Partner visa
(820 visa / 801 visa)
Experience the joy of being with your loved one in Australia through the Australian Partner 820 visa / 801 visa. If you’re in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, the Australian Partner Visa (subclass 820/801) could be your pathway to living together in Australia. This visa is for both married and de facto couples, including same-sex partners.
What is the 820/801 Partner Visa?
The Australian Partner 820 visa is the temporary visa you apply for first. After holding the 820 visa for at least 2 years, you can apply for the permanent 801 visa. The 801 visa lets you live in Australia permanently, so it’s a vital step for couples looking to settle down together.
Am I Eligible for the 820 Visa?
To apply for the Partner Visa subclass 820, you need to meet certain requirements. These include:
- Age: You must be at least 18 years old.
- Relationship: You must be married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Living Together: If you’re in a de facto relationship, you need to have lived together for at least 12 months.
- Temporary Visa: You need to hold a temporary visa (e.g., student, visitor, working holiday visa) with no “No Further Stay” condition.
- Health and Character: You and your partner must meet health and character requirements.
If your partner is an Australian citizen, permanent resident, or eligible New Zealand citizen, they can sponsor you for the visa. But, they must not have sponsored anyone else in the last 5 years or have any criminal convictions.
What About the 801 Visa?
After holding your 820 visa for at least 2 years, you’ll be eligible for the 801 visa, which grants you permanent residency. In some cases, you may not need to submit additional documents to receive the 801 visa, depending on your specific situation.
Partner Visa 820 Application Process: 5 Simple Steps
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Check Eligibility
First, check if you meet all the eligibility requirements for the 820 visa. If you’re unsure, we can help you assess your situation. -
Gather Documents
Prepare all the necessary documents. These can include proof of identity, relationship evidence (photos, joint bank accounts, etc.), and police checks. The document list for the applicant and sponsor can vary, so make sure you have everything ready. -
Submit the Application
Submit your 820 Visa application via the Immiaccount. You will also need to submit your sponsor’s application. -
Wait for the Decision
Processing times vary, but the average time can range from 11 to 44 months. While you wait, you’ll be granted a Bridging Visa A, allowing you to stay in Australia. You can also work and study while waiting. -
Visa Outcome
If your 820 visa is granted, you can continue living in Australia until your 801 visa is decided. If your 820 visa is refused, you’ll likely need to leave the country.
Why Do I Need a Sponsorship Application?
Your partner must apply to sponsor you. This is mandatory to assess their eligibility to sponsor you. If your partner has a criminal record or doesn’t meet the requirements, the sponsorship may not be approved.
How Long Does It Take to Get a Partner Visa?
The processing time for a Partner Visa (820) can range between 11 and 44 months. However, this time can change based on the complexity of your case and whether you’ve provided all necessary documents. The 801 visa typically takes 9 to 19 months to process.
Can I Apply for Both the 820 and 801 Visas Together?
In some cases, you can be granted both the 820 and 801 visas at the same time. This typically happens if you’ve been in a long-term relationship or have children together. Otherwise, you’ll need to apply for the 801 visa after holding the 820 for at least 2 years.
How Much Does the 820 Visa Cost?
As of July 2024, the cost for the 820 Visa is:
- AUD 9,095 for the main applicant
- AUD 4,550 for each additional applicant over 18 years
- AUD 2,280 for each additional applicant under 18 years
The cost includes both the 820 and 801 visas. If you’re on a Prospective Marriage Visa (subclass 300), the fee for the 820 visa is AUD 1,515.
What Are the Benefits of the 820 Visa?
The 820 Visa lets you stay in Australia legally while waiting for your permanent residency. You can:
- Work and study without restrictions
- Travel to and from Australia as often as you like
- Access Medicare, Australia’s public healthcare system
Common Questions About the 820 Visa
Can I Apply if I Have Overstayed My Visa?
Yes, but you may need to request a waiver for Schedule 3 criteria, which can be complex. We can guide you through this.What if My Relationship Ends During the Process?
If your relationship ends, you must notify the Department of Home Affairs immediately. Your visa will likely be cancelled, and you may need to leave the country.Can I Apply for the 820 Visa While Offshore?
No, the 820 Visa is for applicants already in Australia. If you’re outside Australia, you need to apply for the Partner Visa subclass 309 instead.
When am I eligble to apply for the 801 Visa?
Generally, you need to have held the 820 Partner for at least 2 years before being eligible to be granted the 801 Visa. However, there are exceptions to this 2-year requirement. In some cases, you may not need to provide further documentation to the Department for the 801 Visa to be granted after being granted the 820 Visa.
489, 491 & 494 Visa restrictions
Holders of 491 or 494 visa must have held that visa for at least 3 years before being eligible to apply for the 820 Partner visa. Certain holders of 489 extension visa must have held that visa for at least 2 years to apply for the 820 Partner visa.
Work Rights?
There are Nil Conditions imposed on the 820 Visa grant and also Nil conditions imposed on a Bridging Visa A whilst waiting for a combined 820/801 Visa outcome. This means you have full work and study rights.
Can you apply for 820 Visa from 600 Visa?
Yes, you can apply for the combined 820/801 Partner Visa after coming onshore on a 600 Tourist Visa. However, it is important to note that applications for a 600 Visa must meet its genuine criteria and if granted, does not contain Condition 8503 which prevents you from applying for an 820/801 Partner Visa.
Can I Include My Family Members?
Yes, you can include your children in the application. However, only biological, adoptive, or stepchildren can be added. They must also meet health and character requirements.
Do not provide false of fraudulent documents
It’s vital for all visa applicants to understand the severe consequences of providing false or misleading information. Such inaccuracies can result in visa refusal and a three-year ban from entering Australia.