Enjoy unrestricted travel to and from Australia during the visa’s validity.

 

Permanent Partner Visa (Subclass 801) provides:

  • The right to live, work, and study in Australia without limitations.
  • Continued access to Medicare for your healthcare needs.
  • The opportunity to apply for Australian citizenship, once eligible.
  • The ability to sponsor eligible family members for permanent residency.
  • Freedom to travel in and out of Australia for five years from the visa grant date. After this period, a Resident Return Visa may be required to maintain travel rights as a permanent resident.

Visa Class

Partner Visa
The Australian Partner visa program caters to individuals who are in a genuine relationship with an Australian citizen, Australian permanent resident or


                                                                            Read More

Visa Subclass

Eligibility Criteria

For Subclass 820 (Temporary Partner Visa):

  • You must be 18 years of age or older at the time of lodging your visa application.
  • You must be in Australia both when you lodge your application and when the visa is granted.
  • You must be in a genuine and continuing relationship as the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen (your sponsor).
    Note: If your Australian partner is under 18 years of age, their parent or guardian (who must be an Australian citizen, permanent resident, or eligible New Zealand citizen) can sponsor you.
  • You must meet Australia’s health and character requirements.
  • You must have no outstanding debts to the Australian government or have made arrangements to repay any such debts.

 

For Subclass 801 (Permanent Partner Visa):

  • You must hold a temporary Partner visa (Subclass 820).
  • You must continue to be in a genuine and continuing relationship with your spouse or de facto partner (your sponsor), unless specific “special circumstances” apply (e.g., relationship breakdown due to family violence, or death of the sponsor).
  • You must have abided by all Australian laws and the conditions of your Subclass 820 visa.
  • You must not have had a visa cancelled or refused while living in Australia on your Subclass 820 visa, unless specific exceptions apply.

Sponsorship Restrictions

To maintain the integrity of the Partner visa program, the Department of Home Affairs enforces strict rules regarding sponsorship. Your sponsorship application may be declined if:

  • You were granted a Partner visa (Subclass 820/801 or 309/100) or a Prospective Marriage visa (Subclass 300) within the past five years.

  • You have already sponsored two individuals under a Partner or Prospective Marriage visa.

  • You sponsored someone on a Partner or Prospective Marriage visa within the last five years.

Exceptions may apply under certain compelling circumstances, such as:

  • If a previous relationship ended due to the death or abandonment of a partner, especially when dependent children are involved.

  • If you have been living with your current partner for a significant duration (e.g., over two years, or two years with a dependent child).

  • If either you or your partner has dependent children.

 

Sponsorship Responsibilities

As a sponsor, you are expected to fulfill key obligations for a minimum of two years from the date your partner enters Australia on a temporary Subclass 820 visa. Your responsibilities include:

  • Providing suitable accommodation.

  • Offering financial support for basic living costs and, if necessary, funding English language courses.

  • Delivering any additional assistance, such as childcare, when needed.

 

Including Dependent Family Members

You can include your dependent children or step-children in your Partner visa application. These family members will typically receive the same rights and visa conditions as the primary applicant. Specific criteria apply to dependents over 18 years of age.

 

Health and Character Requirements

All applicants and their dependents listed in the visa application must meet Australia’s health and character standards:

  • Health: Undergo medical examinations by a panel-approved doctor, usually within 12 months prior to lodging the application.

  • Character: Submit police clearance certificates from all countries where they’ve lived for 12 months or more over the past decade since turning 16.

 

Need Help with Your Application?

Reach out to our registered migration agents for expert advice and a tailored assessment to ensure your application is accurate and complete.

 

Disclaimer: This information is intended as general guidance and does not constitute legal advice. For the most accurate and up-to-date details, please refer to the official Department of Home Affairs website:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-820

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