Partner Visa

Partner Visa

Subclass 820

If you are in Australia and you want to stay here with your Australian citizen partner or an Australian permanent resident, you’ll need to apply for the 820 visa and then the 801 PR visa later. This is a two-part application, so having a Registered Migration Agent ensures that you are organized and up-to-date with application deadlines for both parts.
It is a temporary-to-permanent visa. Two years after lodging the initial application, you must provide Immigration with further evidence of your ongoing relationship in order to obtain Australian permanent residency.

 Am I eligible for an 820/801 onshore partner visa?

You may be eligible if you meet the following criteria:

• Your partner is an Australian citizen, permanent resident or an eligible New Zealander, and is not limited by previous partner sponsorship.
• You hold a valid visa (without the “8503 – NO FURTHER STAY” condition) and you are in Australia at the time of application.
• You are married, you can show solid evidence of living together for 12 months prior to application, or you have registered your relationship (certain states of Australia). Relationship registration waives the 12-month cohabitation requirement. You cannot register your relationship if married to someone else (even if separated for a long time).
• You meet health and character requirements
• Your partnership is recognised under Australian law

Stage two eligibility

• You need to hold an 820 visa
• Be in an ongoing relationship still, unless you meet certain special conditions
• Have complied with Australian laws

820/801 visa process

The 820 visa and 801 visa process involves two steps. It is designed to take you from temporary residency to permanent residency.

In most cases, the 820 part is granted first and the 801 part around 24 months later. You pay a single Government application charge at the start to cover both parts.

You can stay in Australia on your subclass 820 visa until your permanent 801 visa is granted. Once you hold an 801 visa, you’re a permanent resident. You may be eligible to apply for citizenship in due course.

On the subclass 820, you can:

• Work in Australia* (Depending on the prior visa to the application)
• Study in Australia (but not with Government support)
• Leave and re-enter as many times as you wish
• Avail of free English classes.
• Sponsor relatives for permanent residence
• Medicare rights, once the visa application has been lodged.

Partner visa changes (2020-21 budget)

In the 2020-21 budget, the Government allocated 77,300 family visa places. A number of planned changes were also announced. As of December 2020, no implementation date has been set, but changes are set to include:
• New English language requirements for partners and sponsors
• Sponsor approval prior to application
• Character check on sponsor

Contact us today for further advice. Our team can assess your options and recommend the best visa pathway for you.

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(+61) 448 550 176

Email

australia.rca@rincon.com.au

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Monday to Friday 8a.m. – 4p.m.

Melbourne, Sydney, Canberra

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