Everything You Need to Know About Partner Visa (Subclass 820 & 801)
The Partner visas (subclass 820 and 801) enable individuals to live in Australia as the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
The temporary Partner visa (subclass 820) is granted first, allowing applicants to reside in Australia for up to two years. During this period, applicants can apply for the permanent Partner visa (subclass 801) if they intend to stay in Australia permanently.
Benefits of a Partner Visa
Temporary Partner Visa (Subclass 820) allows applicants to:
- Reside in Australia for up to two years
- Study in Australia without government funding
- Access health services under Medicare
Permanent Partner Visa (Subclass 801) allows applicants to:
- Live, work, and stay in Australia indefinitely
- Access Medicare health coverage
- Apply for Australian citizenship once eligibility criteria are met
- Sponsor eligible relatives for permanent residency
- Travel to and from Australia for five years from the visa grant date
Eligibility Criteria
For Subclass 820:
- Must be at least 18 years old when applying
- Must be in Australia when lodging the application and when the visa is granted
- Must have an eligible sponsor (spouse or de facto partner)
- Must meet health and character requirements
- Must have no outstanding debts to the Australian government or have made arrangements to repay
Note: If the applicant or sponsor is under 18, a parent or guardian who is an Australian citizen, permanent resident, or eligible New Zealand citizen can act as the sponsor.
For Subclass 801:
- Must hold a temporary Partner visa (subclass 820)
- Must remain in a continuing relationship with the sponsor unless special circumstances apply
- Must comply with all conditions of the 820 visa
- Must not have had any visa cancellations or refusals while on the 820 visa
Sponsorship Limitations
The Department of Immigration may not accept a sponsorship application if:
- The sponsor has been granted a Partner visa or Prospective Marriage visa (subclass 300) in the last five years
- The sponsor has previously sponsored two persons on a Partner or Prospective Marriage visa
- The sponsor has sponsored a person on a Partner or Prospective Marriage visa in the last five years
Exceptions apply if:
- The previous partner has passed away or the relationship ended with dependent children
- The sponsor has been in a relationship with the current partner for more than two years
- The sponsor or partner has dependent children
Sponsorship Obligations
As a sponsor, you are responsible for providing:
- Accommodation
- Financial support for living costs, including English language courses if required
- Additional support such as childcare if needed
Family Members Included in the Visa
Dependent children or stepchildren can be included in the visa application. They will receive the same rights and conditions as the primary applicant.
Health and Character Requirements
All applicants and included family members must:
- Complete health examinations within 12 months of applying
- Provide police certificates from every country they have lived in for 12 months or more over the past ten years
If you wish to reunite with your partner in Australia under this visa, contact our immigration experts for a tailored assessment and professional guidance to ensure a smooth application process.
Application Process – Partner Visa (Subclass 820 and 801)
Determine Eligibility
- Confirm that you and your partner meet all requirements for the temporary (820) and permanent (801) Partner visas, including age, relationship status, health, and character criteria.
Gather Required Documents
- Collect evidence of your genuine relationship, identity documents, health and character certificates, and financial support details.
- Include supporting documents for dependent family members if applying together.
Lodge Temporary Partner Visa (Subclass 820) Application
- Submit your application online or on paper while you are in Australia.
- Ensure all documents are complete and accurate to avoid delays.
Await Visa Grant for Subclass 820
- The Department of Home Affairs will assess your application and may request additional information or interviews.
- Upon approval, you can live in Australia temporarily with your partner and access Medicare.
Apply for Permanent Partner Visa (Subclass 801)
- Typically lodged automatically at the same time as your 820 application, but assessed later.
- Demonstrate that your relationship has continued and that you have met all 820 visa conditions.
Receive Permanent Visa Grant (Subclass 801)
- Once granted, you can live, work, and study in Australia indefinitely.
- You can also apply for citizenship and sponsor eligible relatives.
Post-Grant Obligations
- Continue to comply with visa conditions for yourself and any dependent family members.
- Maintain accurate contact details with the Department of Home Affairs.
Why Apical Immigration Experts?
Apical Immigration Experts offer comprehensive support for Partner Visa applications, ensuring a smooth and stress-free process from start to finish. Our team guides you through every step, from eligibility assessment to final visa grant, helping you reunite with your loved ones in Australia.
- Expert Visa Knowledge: We specialize in Partner Visa (Subclass 820 and 801) applications, providing accurate guidance on requirements, sponsorship rules, and relationship documentation.
- Personalized Assistance: Tailored strategies are created to present your relationship clearly and convincingly to the Department of Home Affairs.
- Complete Documentation Support: From gathering evidence of your genuine relationship to preparing forms and supporting documents, we ensure everything is thorough and compliant.
- Updated Policy Insights: Our experts stay informed about any changes in immigration laws and visa conditions to provide the most current advice.
- End-to-End Guidance: From initial consultation to visa grant, we manage every aspect to make the process seamless and reliable.
FAQs: Partner Visa (Subclass 820 and 801)
1. What is the difference between Subclass 820 and Subclass 801 visas?
The Subclass 820 is a temporary partner visa that allows you to live in Australia while your permanent visa application is being processed. The Subclass 801 is the permanent partner visa, granting indefinite residence once the requirements are met, including maintaining a genuine relationship with your sponsor.
2. Can I apply for a Partner Visa if I am outside Australia?
No, the Subclass 820 must be lodged while you are in Australia. If you are outside Australia, you may need to explore the Prospective Marriage Visa (Subclass 300) or other relevant pathways before entering Australia.
3. Who can sponsor me for a Partner Visa?
You must be sponsored by your spouse or de facto partner who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. Sponsors must meet certain eligibility criteria and agree to provide financial and accommodation support if needed.
4. Can I include my children in my Partner Visa application?
Yes, dependent children and stepchildren can be included in your application. They will have the same visa rights and conditions as the primary applicant, provided they meet health and character requirements.
5. How long does it take to process a Partner Visa?
Processing times vary depending on the complexity of your case, the completeness of documents, and whether additional information is requested. Typically, temporary 820 visas take 12–24 months, and the permanent 801 visa is granted around two years after the 820 visa if all requirements are met.