Subclass 820 & 801
Subclass 820 Onshore Partner Visa
Eligibility criteria
The applicant:
- Must be in Australia to apply this visa.
- Hold a substantive visa,or compelling reasons exist for the grant of a Partner visa.
- Sponsored by Australian partner.
- Must be 18 or older.
- Meet the relationshiprequirements.
- Meet health and character requirements.
If you are married:
- Your marriage is valid under Australian law.
- You have a mutual commitment with your spouse to the exclusion of all others.
- Your relationship is genuine and continuing.
- You either live together or do not live permanently apart.
- You are not related by family.
If you are in De facto relationship:
- You are not married to each other.
- You have a mutual commitment with your de facto partner to the exclusion of all others.
- Your relationship is genuine and continuing.
- You live together or do not live permanently apart.
- You are not related by family.
- You must be in a de facto relationship for at least 12 months immediately before you apply for this visa unless compelling and compassionate circumstances exist or you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages.
Sponsor’s requirements for partner visa:
- You are an Australian citizen, permanent resident, oreligible New Zealand citizen.
- You are married or in de facto relationship with applicant.
- Age is 18 or over.
- Must meet sponsorship obligations.
- No limitation on sponsor to apply sponsorship.
- Meet character requirements.
Subclass 801 Visa
- You must hold either a Partner visa (subclass 820)
- 2 years must have passed since you applied for the combined 820 and 801 visa for you to be eligible to be assessed for the permanent visa.
- If you were in a long-term relationship or your sponsor held a specific visa before you applied, you might be granted a permanent visa in less than 2 years.
- You must continue to be the spouse or de facto partner of the same person who sponsored you for the temporary Partner visa.
Frequently Asked Questions
What happens if my partner had already sponsored someone for a partner visa in the past?
Your partner is eligible to sponsor two partners for this visa in their lifetime, with a five-year interval from the previous sponsorship, unless compelling and compassionate circumstances exist.
What happens if I am suffering from family violence?
If you hold a partner visa in Australia and are experiencing family violence, you are eligible for a permanent partner visa even if your relationship has ended with your partner.
Can I stay in Australia while waiting for a partner visa?
If you have applied for an onshore partner visa, you will receive a bridging visa and can stay in Australia while waiting for the partner visa to be granted.