Partner Visa (Subclass 820/801) - Onshore | PV Lawyers

Overview

The Partner visa (subclasses 820 and 801) is an onshore visa pathway for partners of Australian citizens, permanent residents, or eligible New Zealand citizens. This visa allows you to remain in Australia with your partner while your application is assessed.

The visa is granted in two stages. The initial stage grants a temporary visa (subclass 820), and after a qualifying period, you become eligible for the permanent visa (subclass 801). In most cases, both stages are applied for at the same time.

This visa recognises the importance of family unity and provides a pathway for genuine couples to build their lives together in Australia.

Visa Stages

The Partner visa (onshore) involves two distinct stages that are typically applied for together:

Temporary Partner Visa (Subclass 820)

The first stage of the process. Once granted, this visa allows you to live and work in Australia while your permanent visa application is being processed. You will have full work rights and access to Medicare.

Permanent Partner Visa (Subclass 801)

The second stage, which is generally assessed approximately two years after the initial application. If the relationship is ongoing and genuine, the permanent visa is granted. In some circumstances, the permanent visa may be granted earlier.

Combined Application

Most applicants lodge both the 820 and 801 applications together. The Department assesses the temporary visa first, and then assesses the permanent visa at the appropriate time.

Key Requirements

To be eligible for the Partner visa (subclass 820/801), both the applicant and the sponsoring partner must meet specific requirements.

Applicant requirements:

Be in a genuine and continuing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen
Be in Australia when the application is lodged
Be sponsored by your partner
Meet health and character requirements
Meet any applicable public interest criteria

Sponsor requirements:

Be an Australian citizen, permanent resident, or eligible New Zealand citizen
Be at least 18 years of age
Not have sponsored more than two partners for visas (limits apply)
Not be barred from sponsoring due to previous sponsorship issues or certain criminal convictions

The relationship must be genuine and continuing. The Department will assess the history of the relationship, financial aspects, nature of the household, social context, and the commitment of each partner to the relationship.

Relationship Evidence

Demonstrating a genuine and continuing relationship is central to the Partner visa application. The Department assesses evidence across four key areas:

Financial aspects

Joint financial commitments such as shared bank accounts, joint ownership of property or assets, and shared household expenses demonstrate financial interdependence.

Nature of the household

Evidence of living together, sharing household responsibilities, and combining domestic arrangements supports the claim that you share a life together as a couple.

Social context

Joint social activities, recognition of the relationship by family and friends, and presenting as a couple in public contexts demonstrate social acknowledgment of your relationship.

Nature of commitment

Evidence of your commitment to a long-term relationship, such as plans for the future, length of the relationship, and any legal or cultural ceremonies, is also considered.

Our immigration lawyers can advise on how to present your relationship evidence in the most effective way.

Processing and Waiting Periods

The Partner visa application process involves waiting periods that applicants should be prepared for.

Initial application

After lodging, the Department will assess the temporary visa (subclass 820) first. Processing times vary depending on the complexity of the application and the Department's workload.

Bridging visa

If you hold a substantive visa when you apply, you will generally be granted a Bridging Visa A. This allows you to remain lawfully in Australia while your application is processed.

Two-year waiting period

In most cases, the permanent visa (subclass 801) is not assessed until at least two years after the application was lodged. This waiting period allows the Department to assess the ongoing genuineness of the relationship.

Exemptions from waiting period

In certain circumstances, such as long-term relationships or where there are dependent children from the relationship, the waiting period may be waived and the permanent visa assessed sooner.

Visa Conditions and Entitlements

The Partner visa provides significant benefits while your application is being processed and after the permanent visa is granted.

While on the Subclass 820:

Full work rights in Australia
Study rights
Access to Medicare
Permission to travel in and out of Australia
Ability to sponsor eligible family members

After the Subclass 801 is granted:

Permanent residence in Australia
Continued full work and study rights
Eligibility to apply for Australian citizenship after meeting residence requirements
Ability to sponsor eligible family members for migration

It is important to notify the Department of any changes to your circumstances, including changes to your relationship, address, or contact details.

How We Can Assist

Partner visa applications require careful preparation and comprehensive documentation. The Department scrutinises relationship evidence closely, and a well-prepared application is essential.

Our services include:

Assessing your eligibility for the Partner visa
Advising on relationship evidence and how to present your case effectively
Preparing and lodging your visa application with comprehensive supporting documentation
Advising on sponsor eligibility and any issues that may affect the application
Responding to requests for further information from the Department
Assisting with the second stage (801) application
Advising if circumstances change during the application process

Every relationship is different, and the evidence required will vary depending on your circumstances. Contact us to discuss your specific situation and how we can assist with your Partner visa application.

Frequently Asked Questions

Processing times vary significantly depending on the complexity of the application and the Department's workload. The temporary visa (820) may take many months to process, and the permanent visa (801) is generally assessed after a two-year waiting period from the date of application.

Yes, once the temporary Partner visa (subclass 820) is granted, you have full work rights in Australia. While on a Bridging Visa A awaiting a decision, you may also have work rights depending on your previous visa conditions.

If your relationship ends before the permanent visa is granted, you should seek legal advice immediately. In some circumstances, such as where there is family violence, you may still be eligible to continue with your application.

Yes, dependent children may be included in your Partner visa application. They will generally receive the same visa as you, subject to meeting health and character requirements.

No, the Partner visa is available to both married couples and de facto partners. De facto relationships must have existed for at least 12 months before applying, unless you can demonstrate compelling and compassionate circumstances or your relationship is registered.